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Decisions
Morgan and NZME Radio Ltd - 2021-131 (20 December 2021)
2021-131

The Authority has declined to determine a complaint under the discrimination and denigration standard about an item on Mike Hosking Breakfast. The complainant was concerned about a discussion of unvaccinated health workers, who do not amount to a relevant section of society for the purposes of the standard. The remainder of the complaint reflected the complainant’s personal views and in all the circumstances (including scientific consensus around the safety of the COVID-19 Pfizer vaccine), the Authority considered it should not determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration...

Decisions
Johnson and NZME Radio Ltd - 2022-125 (8 February 2023)
2022-125

The Authority has not upheld a complaint that a segment of Overnight Talk breached the discrimination and denigration, offensive and disturbing content, and fairness standards. A caller to the show advised the host he believed Russia was acting in ‘the least violent way possible’ in its invasion of Ukraine, to which the host responded heatedly, referring to the caller’s opinion as ‘stupid’ and ‘bullshit’. The Authority was satisfied the language used amounted to low-level language, and the host’s comments, while potentially seen as disrespectful by some, did not reach the level necessary to constitute unfair treatment. The discrimination and denigration standard did not apply as the comments were directed at the caller as an individual. Not Upheld: Discrimination and Denigration, Offensive and Disturbing Content, Fairness  ...

Decisions
TF and NZME Radio Ltd - 2016-063 (15 December 2016)
2016-063

Summary[This summary does not form part of the decision. ]During The Devlin Radio Show, host Martin Devlin was forcefully outspoken about an abusive text message he had received from the complainant, TF. Mr Devlin read out the complainant’s mobile phone number multiple times and phoned the complainant on air while making abusive comments about them. The Authority upheld a complaint that Mr Devlin breached the complainant’s privacy. While the Authority did not condone the strongly-worded text message initially sent to Mr Devlin, Mr Devlin’s response was disproportionate and unprofessional, even in the context of the robust talkback radio environment. The complainant had a reasonable expectation of privacy in relation to their personal mobile number, and Mr Devlin’s comments amounted to a sustained and personal attack against the complainant, making use of private information to personalise the abuse and implicitly encouraging harassment of TF....

Decisions
WX and NZME Radio Ltd - 2020-174 (29 June 2021)
2020-174

The Authority has not upheld a complaint under the discrimination and denigration standard about a broadcast in which two co-hosts made fun of the third for giving his pet pig a name shared by ‘one of the most powerful figures in the Nazi Party’, and the three of them joked about distinguishing names associated with Hitler and the Nazis by spelling them differently. The Authority noted the comments may be considered distasteful, in that they trivialised the notoriety of Hitler and the Nazis, but found they did not meet the high threshold required to find a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

Decisions
Brown and NZME Ltd - 2021-107 (17 November 2021)
2021-107

The Authority has not upheld a complaint about comments by Mike Hosking regarding Director General of Health, Dr Ashley Bloomfield. Mr Hosking said Dr Bloomfield ‘lied to the Select Committee’ and was a ‘liar’. The Authority found the accuracy and fairness standards were not breached as the comments were distinguishable as the opinion of the presenter and they did not result in Dr Bloomfield being treated unfairly. Given Dr Bloomfield’s high profile position, he can reasonably expect to be the subject of robust scrutiny. Not Upheld: Accuracy, Fairness  ...

Decisions
Beban and NZME Radio Ltd - 2019-063 (22 January 2020)
2019-063

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the good taste and decency standard during an episode of the programme Bhuja was insufficient. The Authority agreed that the programme breached standards, by failing to signal to viewers that a highly aggressive interview was staged, and by broadcasting offensive language. However, the Authority found the action taken by the broadcaster holding the hosts to account with regard to language used, was proportionate to the breach and any further action would unreasonably limit the broadcaster’s right to freedom of expression. The Authority also found that the fairness, discrimination and denigration, violence and accuracy standards did not apply to the material broadcast. Not upheld: Good Taste and Decency (Action Taken), Fairness, Discrimination and Denigration, Violence, Accuracy...

