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McAulay and Mediaworks Radio Ltd - ID2021-015 (19 April 2021)
ID2021-015

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)...

Decisions
Madden and MediaWorks Radio Ltd - 2016-055 (14 October 2016)
2016-055

Summary[This summary does not form part of the decision. ]During The Edge’s Smash! 20 countdown show, a caller successfully answered a series of questions based on the songs in the countdown and won a prize. While taking the caller’s personal details, the announcer left the phone channel in ‘on-air’ mode and inadvertently broadcast the caller’s full name, address, school, date of birth and mobile number. The Authority upheld a complaint that the broadcast breached the caller’s privacy. The caller was clearly identifiable and disclosed a high level of personal detail on air, over which she had a reasonable expectation of privacy. The Authority acknowledged the caller’s disclosure was the result of an unfortunate technical error on the announcer’s part, and that the broadcaster took immediate actions to respond to the breach. The Authority did not make any order in these circumstances. Upheld: PrivacyNo OrderIntroduction[1] During The Edge’s Smash!...

Decisions
Foster and MediaWorks Radio Ltd - 2014-072
2014-072

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....

Decisions
Hawthorne and MediaWorks Radio Ltd - 2015-097 (14 April 2016)
2015-097

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Talk with Willie and Alison, host Willie Jackson referred to a caller (who seemed to snore, rather than talk, on the other end of the phone) as ‘one of those crackers’. The Authority did not uphold a complaint alleging that the term ‘cracker’ was a racial slur which discriminated against white people and/or poor white people. The host did not appear to use the term in the way alleged by the complainant, but rather as a light-hearted reference to the caller’s state of mind, and could not be said to have encouraged discrimination against, or denigration of, white people and/or poor white people in this context....

Decisions
LN and MediaWorks Radio Ltd - 2016-016 (22 August 2016)
2016-016

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....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-017 (21 May 2018)
2018-017

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Decisions
ten Hove and MediaWorks Radio Ltd - 2020-044A (14 October 2020)
2020-044A

The Authority has not upheld a complaint about the use of the phrase ‘Jesus Christ’ during Magic Afternoons with Sean Plunket. Mr Plunket interviewed the Chief Executive of Universities New Zealand about the charging of holding fees for accommodation at university halls of residence during the COVID-19 lockdown period. At the end of the interview, Mr Plunket used the phrase, ‘Jesus Christ’, reacting to the interviewee’s responses before hanging up on him. Noting it has previously determined that the use of variations of ‘Jesus’ and ‘Christ’ as exclamations or expressions of frustration or surprise did not threaten community standards, the Authority did not find any breach of the good taste and decency standard in this case. Not Upheld: Good Taste and Decency...

Decisions
Te Whata and MediaWorks Radio Ltd - 2020-141 (31 March 2021)
2020-141

The Authority has not upheld a complaint about comments by Sean Plunket on his talkback programme regarding Christians and Christianity. While Mr Plunket made highly critical comments and expressed scepticism, this was not beyond audience expectations for a robust, opinionated programme and was unlikely to cause widespread offence. Equally, the comments were unlikely to encourage the discrimination or denigration of Christians. The Authority found callers in to the programme were treated fairly by Mr Plunket, given they had willingly phoned in to provide views on a discussion in which Mr Plunket was criticising the Christian faith, and were given the opportunity to express their own views. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Fairness, Violence, Accuracy, Balance...

Decisions
Marra and MediaWorks Radio Ltd - 2019-023 (18 July 2019)
2019-023

The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply....

Decisions
Brennan and MediaWorks Radio Ltd - 2015-029
2015-029

Summary[This summary does not form part of the decision. ]The hosts of the Jay-Jay, Mike and Dom show interviewed an eliminated contestant from The Bachelor about her experience on the show. At the end of the item, one of the hosts introduced the new 'Bachelorette game show' titled, 'What's your cucumber number? ' The premise was for contestants to put cucumbers into their mouths and bite down. Whichever contestant could bite down the farthest along the cucumber would be the winner. The Authority did not uphold the complaint that this was demeaning to women and unsuitable for children. The broadcast was not outside audience expectations of the station and breakfast radio shows generally, and the innuendo would have gone over the heads of most children....

