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Decisions
Parlane and New Zealand Media and Entertainment - 2016-007 (14 April 2016)
2016-007

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....

Decisions
Clarke and NZME Radio Ltd - 2021-120 (1 December 2021)
2021-120

The Authority has not upheld a complaint about comments by Kate Hawkesby regarding Director-General of Health Dr Ashley Bloomfield. Hawkesby made several comments about Dr Bloomfield, alleging he has underperformed in the response to the COVID-19 pandemic. The Authority found the fairness standard was not breached as the comments were distinguishable as the opinion of the presenter and they did not result in Dr Bloomfield being treated unfairly. Given Dr Bloomfield’s high-profile position, he can reasonably expect to be the subject of robust commentary. Not Upheld: Fairness  ...

Decisions
Gregg and NZME Radio Ltd - 2022-070 (23 August 2022)
2022-070

The Authority has declined to determine a complaint alleging Weekend Collective breached the discrimination and denigration standard. The programme referred to protesters occupying Parliament grounds as ‘vermin’. In light of the Authority’s recent finding that the standard does not apply to the protesters, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration...

Decisions
Patterson and New Zealand Media and Entertainment - 2015-065
2015-065

Summary[This summary does not form part of the decision. ]During Jeremy Wells' 'Like Mike' skit on Hauraki Breakfast Regurgitated, in which he parodied radio and television presenter Mike Hosking, Mr Wells discussed the flag debate and his admiration for John Key. Imitating Mr Hosking's voice he said, 'I was pleasuring myself watching John Key on Parliament TV the other day, and, just when things were coming to a climax, they cut to [Labour leader Andrew] Little and I lost thickness immediately'. The Authority did not uphold a complaint that the comment breached standards of good taste and decency. The item was clearly satirical and intended to be humorous, and was consistent with audience expectations of Mr Wells, Mr Hosking, the programme and the radio station. The comments were inexplicit and in the nature of innuendo, and would have gone over the heads of most children....

Decisions
Lerner and New Zealand Media and Entertainment - 2016-039 (25 July 2016)
2016-039

Summary[This summary does not form part of the decision. ]During an editorial segment on KPMG Early Edition, host Rachel Smalley discussed the standing down of British Labour MP Naz Shah after accusations of anti-Semitism. Ms Smalley went on to question why criticism of Israel is often viewed as criticism of the Jewish faith, referring to comments she made during a broadcast in 2014 which were critical of Israel and the ‘abuse’ she received in response. The Authority did not uphold a complaint alleging that Ms Smalley’s reference to her previous comments was misleading – partly because she did not refer to the Authority’s finding that one of her previous statements was inaccurate – and that the item was unbalanced....

Decisions
Grant & Findlay and NZME Radio Ltd - 2021-117 (1 December 2021)
2021-117

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Balance, Accuracy...

Decisions
Tuck and NZME Radio Ltd - 2024-024 (22 May 2024)
2024-024

The Authority has not upheld a complaint that a segment of Fletch, Vaughan and Hayley discussing Ministry of Education guidelines for relationships and sexuality education breached the children’s interests standard. As part of the segment, the hosts indicated they wanted to talk about ‘the wild things that you were taught at sex ed. ’ The complainant considered the segment, which featured discussion of genitalia and how to use condoms, was inappropriate to air in the morning when parents were taking their children to school. The Authority found the segment was within audience expectations for the programme and the radio station, ZM, and the nature of the upcoming discussion was sufficiently signposted to allow parents or caregivers to exercise discretion over their children’s listening....

Decisions
Mitchell and NZME Radio Ltd - 2022-028 (21 June 2022)
2022-028

The Authority has not upheld a complaint that comments made by the hosts of The Big Show about touching their testicles when they were nervous and a school speech titled ‘The Dilworth Way’ breached the good taste and decency and children’s interests standards. The Authority found the comments were within audience expectations for the programme and the radio station, Radio Hauraki. In the context the hosts’ conversation was unlikely to cause widespread offence or adversely affect any children who happened to be listening (although they were not the target audience). Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Grant and NZME Radio Ltd - 2022-032 (6 July 2022)
2022-032

The Authority has not upheld a complaint about comments made by Mike Hosking on Mike Hosking Breakfast that he ‘can’t wait’ to be a close contact of a person with COVID-19, and that ‘there’s so much more fun to have’ in relation to the ‘Omicron experience. ’ The Authority found the comments did not breach the good taste and decency standard and were likely tongue-in-cheek, referring to the possible difficulties Hosking would face if working from home. Taking into account audience expectations of Newstalk ZB and Mike Hosking as a host, as well as the flippant, humorous nature of the comments, the Authority found they were unlikely to have caused widespread undue offence or distress or undermined widely shared community standards. Accordingly, they did not reach the threshold for regulatory intervention. Not Upheld: Good Taste and Decency...

