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Decisions
Vernall and NZME Radio Ltd - 2021-021 (22 June 2021)
2021-021

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 While the Authority agreed with the complainant the title may be sexist and outdated, it did not encourage discrimination and denigration in breach of the standard.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...

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
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
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
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
Ryan and NZME Radio Ltd - 2017-005 (24 March 2017)
2017-005

Summary[This summary does not form part of the decision. ]An audio clip promoting the ZM radio station stated that ZM played ‘hit after hit after goddamn hit’. The Authority did not uphold a complaint that the phrase ‘hit after goddamn hit’ was offensive to those who hold Christian or other religious beliefs and contrary to children’s interests. The Authority acknowledged that use of the term ‘goddamn’ may have caused offence to some listeners. However, in this case it was used as part of the station’s promotional messaging for playing continuous music and was not dwelt upon. Taking into account the right to freedom of expression, and the context of the broadcast, the term ‘goddamn’ could not be said to have encouraged the denigration of, or discrimination against, all Christians or others who hold religious beliefs....

Decisions
Moore and The Radio Network Ltd - 2003-127
2003-127

ComplaintZM Breakfast – discussion involving evaluation of breast size with regard to career prospects – alleged soft porn – inappropriate for target audience FindingsPrinciple 1 & Guideline 1a – not offensive to target audience – no uphold This headnote does not form part of the decision. Summary [1] Between 9. 30 and 10. 30am on Wednesday 20 August 2003, the hosts of ZM Breakfast had a discussion on how breast size influenced women’s careers. After receiving a call from a young woman who related her employment experience, the hosts initiated a panel discussion asking three male employees of the station what they considered distracting about women’s breasts. [2] Richard Moore complained to The Radio Network Ltd, the broadcaster, that the discussion and panel interview, which he described as a "soft porn" broadcast, was inappropriate for the younger targeted listeners....

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
Johnston and NZME Radio Ltd - 2021-076 (15 September 2021)
2021-076

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that action taken by NZME was insufficient, after it upheld a complaint about language used in an interview on The Nutters Club. The interviewee told his story of overcoming drug addiction and offending, and now working to help others do the same. After saying, ‘Excuse all my language I use, too, it will get a little bit worse, it’s just how it is when you remember’, the interviewee used the words ‘fuck’, ‘shit’, and ‘arse’ (and variations of these) repeatedly. The Authority determined it would not have found a breach of the standards in the first instance, in the context of the broadcast....

Decisions
Findlay and NZME Radio Ltd - 2020-038 (28 September 2020)
2020-038

The Authority has not upheld a complaint that a station identity promo for Newstalk ZB news, which listed the names of the station’s flagship presenters followed by the tagline, ‘all the names you can trust’, breached the accuracy standard. The Authority found the accuracy standard did not apply, as this was clearly a piece of station branding or marketing (rather than a news, current affairs or factual programme) and the tagline was clearly promotional, rather than making a statement of fact. Not Upheld: Accuracy...

Decisions
Pearce and NZME Radio Ltd - 2020-109 (28 January 2021)
2020-109

The Authority did not uphold an accuracy complaint about Mike Hosking’s comments on the COVID-19 testing regime during his ‘Mike’s Minute’ segment on Newstalk ZB. The complaint was that the segment was inaccurate and misleading, for example by suggesting the Prime Minister was encouraging COVID-19 testing to scare the public and as a political ploy. The Authority found the statements made by Mr Hosking were expressions of his own opinion and analysis to which the accuracy standard did not apply. Not Upheld: Accuracy...

Decisions
TF and NZME Radio Ltd - 2016-063 (15 December 2016)
2016-063

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....

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
Makiri and NZME Radio Ltd - 2020-061 (16 November 2020)
2020-061

The Authority found it was appropriate to decline to determine a complaint about the mispronunciation of Māori place name ‘Matamata’ during a radio item on Newstalk ZB. While it recognised the importance of the proper pronunciation and use of te reo as an official New Zealand language, it noted concerns about unintentional mispronunciation cannot be properly addressed under the broadcasting standards. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration, Accuracy...

Decisions
LQ and New Zealand Media and Entertainment - 2016-059 (14 October 2016)
2016-059

Summary[This summary does not form part of the decision. ]During Overnight Talk on Newstalk ZB, the complainant had a conversation with the host about greyhound racing in which he defended the activity and the use of live bait. The host responded that the complainant was ‘pathetic’ and ‘a very sick person’, among other things. The Authority did not uphold a complaint that the host had offended the complainant on the basis of his Australian Aboriginal culture. The host’s comments to the complainant had no relation to his culture, and were not otherwise unfair. The comments were typical of the robust and opinionated nature of talkback radio, where callers can reasonably expect hosts to disagree with their views, sometimes in a strong and confrontational manner....

Decisions
Sharman and New Zealand Media and Entertainment - 2016-026 (27 June 2016)
2016-026

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....

Decisions
Downes, Penning, Maltby, Massie & Tang and NZME Radio Ltd - 2020-123 (24 February 2021)
2020-123

In a segment on the Mike Hosking Breakfast programme, the host interviewed the Prime Minister about the Government’s decision to extend the Level 3 lockdown restrictions on Auckland in August 2020. The Authority did not uphold the complaints. It recognised the value of robust political discourse in the media and the role of media in holding to account those in positions of power. Overall, it found no harm at a level justifying regulatory intervention. While some may have found Mr Hosking’s approach and comments distasteful, they did not go beyond what could be expected of an interview of this nature. Not Upheld: Fairness, Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Children’s Interests...

Decisions
Bell & Wolters and NZME Radio Ltd - 2021-036 (21 July 2021)
2021-036

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...

Decisions
McCullough and NZME Radio Ltd - 2020-008 (9 June 2020)
2020-008

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Montgomery and The Radio Network Ltd - 2004-191
2004-191

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Coast radio station – broadcast of song entitled “Puha and Pākehā” – allegedly encouraged denigration of PākehāFindings Principle 7 and Guideline 7a (denigration) – clearly humorous – not denigratory of Pākehā – not upheld This headnote does not form part of the decision. Broadcast [1] At around 5. 15pm on 5 October 2004, Coast radio station in Auckland broadcast a song entitled “Puha and Pākehā”, recorded by Rod Derrett in the 1960s. [2] The song was a light-hearted tale of Pākehā in early New Zealand being eaten by Māori, and included the following lyrics: I don’t give a hangi for the Treaty of Waitangi, You can’t get fat on that – give me some Puha and Pākehā....

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