Decisions
Lee and MediaWorks Radio Ltd - 2017-030 (24 July 2017)
2017-030

Summary[This summary does not form part of the decision. ] During a segment on Jay-Jay, Dom & Randell, the show’s hosts asked callers to submit a ‘corny joke’. A caller submitted the following joke: ‘What’s the hardest part about cooking a vegetable? Trying to fit the wheelchair in the pot. ’ Before the caller delivered the punchline, one of the hosts (who believed he knew the joke), asked his co-hosts to switch off their microphones so they could discuss it. The hosts also spoke to their producer, asking whether it was appropriate to air the punchline to the joke. After some deliberation, they decided to allow the joke to be broadcast. The hosts reacted to the punchline by saying, ‘No! No! That’s a terrible joke! ’ and ‘That’s not a joke! ’ The Authority did not uphold a complaint that the segment was in poor taste and discriminatory....

Decisions
Harrison and MediaWorks Radio Ltd - 2019-024 (18 July 2019)
2019-024

The Authority has not upheld a complaint that a segment of Dom, Meg and Randell breached the good taste and decency and children’s interests standards. The Authority found that, while comments made on the show may have been distasteful to some, the broadcaster’s right to freedom of expression includes the right to broadcast such material provided this does not cause undue harm. The Authority found that, given the well-established nature of the programme, the station and their target audience, listeners and particularly those with children in their care had sufficient information to make an informed decision about what they listened to. The Authority noted that the standards do not prohibit inexplicit sexual references or sexual innuendo during children’s normally accepted listening times, and it was likely that many of the references during this segment would have gone over the heads of child listeners....

Decisions
Kauie and MediaWorks Radio Ltd - 2019-085 (25 March 2020)
2019-085

A complaint that a segment on The Breakfast Club, on More FM, where the hosts made jokes and puns about a woman who died after being pecked by a rooster, breached the good taste and decency standard has not been upheld. The Authority found that, while the comments were insensitive and had the potential to cause offence to family of the deceased, the programme as a whole did not reach the threshold required to justify a restriction on the broadcaster’s right to freedom of expression. The Authority found that, considering the context of the item (including the target audience of More FM and the audience expectations surrounding The Breakfast Club and its hosts) and the tone of the item, the item did not undermine widely shared community standards and was unlikely to cause widespread undue offence or distress. Not upheld: Good taste and decency...

Decisions
Gill and MediaWorks Radio Ltd - 2023-097 (9 October 2023)
2023-097

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...

Decisions
Frost and MediaWorks Radio Ltd - 2019-025 (23 August 2019)
2019-025

The Authority has not upheld a complaint that comments made by Duncan Garner and Judith Collins on The AM Show breached the balance and law and order standards of the Radio Code of Broadcasting Practice. The Authority found that the comments identified did not amount to a discussion of a controversial issue of public importance, so the balance standard did not apply. The Authority also found that the broadcast did not breach the law and order standard as it did not contain any content which would have encouraged audiences to break the law. Not Upheld: Balance, Law and Order...

Decisions
Loder and Dennis and MediaWorks Radio Ltd - 2018-011 (8 May 2018)
2018-011

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....

Decisions
Absalom and MediaWorks Radio Ltd - 2023-030 (26 July 2023)
2023-030

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...

Decisions
McCabe and MediaWorks Radio Ltd - 2014-129
2014-129

Summary [This summary does not form part of the decision. ]The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The song included one muted use of the word 'fucking'. The Authority did not uphold the complaint that the item breached standards of good taste and decency as the word 'fucking' was not clearly audible and occurred only once in the song. Not Upheld: Good Taste and DecencyIntroduction[1] The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The opening lyrics of the song included one instance of the word 'fucking', which was partly muted. [2] Christine McCabe complained that the word 'fucking' was 'quite audible'. [3] The issue is whether the broadcast breached the good taste and decency standard of the Radio Code of Broadcasting Practice....

Decisions
Hashimoto and MediaWorks Radio Ltd - 2014-040
2014-040

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....

Decisions
Ahern and MediaWorks Radio Ltd - 2014-063
2014-063

Summary [This summary does not form part of the decision. ]During The Edge Afternoons with Guy, Sharyn and Clint the hosts ran a segment called ‘Shaz Dog’s Love Shack’, where listeners could text and call in to ask for advice on love and relationships. The Authority did not uphold the complaint that ‘a discussion of sexual positions’ breached standards. The segment was consistent with the style of content and humour regularly broadcast on The Edge, and was unlikely to surprise or offend the target audience of 15- to 39-year-olds. Most of the content was in the nature of sexual innuendo and would have gone over the heads of younger listeners....

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