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While filling in on Magic Talk’s Magic Mornings, John Banks discussed former CEO Grainne Moss’s departure from Oranga Tamariki. One talkback caller made comments which were endorsed by Mr Banks. MediaWorks found these were denigrating towards Māori and breached the good taste and decency and discrimination and denigration standards. The Authority upheld a complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. It found the comments were foreseeable in the broadcast environment MediaWorks had created. Upheld: Good Taste and Decency (Action Taken), Discrimination and Denigration (Action Taken) Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $3,000 costs to the Crown...

Interlocutory decision on production of full programme of Magic Mornings with John Banks (in for Peter Williams) broadcast on 26 January 2021 on Magic Talk Radio. Order to supply broadcast material (section 12 of the Broadcasting Act 1989 and section 4C Commissions of Inquiry Act 1908)...

Summary[This summary does not form part of the decision. ]A segment on Polly & Grant for Breakfast featured the hosts reading out and discussing a list of countries referred to as ‘the last places on Earth with no internet’. The list was long and included countries such as India, Indonesia, Zimbabwe, Ghana, Guatemala and Nicaragua. The list was evidently sourced from an online article that contained relevant information about the countries listed having internet user penetration rates of less than 20%. That information was omitted during the broadcast, and created an impression that the countries listed had no internet. The Authority nevertheless did not uphold a complaint under the accuracy standard. The Authority noted that the accuracy standard only applies to news, current affairs or factual programming and found that it did not apply to this light-hearted, entertainment-based programme....

Summary[This summary does not form part of the decision. ]The Breeze ran a competition in which listeners were invited to nominate an individual they felt to be deserving of a shopping spree. The programme hosts spoke to a woman (G) on air about her nomination of her friend (N), whom she described as just having left a ‘potentially abusive relationship’. The Authority upheld a complaint from N’s husband, LN, that the broadcast breached his privacy. The Authority found that LN was identifiable due to a combination of identifying features disclosed within the broadcast and readily accessible information outside of the broadcast. It considered the allegations of a potentially abusive relationship and other intimate details of the relationship were highly sensitive and personal, and clearly carried the quality of private information. The disclosure of such information would be highly offensive to an objective reasonable person....

A segment on Magic Afternoons with Leah Panapa and Danny Watson on 1 July 2021 touched on the topic of Jewish people in Hollywood and included the comment ‘Hollywood was run by Jewish people. ’ The broadcaster conceded the comments made by the hosts ‘reflected a trope evoking prejudicial ideas’ and upheld a complaint under the discrimination and denigration standard. The Authority found the comments had the potential to affirm, further embed and spread negative stereotypes, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach. Not Upheld: Discrimination and Denigration (Action Taken)...

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...

Summary [This summary does not form part of the decision. ]In an election advertisement for the National Party, John Key referred to ‘Labour, The Greens and Dotcom’. The Authority did not uphold the complaint that the reference to ‘Dotcom’ was misleading because there was no ‘Dotcom Party’. The advertisement did not explicitly refer to any ‘Dotcom Party’, Kim Dotcom has been a prominent figure in the election, and most listeners would have understood it to be a reference to the Internet Party, and that political party advertising is broadcast in the context of a robust political arena in the lead-up to a general election. Not Upheld: Election Programmes Subject to Other Standards (Accuracy)Introduction[1] An advertisement for the National Party was broadcast on Radio Live on 15 September 2014. The advertisement stated: What have we learnt in this election?...

The Authority has upheld a complaint that the action taken by MediaWorks in response to a breach of the alcohol standard during The Morning Rumble was insufficient. The Authority agreed that the item, which focussed on an interviewee’s ability to ‘down’ alcohol at a rapid rate, amounted to alcohol promotion that was socially irresponsible. While the broadcaster had apologised to the complainant, and communicated the importance of the alcohol standard internally to content directors of The Rock FM, the Authority found that this was insufficient to remedy the harm caused by the broadcast. Upheld: Alcohol (action taken) Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $1,000 costs to the Crown...

A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying....

The Authority has not upheld a complaint about an interview between Magic Talk host Ryan Bridges and World Health Organisation Special Envoy Dr David Nabarro. The complainant argued the interview contained inaccurate information about Sweden’s approach to COVID-19 and mask wearing, and inaccurately suggested Dr Nabarro advocated New Zealand adopt Sweden’s approach. The Authority found the relevant statements were comment, analysis or opinion to which the accuracy standard does not apply. It also concluded they were not materially inaccurate or misleading in the context of the interview. The standards of good taste and decency, balance and fairness either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Balance, Fairness...

The Authority has not upheld a complaint concerning an election programme for the National Party. The complainant considered the programme’s statement “only a party vote for National can change the government’” was misleading as ‘voting for National could change the government but it’s not the only way to change the government. ’ The Authority considered listeners would have understood the statement to be advocacy or opinion rather than fact, encouraging the public to vote for National, and that there are a number of other parties that could be voted for. Not Upheld: E2: Election Programme Advocacy – Distinguishing Factual Information from Opinion or Advocacy...

