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Decisions
Watson and NZME Radio Ltd - 2016-085 (15 December 2016)
2016-085

Summary[This summary does not form part of the decision. ]During Kerre McIvor & Mark Dye Afternoons, the hosts had a conversation about tipping in the United States. They discussed a story told by a talkback caller, who said that a church published a Bible pamphlet to be used instead of a monetary tip. One host, who appeared to be reading from the pamphlet, said, ‘Some things are better than money, like your eternal salvation that was bought and paid for by Jesus,’ to which the other host responded by making a vomiting sound. The Authority did not uphold a complaint that the vomiting sound made by the host was offensive to Christians and all those who hold religious beliefs. The Authority acknowledged that the host’s reaction would have caused offence to some listeners....

Decisions
Beynon and NZME Radio Ltd - 2018-052 (24 August 2018)
2018-052

Summary[This summary does not form part of the decision. ]A complaint about the use of the word ‘gypped’ during a segment of Sarah, Sam and Toni has not been upheld. The Authority found the host’s use of this word on this occasion did not carry any malicious intent and therefore did not reach the threshold required to be considered a breach of the discrimination and denigration standard. While the Authority did not uphold the complaint, they acknowledged that the casual use of this term and its variants may cause offence to some members of the public and noted care is required when using expressions relating to sections of the community....

Decisions
Grimshaw and New Zealand Media and Entertainment - 2014-136
2014-136

Summary [This summary does not form part of the decision]During the Hauraki Breakfast Show, the hosts made comments about two weather presenters, describing one as having 'charm pissing from every pore' and another as having 'a great rack'. The Authority did not uphold the complaint that the comments breached standards of good taste and decency. The discussion was consistent with the style of content and humour regularly broadcast on Radio Hauraki and would not have unduly surprised or offended the station's target audience. Not Upheld: Good Taste and DecencyIntroduction[1] During the Hauraki Breakfast Show, the hosts discussed weather presenter Jim Hickey's retirement. One of the hosts described Mr Hickey as having 'charm pissing from every pore'. The hosts were less complimentary about the female weather presenter taking over from Mr Hickey, but commented that she had 'a great rack, though'....

Decisions
Brice and The Radio Network Ltd - 2004-187
2004-187

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Hauraki – skit implying that Polynesian women suffer significantly less post natal depression than other ethnic groups because additional children result in increased welfare benefits – allegedly encouraged denigration or discriminationFindingsPrinciple 7 and Guideline 7a (denigration and discrimination) – skit was obvious attempt at humour – falls within exception in Guideline 7(a)(iii) – not upheld This headnote does not form part of the decision. Broadcasts [1] On Radio Hauraki at around 7. 05am on Monday 20 September 2004, one of the presenters announced recent findings by the Auckland University of Technology that Samoan women have one of the lowest rates of post natal depression in the world. He said that researchers wanted to find out “why Samoan women escaped the baby blues” so that they could help other women....

Decisions
Ede and The Radio Network Ltd - 2009-005
2009-005

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Morning Pirates – hosts discussed the act of people photocopying their naked bottoms on the office photocopier – one of the hosts photocopied his bottom on the radio station's photocopying machine and encouraged listeners to do the same – host invited listeners to exchange photocopies with him via facsimile – allegedly in breach of good taste and decency, law and order and responsible programming Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – hosts' actions were inoffensive and harmless – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Pirates breakfast show, broadcast on Radio Hauraki at 7....

Decisions
Burne-Field and NZME Radio Ltd - 2020-040 (14 September 2020)
2020-040

The Authority has upheld a complaint that comments made by Mike Hosking during his ‘Mike’s Minute’ segment were misleading in breach of the accuracy standard. Mr Hosking made statements referring to death-rate statistics in Italy related to COVID-19, including that ‘99. 2% percent died with underlying health issues. In other words, the very things that were killing them anyway, at over 1,600 per day’. The Authority found the comments were misleading as the broadcaster conflated its own conclusions, drawn from a study into Italy’s COVID-19 figures, with the figure of 1,600 deaths per day, which was based on 2018 population data and ignored both cause of death and the notion of ‘excess mortality’. In this respect, the Authority emphasised the importance of data literacy among broadcasters and journalists, to ensure statistics are not misinterpreted or misrepresented....

Decisions
Hagger and The Radio Network Ltd - 2014-074
2014-074

Summary [This summary does not form part of the decision. ]Following news of Kim and Mona Dotcom’s marriage breakup, the Hauraki Breakfast Show featured a satirical interview with a sex therapist. The Authority did not uphold the complaint that this was offensive and in bad taste, and unsuitable for broadcast at 8. 35am. The content was typical of Radio Hauraki and would not have unduly surprised or offended regular listeners. Not Upheld: Good Taste and DecencyIntroduction[1] In the wake of Kim and Mona Dotcom’s marriage break-up, three hosts on the Hauraki Breakfast Show interviewed a ‘sex therapist’ on the issue of what they described as ‘big on small sex’. The ‘sex therapist’ was apparently not a real doctor, but playing the part in a scripted satirical skit. The discussion was broadcast at 8. 35am on Radio Hauraki on 19 May 2014....

