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The Authority has not upheld a complaint under the accuracy standard about a Newstalk ZB news item reporting Israel’s bombing of a Gaza City school and included an academic’s perspective on the incident. The complainant argued the broadcast was misleading by not mentioning that the school was (according to Israel) a Hamas command post and therefore a ‘legitimate target’, and by including the academic’s comments. The Authority found the academic’s comments were analysis, comment, or opinion to which the standard does not apply. It also found that choosing to not include Israel’s rationale for the bombing was a matter for the broadcaster’s editorial discretion. The broadcast was not materially inaccurate, and did not give a wrong idea or impression of the facts. Not Upheld: Accuracy...

The Authority has not upheld a complaint concerning an election programme for the National Party. The complainant considered the programme misled the public by giving ‘the impression’ the National Party’s policies would support public services, which was in ‘direct contradiction to their proposed policies’. The Authority considered listeners would have understood the programme as a typical advertisement for the Party, encouraging the public to vote for National. By their nature, such programmes are not factual and are often hyperbolic vehicles for advocacy. Further, it is not the Authority’s role to analyse the likely implications of any Party’s policies (which are not quantified promises, guarantees, or statements of fact), and listeners are able to form their own views about any given policy with reference to the broad range of available media coverage and other publicly available information. Not Upheld: Election Programme Advocacy – Distinguishing Factual Information from Opinion or Advocacy...

The Authority has not upheld a complaint about comments made by a caller on Newstalk ZB’s Tim Roxborogh show. The caller was explaining why he ‘fell out of love with Cuba’ and expressing disbelief that a place so close to the United States could be characterised by what he described as ‘poverty and the sheer nothingness of everything’, also saying, ‘you’re not in Africa… you are 90 miles from America’. The complaint was that this remark equated the entire African continent and its people with poverty, was discriminatory, and was not challenged by the host. The Authority acknowledged the complainant’s concerns, but found the passing reference by a caller did not reach the high threshold for a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]During The Devlin Radio Show, host Martin Devlin was forcefully outspoken about an abusive text message he had received from the complainant, TF. Mr Devlin read out the complainant’s mobile phone number multiple times and phoned the complainant on air while making abusive comments about them. The Authority upheld a complaint that Mr Devlin breached the complainant’s privacy. While the Authority did not condone the strongly-worded text message initially sent to Mr Devlin, Mr Devlin’s response was disproportionate and unprofessional, even in the context of the robust talkback radio environment. The complainant had a reasonable expectation of privacy in relation to their personal mobile number, and Mr Devlin’s comments amounted to a sustained and personal attack against the complainant, making use of private information to personalise the abuse and implicitly encouraging harassment of TF....

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

The Authority has not upheld a complaint that action taken by NZME Radio Ltd was insufficient, after the broadcaster upheld a complaint under the discrimination and denigration standard about the use of the phrase ‘you’d have to be on the spectrum’ on Newstalk ZB’s Heather du Plessis-Allan Drive programme. As part of a discussion about the ‘political week that was’, political reporter Barry Soper commented, ‘you would have to be on the spectrum to go out there and vote for them [Te Pāti Māori]’, which the complainant considered was discriminatory towards people with autism. The Authority found the broadcaster’s decision to uphold the complaint, apologise to the complainant, and counsel du Plessis-Allan and Soper on the importance of considering the potential offence and impact of comments on sections of the community, was sufficient in the circumstances. Not Upheld: Discrimination and Denigration (Action Taken)...

The Authority has not upheld complaints that comments made during Early Edition with Kate Hawkesby allegedly downplayed the severity of ex-Tropical Cyclone Gabrielle and associated warnings and safety measures, in breach of several broadcasting standards. The broadcast occurred during the early stages of ex-Tropical Cyclone Gabrielle, and featured Hawkesby and Mike Hosking remarking, among other things, that people ‘love the panic’, had become ‘soft’ and there was no reason for ‘this level of hysteria’. The Authority considered the comments were dismissive of the weather event and insensitive to those already suffering the consequences of Gabrielle....

The Authority has not upheld a complaint that a replay of a broadcast of Brad and Laura on The Hits breached the promotion of illegal or serious antisocial behaviour standard by presenting the action of running over ‘carpark savers’ as humorous. The show discussed the issue of people standing in carparks to save them for other people, and featured interaction with listeners in response to this, which included the suggestion of running over people saving carparks. Overall the Authority did not consider the likely impact of this programme would be to encourage the audience to actually run over ‘carpark savers. ’ The audience would have understood the hosts’ reaction of giving a caller who made this suggestion a prize was merely an appreciative response to their joke, which was clearly hyperbole and intended to be humorous. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

Summary[This summary does not form part of the decision. ]Several weeks before Waitangi Day, during Mike’s Minute on Newstalk ZB, host Mike Hosking made comments critical of Ngāpuhi leader Kingi Taurua and his stance on the Trans-Pacific Partnership. Mr Hosking also suggested that the Prime Minister should ‘flag Waitangi’ because it is an ‘annual ritual of abuse and anger and ignorance’. The Authority did not uphold a complaint alleging that the item encouraged discrimination against Māori and Ngāpuhi and was unbalanced. While the Authority recognised that Mr Hosking’s comments could be considered by some to be insensitive, they were clearly his opinion and protected under the right to freedom of expression. The comments were not framed as reflecting on Māori generally and did not reach the high threshold necessary to encourage discrimination or denigration....

