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Lerner and New Zealand Media and Entertainment - 2016-039 (25 July 2016)
2016-039

Summary[This summary does not form part of the decision. ]During an editorial segment on KPMG Early Edition, host Rachel Smalley discussed the standing down of British Labour MP Naz Shah after accusations of anti-Semitism. Ms Smalley went on to question why criticism of Israel is often viewed as criticism of the Jewish faith, referring to comments she made during a broadcast in 2014 which were critical of Israel and the ‘abuse’ she received in response. The Authority did not uphold a complaint alleging that Ms Smalley’s reference to her previous comments was misleading – partly because she did not refer to the Authority’s finding that one of her previous statements was inaccurate – and that the item was unbalanced....

Decisions
Benge and NZME Radio Ltd - 2022-013 (11 April 2022)
2022-013

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for their position on the Government’s COVID-19 response saying ‘I want to be angry with you, but I just feel sorry for you, that you need a government to look after you. You sad pathetic creature. ’ The Authority found the caller was given a fair and reasonable opportunity to put forward their views, and McIvor’s comments, while seen as disrespectful by some listeners, did not reach the level necessary to constitute unfair treatment. The balance standard did not apply. Not Upheld: Fairness, Balance...

Decisions
Loder and NZME Radio Ltd - 2019-006 (20 May 2019)
2019-006

The Authority has not upheld a complaint that an interview broadcast on Newstalk ZB in December 2018, regarding a proposed Police seizure of military style semi-automatic weapons, was unbalanced and inaccurate. The Authority first found that a valid formal complaint had been lodged with the broadcaster (which was required before the complaint could be referred to the Authority), as sufficient information was provided by the complainant for the correct broadcast to be identified and for the broadcaster to respond to the issues raised. The Authority then determined the complaint, finding that balancing perspectives on the issue of Police seizure were presented during news items prior to and following the interview....

Decisions
Stokes and NZME Radio Ltd - 2016-045 (3 November 2016)
2016-045

Summary[This summary does not form part of the decision. ]During the Hauraki Breakfast Show, Deborah Stokes, mother of New Zealand-born English cricketer Ben Stokes, rang the studio to complain about what she considered to be unfair comments made by the hosts regarding her son, and to defend him. Mrs Stokes asked to speak with someone off air. Host Matt Heath assured Mrs Stokes she was off air, when in fact the conversation was being broadcast live on air. The Authority upheld a complaint that the action taken by NZME, having upheld Mrs Stokes’ complaint under the fairness and privacy standards, was insufficient. The broadcast, and particularly the hosts’ deceptive conduct, represented a significant breach of broadcasting standards and a lack of understanding of an individual’s fundamental right to fair treatment and to privacy....

Decisions
Baker and The Radio Network Ltd - 2004-034
2004-034

Complaint Radio Sport – host Doug Golightly told caller, “For Christ’s sake, piss off” – offensive – unfair Findings Principle 1 – context – not upheld Principle 5 – comment directed at caller – bad tempered – verging on breach – not upheld This headnote does not form part of the decision Summary [1] During a talkback session on Radio Sport on 13 December 2003, at about 10. 00am, the host Doug Golightly said to a caller, “For Christ’s sake, piss off”. [2] Chris Baker complained to The Radio Network Ltd (TRN), the broadcaster, that the language was offensive and the comment was unfair. [3] In response, TRN declined to uphold the complaint. It considered the attitude apparent and the language contained in the item were acceptable in the robust style of talk show hosted by Mr Golightly....

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
O'Leary and New Zealand Media Entertainment Ltd - 2020-009 (16 June 2020)
2020-009

A complaint regarding a comment made by radio host Chris Lynch in relation to a news report that Whakaari was going to receive a blessing in the wake of the fatal volcanic eruption has not been upheld. The Authority found that considering the relevant contextual factors, Mr Lynch’s comment ‘because that’s going to change everything isn’t it? ’ was unlikely to cause widespread undue offence or distress. The Authority also noted that, while the comment had the potential to offend some listeners, comments will not breach the discrimination and denigration standard simply because they are critical of a particular group, because they offend people, or because they are rude. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Miliša and NZME Radio Ltd - 2022-014 (11 April 2022)
2022-014

The Authority has not upheld a complaint about the statement ‘a review has found that the deaths of the two people who were isolating at home in Auckland with COVID were both preventable’ when the finding was that the deaths were ‘potentially preventable’. This would not have materially mislead listeners, noting the interviewee featured after these introductory comments stated the deaths were ‘potentially preventable’ and provided context and detail about the review. Not Upheld: Accuracy...

Decisions
Sturt and The Radio Network Ltd - 2006-038
2006-038

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – discussion about oil prices – guest referred to “thieving Arab bastards” – allegedly in breach of good taste and decency and denigrated ArabsFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld Principle 7 and Guideline 7a (denigration) – did not amount to blackening or hate speech – not upheldThis headnote does not form part of the decision. Broadcast [1] During a light-hearted exchange about what he regarded as the exorbitant cost of filling the petrol tank in his car, a guest on Radio Sport used the phrase “thieving Arab bastards”. The comment was broadcast at about 8. 30am on 31 March 2006. Complaint [2] Jack Sturt complained to The Radio Network Ltd, the broadcaster, that the use of the phrase was inexcusable....