Summary [This summary does not form part of the decision. ] During Talkback with Karyn Hay and Andrew Fagan, the host Mr Fagan made comments about a regular caller, the complainant, who went by the name of ‘Alex’. He said ‘back in 17-something… I’d meet him on the beach as the sun came up and I’d potentially kill him or let him kill me in a duel’. The Authority did not uphold the complaint that the host had made a ‘veiled death threat’ against the complainant. It was clear the host was not making a serious death threat, but was using provocative, metaphorical language to express his strong views about the complainant. Not Upheld: Law and Order, Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Karyn Hay and Andrew Fagan, Mr Fagan made comments about a regular caller who went by the name of ‘Alex’....

The Authority has not upheld a complaint about comments made on The Edge Full Noise Workday in support of free emergency contraceptive pills being handed out at an Olivia Rodrigo concert during her North American tour. In the context, the comments were considered unlikely to cause widespread disproportionate offence or distress or undermine widely shared community standards. With regard to the promotion of illegal or antisocial behaviour standard, the Authority noted that such contraceptive pills are a legal medication in New Zealand and their use is not considered ‘serious antisocial behaviour’ as contemplated by the standard. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour...

A Today FM news bulletin featured an item reporting on pro-trans demonstrations at an Auckland event where ‘anti-trans rights activist’ Posie Parker had been scheduled to speak. The complainant considered the item’s description of Parker as an ‘anti-trans rights activist’ rather than a ‘women’s rights campaigner’ was in breach of the fairness, balance, accuracy and discrimination and denigration broadcasting standards. The Authority found that, given Parker’s views, the description ‘anti-trans rights activist’ was not unfair given its literal accuracy. The balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ the issue and, in any event, listeners were alerted to alternative viewpoints in the item. The discrimination and denigration and accuracy standards were not breached. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

Summary[This summary does not form part of the decision. ]Hosts on The Morning Sound radio show discussed the news that the Tui Brewery at Mangatainoka had made a number of workers redundant. The hosts commented that the Brewery was where the ‘pretty’ and ‘hot girls’ worked and expressed their concern about them being ‘laid off’, making comments such as, ‘All the pretty girls are going. . . ’, ‘I hope they don’t get rid of any of the hot girls’, and ‘I don’t know if I can drink the beer if it’s not had the ladies’ touch. ’ The Authority did not uphold a complaint that this discussion was denigrating or discriminatory towards any female workers made redundant, or to women generally. The hosts were clearly referring to a series of satirical Tui television advertisements, which depicted the Mangatainoka Brewery as being run by women....

Summary [This summary does not form part of the decision. ]During MORE FM Breakfast the hosts discussed ‘age-appropriate’ movies and invited callers to phone in and tell them what movies they watched ‘before they should have’. The Authority did not uphold the complaint that the programme’s treatment of ‘underage viewing’ breached the law and order standard. Personal anecdotes were standard fare for breakfast radio shows, and reasonable listeners would not have taken the programme as a serious encouragement to break the law or to allow young children to watch unsuitable films. Not Upheld: Law and OrderIntroduction[1] During MORE FM Breakfast the hosts talked about the animated film Frozen, and one host commented he did not think the film was targeted at ‘middle-aged men’....

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Summary [This summary does not form part of the decision. ] During Talkback with Sean Plunket, one caller expressed views opposing drilling including the fact drilling resources were sent to China who manufactured it into ‘crap’. Later in the programme, the host sarcastically referred back to the caller’s comments, referring to the ‘Damn Chinese’. The Authority did not uphold the complaint that his comments were offensive and disrespected Chinese people. The host was being sarcastic, and was actually defending China, not being derogatory. In any case the comments did not carry any invective and did not encourage the denigration of, or discrimination against, Chinese people. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Sean Plunket, one topic of discussion was proposed offshore drilling in Taranaki....

Summary [This summary does not form part of the decision. ]In a ‘Showbiz news’ segment on MORE FM Breakfast, a joke was made about the marriage breakup of Kim Dotcom and his wife. The Authority did not uphold the complaint that the joke breached standards of good taste and decency. It was light-hearted and humorous and typical of breakfast radio, and the Dotcoms could reasonably expect some coverage of their breakup. Not Upheld: Good Taste and DecencyIntroduction[1] In the ‘Showbiz news’ segment on MORE FM Breakfast, one of the hosts made a joke about the marriage breakup of Kim Dotcom and his wife. The comments were broadcast on MORE FM on 19 May 2014 at 7. 30am. [2] Colin Foster made a formal complaint to MediaWorks Radio Ltd (MediaWorks), arguing that the comments were inappropriate for a public media platform....

Summary[This summary does not form part of the decision. ] During Afternoon Talk with Wendyl Nissen, Ms Nissen interviewed Police Association President, Chris Cahill. Mr Cahill discussed a recent survey which indicated an increase in police being threatened by firearms. Mr Cahill expressed his views on the potential causes of this increase, the links between the increase and the increase of methamphetamine in New Zealand, the arming of police officers, the use of MSSA (military-style, semi-automatic) firearms, and firearm registration. The Authority did not uphold two complaints that the interview breached the balance standard. The Authority found that the broadcast was a light-touch interview, albeit on a serious topic, which created an audience expectation that the interview was approaching the firearms issues from Mr Cahill’s perspective and that it did not purport to be an in-depth balanced examination of the issues raised....