Decisions
Foreman and NZME Radio Ltd - 2018-012 (18 April 2018)
2018-012

Summary[This summary does not form part of the decision. ]A segment on The Country featured the host interviewing The Right Honourable Jacinda Ardern not long after she began her term as Prime Minister. Towards the beginning of the interview the host asked the Prime Minister, ‘Do you wake up and say to yourself, “Holy shit! I’m Prime Minister! ” and have to pinch yourself? ’ The Authority did not uphold a complaint that the host’s comment breached community norms of good taste and decency and was discriminatory. Taking into account relevant contextual factors including low level of offensive language used, the light-hearted tone, and audience expectations, the broadcast did not threaten community norms of good taste and decency, or justify restricting freedom of expression....

Decisions
East and NZME Radio Ltd - 2023-088 (14 September 2023)
2023-088

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...

Decisions
Cycling Action Network and NZME Radio Ltd - 2021-092 (10 November 2021)
2021-092

The Authority has not upheld a complaint alleging Kerre McIvor’s comments regarding cyclists breached the discrimination and denigration, fairness and balance standards. The comments did not refer to a recognised section of society as required by the discrimination and denigration standard and would not have reached the high threshold required to breach the standard. The individuals referred to in the broadcast were not treated unfairly, and the fairness standard does not apply to cyclists as a group. The balance standard was not breached as listeners were likely to have understood the comments as coming from Ms McIvor’s perspective. Not Upheld: Discrimination and Denigration, Fairness, Balance...

Decisions
Collie and NZME Radio Ltd - 2021-008 (15 July 2021)
2021-008

During Mike Hosking Breakfast on Newstalk ZB, Mike Yardley (standing in for Mr Hosking) briefly mentioned the flouting of COVID-19 rules by two named Sky News UK journalists and stated: ‘veteran journalist Adam Boulton is also involved in this’. The Authority did not uphold a complaint the broadcast breached the accuracy standard by misleading listeners to believe Mr Boulton was one of those who flouted the rules. The Authority acknowledged that, without further clarification, the broadcast may have created that impression. However in all the circumstances the potential harm in a New Zealand broadcasting context was not at a level justifying regulatory intervention. Not Upheld: Accuracy...

Decisions
Kane and NZME Radio Ltd - 2021-031 (21 July 2021)
2021-031

The Authority has not upheld a complaint about comments made by Jack Tame during his morning show including the statement ‘Māori don’t just deserve special treatment, but are contractually guaranteed a form of special treatment under the Treaty’. The Authority found, in context, the comment amounted to analysis to which the accuracy standard does not apply. The comment was not the focus of the discussion, and an opinion-based segment such as this is not required to provide alternate perspectives under the balance standard. The remaining standards did not apply. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

Decisions
Kern and NZME Radio Ltd - 2022-115 (30 January 2023)
2022-115

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...

Decisions
Morgan and NZME Radio Ltd - 2021-131 (20 December 2021)
2021-131

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...

Decisions
O'Neill and The Radio Network Ltd - 2002-051
2002-051

ComplaintRadio Sport – talkback discussion of South Africa & New Zealand one day cricket match – callers’ questions about match-fixing and bonus point – host terminated one call apparently from an Asian with reference to match-fixing in the sub-continent – another call terminated with sarcasm – unfair – racist FindingsPrinciple 5 – sports talkback is robust – no uphold Principle 7 – opinion not racial slur – no uphold This headnote does not form part of the decision. Summary [1] The result of the previous evening’s one day cricket match between New Zealand and South Africa was one of the topics on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 2 February 2002 hosted by Doug Golightly. One caller questioned whether the result was fixed, and another asked whether South Africa had earned a bonus point....

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
Stranaghan and NZME Radio Ltd - 2021-041 (21 July 2021)
2021-041

The Authority has not upheld a complaint about a broadcast on the criticism faced by London Police following their actions in stopping a vigil for murdered woman Sarah Everard, as participants were not abiding by the COVID-19 restrictions in place at the time. The Authority found the item was not unfair to the London Police Chief or the London Police. It did not actively encourage non-compliance or seriously undermine law and order. The balance standard was not applicable as the item did not amount to a ‘discussion’. Not Upheld: Fairness, Law and Order, Balance...

Decisions
Tamihere and NZME Radio Ltd - 2022-095 (22 November 2022)
2022-095

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...

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