Decisions
Campbell and The Radio Network Ltd - 2011-035
2011-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Listeners’ Choice Countdown – song titled “Killing in the Name” by Rage Against the Machine – broadcast at 9. 30am – contained the lyrics “Fuck you, I won’t do what you tell me” repeated 16 times, followed by the word “motherfucker” – allegedly in breach of standards relating to good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – song inadequately censored – excessive use of expletives would have significantly departed from audience expectations – upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 1No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Killing in the Name” by rock band Rage Against the Machine was broadcast during the Listeners’ Choice Countdown on Radio Hauraki at approximately 9. 30am on Thursday 17 February 2011....

Decisions
Godinet & Kay and NZME Radio Limited - 2020-101 (16 December 2020)
2020-101

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

Decisions
Vather and NZME Radio Ltd - 2022-056 (2 August 2022)
2022-056

The Authority has not upheld a complaint under the discrimination and denigration standard in relation to a segment on Jack Tame on Saturday Morning. The complaint alleged several comments made by a guest on the programme were racist, including that numerous Chinese and Indian climbers attempted to summit Mt Everest for kudos, and that many Nepalese tour companies had to compete for the bottom of the tourism market, by providing cheap tours and cutting corners. The Authority acknowledged the comments had the potential to cause offence, but found they did not meet the high threshold required for a breach of the standard.   Not Upheld: Discrimination and Denigration...

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
Smith and NZME Radio Ltd - 2017-042 (4 September 2017)
2017-042

Paula Rose declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] A panel segment during Larry Williams Drive discussed a recent High Court action brought by Phillip Smith against the Department of Corrections (Corrections), in which Mr Smith argued that his freedom of expression had been breached by Corrections staff preventing him from wearing his toupee. At the conclusion of the panel discussion, Mr Williams stated: ‘I say Janet, solitary confinement 24/7, dark room, with his toupee, with a little bit of waterboarding just to make it interesting’. The other panellists laughed, with one commenting, ‘You’re a hard man, Larry’....

Decisions
Mitchell and NZME Radio Ltd - 2016-027 (3 November 2016)
2016-027

Summary[This summary does not form part of the decision. ]During the Hauraki Breakfast Show Deborah Stokes, mother of New Zealand-born English cricketer Ben Stokes, rang the studio to complain about what she considered to be unfair comments made by the hosts regarding her son, and to defend him. Mrs Stokes asked to speak with someone off air. Host Matt Heath assured Mrs Stokes she was off air, when in fact the conversation was being broadcast live on air. The Authority upheld a complaint that the broadcast breached Mrs Stokes’ privacy. Mrs Stokes had a reasonable expectation that, in the circumstances, her phone call and the conversation would remain private. The recording and broadcast of her conversation, in circumstances where she had expressly asked for privacy was objectionable and would be highly offensive to an objective reasonable person in the complainant’s position....

Decisions
Gregory and NZME Radio Ltd - 2017-081 (2 November 2017)
2017-081

Summary[This summary does not form part of the decision. ]Following the broadcast of a Labour campaign advertisement on Radio Sport Weekender, presenter Mark Watson commented: ‘I like Jacinda Ardern’s optimism; I just want to know how you pay for it all. That’s all I want to know… if it’s that easy, I think everybody would have done it by now. ’ The Authority did not uphold a complaint that this comment amounted to alleged political editorialising, which was unacceptable and unprofessional. While listeners might not have expected the host to comment on political issues during a sports programme, this was an opinion open to the host to express, provided broadcasting standards were maintained....

Decisions
Singh and NZME Radio Ltd - 2020-089 (16 December 2020)
2020-089

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for his position on the Government’s COVID-19 response saying ‘For God’s sake, listen to you’, and ‘God you’re pathetic’. The Authority found Ms McIvor’s comments and approach were unlikely to undermine widely shared community standards or to have caused widespread undue offence or distress. Not Upheld: Good Taste and Decency...

Decisions
Neal and The Radio Network Ltd - 2014-041
2014-041

Summary [This summary does not form part of the decision. ]On two occasions, the presenters of the Hauraki Breakfast Show made comments about masturbation. The Authority did not uphold the complaint that the comments were unacceptable for broadcast at a time when children could be listening. The comments were consistent with the expectations of Radio Hauraki’s adult target audience, and would not have unduly surprised or offended regular listeners. Both items were light-hearted and intended to be humorous rather than offensive. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] In two separate items, the presenters of the Hauraki Breakfast Show made comments about masturbation. The first item was broadcast on 5 March 2014 at 7. 34am and the second item was broadcast on 27 March 2014 at 7. 50am....

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
Christie and The Radio Network Ltd - 2011-060
2011-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hauraki Amped – promotion for the chance to win a trip to Bangkok with reference to the film The Hangover Part II – stated “Hauraki’s going to send you and two mates to get your own hangover in Thailand” – allegedly in breach of standards relating to responsible programming and liquor FindingsStandard 9 (liquor) – brief reference to getting a “hangover” clearly related to The Hangover Part II film – did not amount to liquor promotion – not upheld Standard 8 (responsible programming) – comment acceptable in light of target audience – not upheld This headnote does not form part of the decision. Broadcast [1] Hauraki Amped, broadcast on Radio Hauraki at 11am on Sunday 1 May 2011, included an item promoting the chance to win a trip to Bangkok, the setting for the film The Hangover Part II....

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