Decisions
Marr & Robinson and NZME Radio Ltd - 2018-080 (16 January 2019)
2018-080

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

Decisions
Collie and NZME Radio Ltd - 2021-008 (15 July 2021)
2021-008

During Mike Hosking Breakfast on Newstalk ZB, Mike Yardley (standing in for Mr Hosking) briefly mentioned the flouting of COVID-19 rules by two named Sky News UK journalists and stated: ‘veteran journalist Adam Boulton is also involved in this’. The Authority did not uphold a complaint the broadcast breached the accuracy standard by misleading listeners to believe Mr Boulton was one of those who flouted the rules. The Authority acknowledged that, without further clarification, the broadcast may have created that impression. However in all the circumstances the potential harm in a New Zealand broadcasting context was not at a level justifying regulatory intervention. Not Upheld: 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
Williams and New Zealand Media and Entertainment - 2015-019
2015-019

Summary[This summary does not form part of the decision. ]During a discussion on Radio Sport's Crowd Goes Wild Breakfast show about the Black Caps' recent win over Bangladesh, one of the hosts said that anyone who criticised cricketer Martin Guptill could 'take your criticism and ram it up your arse'. The Authority did not uphold the complaint that this comment was irresponsible and inappropriate for broadcast at a time when children were likely to be listening. The language used would not have unduly surprised or offended regular listeners taking into account audience expectations of the hosts' well-known style, and of Radio Sport. The segment was otherwise innocuous and was not targeted at children. Not Upheld: Responsible ProgrammingIntroduction[1] During the Crowd Goes Wild Breakfast show on Radio Sport, the hosts discussed the Black Caps' recent win over Bangladesh....

Decisions
Andrews and NZME Radio Ltd - 2019-060 (16 December 2019)
2019-060

A complaint that a radio host asking a caller ‘how Māori are you? ’ breached the discrimination and denigration standard has not been upheld. A broadcast of Afternoons with Andrew Dickens featured a discussion between Mr Dickens and a caller about Māori sovereignty, the Treaty of Waitangi and racism. During the discussion Mr Dickens asked the caller ‘how Māori are you? ’ The Authority found that while the comment was patronising, misinformed and likely to offend some listeners, it did not contain the level of condemnation required to constitute a breach of the discrimination and denigration standard and therefore any restriction on the broadcaster’s right to freedom of expression would be unjustified. Not Upheld: Discrimination and Denigration...

Decisions
Clarke and NZME Radio Ltd - 2021-120 (1 December 2021)
2021-120

The Authority has not upheld a complaint about comments by Kate Hawkesby regarding Director-General of Health Dr Ashley Bloomfield. Hawkesby made several comments about Dr Bloomfield, alleging he has underperformed in the response to the COVID-19 pandemic. The Authority found the fairness standard was 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 commentary. Not Upheld: Fairness  ...

Decisions
Johnson and NZME Radio Ltd - 2022-143 (7 March 2023)
2022-143

The Authority has not upheld a complaint concerning comments by the host of Newstalk ZB’s Overnight Talk responding to a listener’s question about what you should/should not include on your CV. The complainant considered the host’s references to ‘neo-Nazi dress-up parties’ and being a fan of the Ku Klux Klan as examples of ‘things you wouldn’t want to put on your CV’ were offensive and ‘almost glorifying’ of Nazis. The Authority did not consider the comments glorified Nazis, and found in the context the comments did not seriously threaten community standards of taste and decency and would not have disproportionately offended the audience. Not Upheld: Offensive and Disturbing Content...

Decisions
Nixey and NZME Radio Ltd - 2020-037 (24 August 2020)
2020-037

The Authority has not upheld a complaint that a satirical segment would have been offensive to Christians. The segment was an imagined promo for reality show The Block, set in Jerusalem and featured contestants who shared the names of biblical figures, including Jesus, Mary, Joseph, Thomas and Judas. The promo was broadcast on Good Friday. The Authority did not consider the broadcast’s content would have unduly offended or distressed the general audience, and it did not reach the high threshold necessary for finding it encouraged the denigration of, or discrimination against, Christians as a section of the community. The broadcast did not cause actual or potential harm at a level which justified limiting the right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Mee and The Radio Network Ltd - 1999-190
1999-190

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

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
Pearce and NZME Radio Ltd - 2020-109 (28 January 2021)
2020-109

The Authority did not uphold an accuracy complaint about Mike Hosking’s comments on the COVID-19 testing regime during his ‘Mike’s Minute’ segment on Newstalk ZB. The complaint was that the segment was inaccurate and misleading, for example by suggesting the Prime Minister was encouraging COVID-19 testing to scare the public and as a political ploy. The Authority found the statements made by Mr Hosking were expressions of his own opinion and analysis to which the accuracy standard did not apply. Not Upheld: Accuracy...

Decisions
Montgomery and The Radio Network Ltd - 2004-191
2004-191

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Coast radio station – broadcast of song entitled “Puha and Pākehā” – allegedly encouraged denigration of PākehāFindings Principle 7 and Guideline 7a (denigration) – clearly humorous – not denigratory of Pākehā – not upheld This headnote does not form part of the decision. Broadcast [1] At around 5. 15pm on 5 October 2004, Coast radio station in Auckland broadcast a song entitled “Puha and Pākehā”, recorded by Rod Derrett in the 1960s. [2] The song was a light-hearted tale of Pākehā in early New Zealand being eaten by Māori, and included the following lyrics: I don’t give a hangi for the Treaty of Waitangi, You can’t get fat on that – give me some Puha and Pākehā....

Decisions
Hildreth and The Radio Network Ltd - 1998-065
1998-065

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-065 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by H C HILDRETH of Waiuku Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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