Decisions
Tamihere and NZME Radio Ltd - 2022-095 (22 November 2022)
2022-095

The Authority has not upheld a complaint that an item on Heather du Plessis-Allan Drive regarding MPs being infected with COVID-19 and mask-wearing breached multiple broadcasting standards. The Authority found the host’s comment that she would rather get COVID-19 than wear a mask all day was unlikely to seriously violate community standards of taste and decency. The comment did not relate to a recognised section of the community as contemplated by the discrimination and denigration standard or reach a threshold necessary to constitute discrimination or denigration. Nor did the broadcast ‘discuss’ a controversial issue of public importance as required for the balance standard to apply, and the comment at issue was an opinion to which the accuracy standard did not apply and which was unlikely to mislead the audience. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy...

Decisions
McCullough and NZME Radio Ltd - 2020-008 (9 June 2020)
2020-008

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Casey and The Radio Network Ltd - 2003-053
2003-053

ComplaintRadio Sport – talkback discussion about New Zealand cricket team’s performance at the World Cup – caller suggested host was overly critical of the team – host’s response – abusive – unfair – sexist FindingsPrinciple 1 – subsumed Principle 5 – sports talkback is robust – no uphold Principle 7, Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] The New Zealand cricket team’s performance at the World Cup was discussed on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 15 March 2003 hosted by Doug Golightly. One woman caller suggested to the host that he was overly critical of the team. The host advised the caller to return to domestic duties....

Decisions
LQ and New Zealand Media and Entertainment - 2016-059 (14 October 2016)
2016-059

Summary[This summary does not form part of the decision. ]During Overnight Talk on Newstalk ZB, the complainant had a conversation with the host about greyhound racing in which he defended the activity and the use of live bait. The host responded that the complainant was ‘pathetic’ and ‘a very sick person’, among other things. The Authority did not uphold a complaint that the host had offended the complainant on the basis of his Australian Aboriginal culture. The host’s comments to the complainant had no relation to his culture, and were not otherwise unfair. The comments were typical of the robust and opinionated nature of talkback radio, where callers can reasonably expect hosts to disagree with their views, sometimes in a strong and confrontational manner....

Decisions
Spring and The Radio Network Ltd - 2007-108
2007-108

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM – host discussed a television item that had contained an interview with Ray Spring – host made various statements about Mr Spring and told listeners where to find his home address in the White Pages – allegedly in breach of law and order, privacy, balance and fairness standards Findings Principle 3 (privacy) – item disclosed complainant’s name and effectively disclosed his address in a manner that was highly offensive – no legitimate public interest in the disclosure – upheld Principle 5 (fairness) – item breached standards of privacy which was also unfair – item encouraged listeners to harass the complainant – upheld Principle 2 (law and order) – item did not encourage listeners to break the law – the host’s comments were not sufficiently explicit to promote, condone or glamorise criminal activity – not upheld Principle 4 (balance) – item did not discuss a controversial…...

Decisions
Patterson and New Zealand Media and Entertainment - 2015-065
2015-065

Summary[This summary does not form part of the decision. ]During Jeremy Wells' 'Like Mike' skit on Hauraki Breakfast Regurgitated, in which he parodied radio and television presenter Mike Hosking, Mr Wells discussed the flag debate and his admiration for John Key. Imitating Mr Hosking's voice he said, 'I was pleasuring myself watching John Key on Parliament TV the other day, and, just when things were coming to a climax, they cut to [Labour leader Andrew] Little and I lost thickness immediately'. The Authority did not uphold a complaint that the comment breached standards of good taste and decency. The item was clearly satirical and intended to be humorous, and was consistent with audience expectations of Mr Wells, Mr Hosking, the programme and the radio station. The comments were inexplicit and in the nature of innuendo, and would have gone over the heads of most children....

Decisions
Grant and NZME Radio Ltd - 2025-020 (30 June 2025)
2025-020

The Authority has not upheld a complaint which allegedly featured ‘gendered and vulgar’ language on Heather du Plessis-Allan Drive. The presenter suggested the Prime Minister needed to grow ‘a bigger set of balls’ in response to his handling of the resignation of cabinet minister Andrew Bayly. The Authority concluded the presenter’s language, while provocative, was unlikely to cause widespread undue offence or distress among the audience. Not Upheld: Offensive and Disturbing Content ...