The Authority has not upheld a complaint about a segment during Days with Lorna Subrtizky on Coast FM discussing Sylvester Stallone’s recent divorce. As part of the segment, the host joked, ‘When he was interviewed about it, Sly Stallone had this to say…’ and played a clip of Stallone garbling unintelligibly, with only the word ‘Rocky’ able to be made out. The complainant considered this to be a cruel and insensitive joke which made fun of Stallone’s (and by implication, others’) disability affecting his speech, in breach of the discrimination and denigration standard. The Authority found the joke was directed only at Stallone as an individual, and did not extend to a section of the community as required under the standard. In any event, the broadcast would not have reached the threshold required for finding a breach.   Not Upheld: Discrimination and Denigration...

Summary [This summary does not form part of the decision. ]The hosts of the Jay, Flynny and Zoe Marshall show made comments that Chihuahuas look like ‘ball bags’ and ‘a scrotum with four legs’. The Authority did not uphold the complaint that these comments breached standards of good taste and decency. They were clearly intended to be humorous, and while children could have been listening at 3. 25pm, they would not have offended most listeners taking into account relevant contextual factors, including the station’s target audience and the expectations of regular listeners. Not Upheld: Good Taste and Decency Introduction[1] During the Jay, Flynny and Zoe Marshall show, the hosts commented on a listener’s text message about their pet Chihuahua, saying, ‘[Chihuahuas] are like a little skin ball bag thing, aren’t they…? ’, and, ‘They are a scrotum with four legs, those dogs’....

The Authority has not upheld a complaint a segment on the Fletch, Vaughan & Hayley morning show breached the discrimination and denigration standard. In the broadcast, the hosts made several jokes and innuendos about the name of Irish airline Aer Lingus and one host, putting on an Irish accent, stated ‘on the menu today, we have potatoes’. The complainant considered the jokes to be offensive to Irish people and culture, and to amount to racism. The Authority acknowledged the jokes had the potential to offend, but did not uphold the complaint, finding the jokes did not meet the threshold for a breach under the discrimination and denigration standard as they were unlikely to encourage the different treatment of Irish people to their detriment, devalue the reputation of Irish people, or embed negative stereotypes. Not Upheld: 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...

The Authority has not upheld a complaint about comments made during Perspective with Heather du Plessis-Allan on Newstalk ZB regarding the New Zealand Police’s decision to continue with charges against Ms Z, the woman involved in the Jevon McSkimming case. The complaint was that the comments – including labelling their relationship an ‘affair’, saying Ms Z was ‘not innocent’, and referencing ‘bunny-boiler behaviour’ – demonstrated classic ‘victim blaming’, minimised and misrepresented Ms Z’s experience, and were unbalanced and unfair. The Authority considered the segment overall was consistent with well-established audience expectations, and any potential offensiveness or unfairness arising from some of the comments did not outweigh the right to freedom of expression or the public interest. The Authority also found the comments were either clearly opinion or not materially inaccurate and not required to be balanced in the context....

The Authority has not upheld a complaint about comments made by the presenter of Heather du Plessis-Allan Drive regarding a suggestion by a representative of The New Zealand Initiative that New Zealand’s car seat regulations should be relaxed to increase birth rates (with reference to a United States study, ‘Car Seats as Contraception’). The presenter said, ‘And here’s the really challenging thing. Car seat regulations, they reckon might save about 60 children from dying in car crashes in a year across the [United] States, but they stop 8,000 families from having babies. So, you save 60, but you don’t have another 8,000. Maybe you’re better off having the 8,000 and losing the 60 – hey, I said it was going to challenge you. ’ The complaint was that the presenter’s tone and comment was ‘appalling’ and suggested ‘losing 60 kids was not a bad deal’....

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 which allegedly featured ‘gendered and vulgar’ language on Heather du Plessis-Allan Drive. The presenter suggested the Prime Minister needed to grow ‘a bigger set of balls’ in response to his handling of the resignation of cabinet minister Andrew Bayly. The Authority concluded the presenter’s language, while provocative, was unlikely to cause widespread undue offence or distress among the audience. Not Upheld: Offensive and Disturbing Content ...

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM – host discussed a television item that had contained an interview with Ray Spring – host made various statements about Mr Spring and told listeners where to find his home address in the White Pages – allegedly in breach of law and order, privacy, balance and fairness standards Findings Principle 3 (privacy) – item disclosed complainant’s name and effectively disclosed his address in a manner that was highly offensive – no legitimate public interest in the disclosure – upheld Principle 5 (fairness) – item breached standards of privacy which was also unfair – item encouraged listeners to harass the complainant – upheld Principle 2 (law and order) – item did not encourage listeners to break the law – the host’s comments were not sufficiently explicit to promote, condone or glamorise criminal activity – not upheld Principle 4 (balance) – item did not discuss a controversial…...

Summary[This summary does not form part of the decision. ]An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle. The Authority did not uphold a complaint alleging that the item was distasteful. Taking into account contextual factors such as the adult target audience of Coast FM and that the item was a brief and straightforward report, the broadcast did not threaten current norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle....