Search Rapua

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Thomas the Tanked Engine – use of the word “faggot” – allegedly in breach of social responsibility Findings Principle 7 (social responsibility) and guideline 7a (denigration) – threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called Thomas the Tanked Engine, broadcast on Radio Hauraki’s Breakfast Show on 29 October 2007, the word “faggot” was used by the character Thomas. The following exchange took place between the characters Thomas and Percy: Thomas: Look Percy, there are the two key members of “King”. Percy: Queen. Thomas: Faggot. Percy: No Thomas, they’re (indistinct), oh never mind. . . Complaint [2] Michael Botur made a formal complaint to The Radio Network (TRN), the broadcaster, alleging that the character’s use of the word “faggot” was in breach of social responsibility standards....

The Authority declined to determine a complaint about an item on Hauraki Drive with Thane Kirby, which alleged that Mr Kirby made a comment suggesting COVID-19 contact-tracing information could be used to contact attractive women. There was an issue with identifying the correct time of broadcast, and the broadcast complained about was not retained by the broadcaster, despite the complainant signaling she would be taking the matter further with the Authority. The Authority also noted the broadcaster should have responded early to the complainant so that she had an opportunity to resubmit her complaint within the required timeframe. Without being able to listen to the actual words used in the broadcast, the tone, and the surrounding context, the Authority concluded it must decline to determine the complaint, which it recognized was a very unsatisfactory outcome....

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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Complaint received by broadcaster 21 working days after the broadcast – broadcaster declined to consider as a formal complaint – issue as to Authority’s jurisdiction to consider complaintFindingsSection 6(2) of the Broadcasting Act states that complaints must be “lodged in writing with the broadcaster” within 20 working days after the broadcast – broadcaster was not obliged to consider complaint – Authority has no jurisdiction to consider complaintThis headnote does not form part of the decision. Background [1] Nilanka Fonseka wrote a letter of complaint to The Radio Network Ltd (TRN) about comments broadcast on 6 February 2006 on ZM radio (90. 9FM). [2] The complaint was received by TRN on 7 March 2006. TRN declined to accept his complaint as a formal complaint, as it had arrived “outside the 20 days allowed since the broadcast to qualify as a formal complaint”....

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....

Complaint under section 8(1C) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – on the face of it the game perpetuated racial stereotypes – however the outcome as broadcast demonstrated flaws in stereotyping – attempt at humour and satire – freedom of expression outweighed potential harm caused – contextual factors – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage the denigration of, or discrimination against, any of the groups referred to as sections of the community – guideline 7a provides exemption for humour and satire – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society....

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....

A segment on Simon Barnett & James Daniels Afternoons discussed that day’s COVID-19 media conference announcing the likely use of vaccination certificates. The complainant stated the segment breached the accuracy standard as the interviewee indicated there was no detail provided regarding when the certificates would be used, despite the Government providing an indicative date of ‘November’ in the earlier conference. The Authority did not uphold the complaint, finding the segment was materially accurate. In any event, an interview in a later programme on the channel was sufficient to clarify and correct any misleading impression which may have been created. Not Upheld: Accuracy...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Breakfast Show – host joked “Who wants to stick their finger up Dean’s arse? ” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – humour used to convey important message about men’s health to target audience – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Breakfast Show, broadcast on Radio Hauraki between 6am and 9am on Tuesday 14 June 2011, one of the hosts Dean stated, “Alright, so the call is going to go out this morning for a doctor for Men’s Health Week”, and his co-host Nick joked, “Who wants to stick their finger up Dean’s arse?...

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989D’Arcy Waldegrave Drive – host and producer referred to rugby players as “Jesus” and “God” – allegedly in breach of standards relating to good taste and decency, discrimination and denigration, and responsible programmingFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – use of “Jesus” and “God” to compliment rugby players would not have offended or distressed most listeners in context – comments did not carry any invective and did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During D’Arcy Waldegrave Drive on Radio Sport, the host and producer discussed the selection of the All Blacks training squad, including a rookie, Steven Luatua, who played for the Auckland Blues....

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...

The Authority has not upheld two complaints about Mike Hosking’s statement on Mike Hosking Breakfast that the Duchess of Sussex was a ‘shallow, self-absorbed, attention-seeking, woke bandwagon-riding hussy’. The Authority found it was not likely to cause widespread, undue offence in the context. Although the discrimination and denigration standard applied, as the word ‘hussy’ may refer to and reflect upon women as a section of society, the comments did not meet the threshold justifying regulatory intervention. Not upheld: Good taste and decency, discrimination and denigration...

The Authority has declined to determine an accuracy complaint about a news bulletin referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

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...

A news bulletin on Newstalk ZB reported on the upcoming speaking tour of New Zealand by Posie Parker. The complainant considered the item’s portrayal of Parker (including through its tone and description of Parker as an ‘anti-trans rights activist’ and a ‘trans-exclusionary speaker’ rather than a ‘women’s rights campaigner’) was in breach of the balance, fairness, accuracy and discrimination and denigration broadcasting standards. The Authority found the balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ a controversial issue of public importance and, in any event, listeners would have been aware of alternative viewpoints. The Authority also found, given Parker’s views, the descriptions ‘anti-trans rights activist’ and ‘trans-exclusionary speaker’ were fair and accurate. The discrimination and denigration standard did not apply. Not Upheld: Balance, Fairness, Discrimination and Denigration, Accuracy...

The Authority has not upheld a complaint about the title of a segment ‘tradie versus lady’ on ZM’s Bree and Clint. While the Authority agreed with the complainant the title may be sexist and outdated, it did not encourage discrimination and denigration in breach of the standard. Not Upheld: Discrimination and Denigration...