Decisions
Nightingale and NZME Radio Ltd - 2021-129 (20 December 2021)
2021-129

The Authority has not upheld a complaint that a discussion on Callum & P breached the privacy of a person interviewed on-air by disclosing their COVID-19 vaccination status. The Authority found the interviewee was a willing participant in the disclosure of her vaccination status. On this basis the broadcast did not breach the privacy standard. Not Upheld: Privacy...

Decisions
Cycling Action Network and NZME Radio Ltd - 2021-092 (10 November 2021)
2021-092

The Authority has not upheld a complaint alleging Kerre McIvor’s comments regarding cyclists breached the discrimination and denigration, fairness and balance standards. The comments did not refer to a recognised section of society as required by the discrimination and denigration standard and would not have reached the high threshold required to breach the standard. The individuals referred to in the broadcast were not treated unfairly, and the fairness standard does not apply to cyclists as a group. The balance standard was not breached as listeners were likely to have understood the comments as coming from Ms McIvor’s perspective. Not Upheld: Discrimination and Denigration, Fairness, Balance...

Decisions
Williamson and NZME Radio Ltd - 2023-008 (16 May 2023)
2023-008

During the programme Sunday Mornings with The Resident Builder on Newstalk ZB, the host described how he used to make an implement to shoot fireworks as a young boy, ‘à la a good old fashioned sort of flintlock. ’ The complainant alleged these comments could have encouraged children listening to imitate the host’s actions and put themselves or others in danger, in breach of the children’s interests standard. The Authority did not uphold the complaint, finding the comments were not likely to adversely affect children, taking into account the programme’s target audience and the nature of the comments.   Not Upheld: Children’s Interests...

Decisions
Wilson and NZME Radio Ltd - 2023-085 (8 April 2024)
2023-085

The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

Decisions
Healy and NZME Radio Ltd - 2023-089 (16 January 2024)
2023-089

The Authority has not upheld a complaint a segment on the Fletch, Vaughan & Hayley morning show breached the discrimination and denigration standard. In the broadcast, the hosts made several jokes and innuendos about the name of Irish airline Aer Lingus and one host, putting on an Irish accent, stated ‘on the menu today, we have potatoes’. The complainant considered the jokes to be offensive to Irish people and culture, and to amount to racism. The Authority acknowledged the jokes had the potential to offend, but did not uphold the complaint, finding the jokes did not meet the threshold for a breach under the discrimination and denigration standard as they were unlikely to encourage the different treatment of Irish people to their detriment, devalue the reputation of Irish people, or embed negative stereotypes. Not Upheld: Discrimination and Denigration...

Decisions
Tuck and NZME Radio Ltd - 2024-024 (22 May 2024)
2024-024

The Authority has not upheld a complaint that a segment of Fletch, Vaughan and Hayley discussing Ministry of Education guidelines for relationships and sexuality education breached the children’s interests standard. As part of the segment, the hosts indicated they wanted to talk about ‘the wild things that you were taught at sex ed. ’ The complainant considered the segment, which featured discussion of genitalia and how to use condoms, was inappropriate to air in the morning when parents were taking their children to school. The Authority found the segment was within audience expectations for the programme and the radio station, ZM, and the nature of the upcoming discussion was sufficiently signposted to allow parents or caregivers to exercise discretion over their children’s listening....

Decisions
Garrood and NZME Radio Ltd - 2026-016 (24 June 2026)
2026-016

The Authority has not upheld a complaint about a Mike’s Minute segment on Phase Two of the Royal Commission report Whītiki Aotearoa: further lessons from COVID-19 to prepare Aotearoa New Zealand for a future pandemic. The complainant alleged the segment presented ‘misrepresentations’ and inaccuracies about the findings of the report and was unbalanced and unfair. The Authority found the segment overall was consistent with well-established audience expectations of Mike’s Minute and the comments expressed were either clearly opinion or not materially misleading. The Authority also found the broadcast was not required to present significant perspectives under the balance standard, and the fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

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