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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny and Jacqui – host told a personal anecdote about a prank she committed in her youth, namely setting off a fire alarm “resulting in all of Timaru’s fire engines turning up” – allegedly in breach of law and order standardFindingsStandard 2 (law and order) – anecdote was a light-hearted recollection of host’s actions in her youth, with educational message – host made comments condemning her own behaviour and noted the repercussions – story was intended to humour and entertain and did not invite imitation or otherwise encourage listeners to break the law or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 2....

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy...

Summary[This summary does not form part of the decision. ]An item during a Newstalk ZB news bulletin featured an interview with Crusaders coach Todd Blackadder. The newsreader introduced the item by saying, ‘Crusaders coach Todd Blackadder believes their loss to the Highlanders is the kick up the backside they need. . . ’ The Authority did not uphold a complaint that the phrase ‘kick up the backside’ was rude, alluded to indecent assault and sexual abuse, and offended ‘community standards’. A ‘kick up the backside’ is a common, colloquial expression in New Zealand, meaning an unwelcome event or action that unexpectedly motivates or inspires. The expression would be well-known to listeners, who would not associate it with indecent or sexual assault. Therefore its use in this context did not threaten standards of good taste and decency....

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...

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

A complaint that a radio host asking a caller ‘how Māori are you? ’ breached the discrimination and denigration standard has not been upheld. A broadcast of Afternoons with Andrew Dickens featured a discussion between Mr Dickens and a caller about Māori sovereignty, the Treaty of Waitangi and racism. During the discussion Mr Dickens asked the caller ‘how Māori are you? ’ The Authority found that while the comment was patronising, misinformed and likely to offend some listeners, it did not contain the level of condemnation required to constitute a breach of the discrimination and denigration standard and therefore any restriction on the broadcaster’s right to freedom of expression would be unjustified. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint under the discrimination and denigration standard about a broadcast in which two co-hosts made fun of the third for giving his pet pig a name shared by ‘one of the most powerful figures in the Nazi Party’, and the three of them joked about distinguishing names associated with Hitler and the Nazis by spelling them differently. The Authority noted the comments may be considered distasteful, in that they trivialised the notoriety of Hitler and the Nazis, but found they did not meet the high threshold required to find a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

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...

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...

Summary[This summary does not form part of the decision. ]During Hauraki Breakfast, hosts Jeremy Wells and Matt Heath discussed smoking marijuana, in relation to several National Party MPs who had recently publicly stated they had never tried it. The hosts took calls from listeners who had also never tried marijuana and asked them why they had never tried it. The Authority did not uphold a complaint that the broadcast promoted and encouraged the use of marijuana. The Authority found the broadcast amounted to a comedic discussion of smoking marijuana that did not go beyond established audience expectations of Radio Hauraki, Hauraki Breakfast or the hosts. The Authority noted that humour and satire are important aspects of free speech, and found that on this occasion, there was insufficient risk of harm to justify limiting the broadcaster’s right to freedom of expression....

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...

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...

The Authority has not upheld a complaint about a broadcast of the song Long Gone by Six60, which included four instances of the line ‘Someday, when you give a fuck’, censored so the word ‘fuck’ was partially silenced. In the context, including the nature of the programme and intended audience, the Authority found the song was unlikely to have caused widespread undue offence or distress, or harm to children. Not Upheld: Good Taste and Decency, Children’s Interests...

The Authority has not upheld a complaint under the discrimination and denigration standard in relation to comments about a celebrity dining at an Indian restaurant on Heather du Plessis-Allan Drive. The complaint alleged comments made by the host were racist, including questioning how a $97,000 bill could be possible at an Indian restaurant and questioning the choice to go there. The Authority acknowledged the comments had the potential to cause offence, but found they did not meet the high threshold required for a breach of the standard.   Not Upheld: Discrimination and Denigration...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Hauraki – skit implying that Polynesian women suffer significantly less post natal depression than other ethnic groups because additional children result in increased welfare benefits – allegedly encouraged denigration or discriminationFindingsPrinciple 7 and Guideline 7a (denigration and discrimination) – skit was obvious attempt at humour – falls within exception in Guideline 7(a)(iii) – not upheld This headnote does not form part of the decision. Broadcasts [1] On Radio Hauraki at around 7. 05am on Monday 20 September 2004, one of the presenters announced recent findings by the Auckland University of Technology that Samoan women have one of the lowest rates of post natal depression in the world. He said that researchers wanted to find out “why Samoan women escaped the baby blues” so that they could help other women....

Summary [This summary does not form part of the decision. ] A host on Hauraki Breakfast Regurgitated was required to argue that free-range eggs were ‘penis’ (stupid or absurd). The Authority did not uphold the complaint that his comments were disgusting and unsuitable for broadcast in the middle of the day. While parts of the broadcast were crude, the content did not go beyond audience expectations of Radio Hauraki or this programme. Most regular listeners would have taken the comments as humorous and light-hearted, and would not have been unduly offended. Not Upheld: Good Taste and Decency Introduction [1] In a regular segment called ‘Penis or Genius’ on Hauraki Breakfast Regurgitated, one of the hosts was required to argue that free-range eggs were ‘penis’ – used by the programme to denote something that is ‘stupid’ or ‘absurd’....

The Authority has not upheld a complaint that a statement on Coast FM news, ‘A herd of international students is about to stampede into New Zealand’, breached the discrimination and denigration standard. The Authority found ‘international students’ did not amount to a section of the community under the standard. In any event, the statement would not have reached the threshold required for finding a breach. There were issues with the retention of the broadcast by NZME, and the Authority noted this was a serious procedural concern. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the fairness standard during an episode of Heather du Plessis-Allan Drive was insufficient. The complaint related to an interview with a 16-year-old climate activist about the Schools Strike for Climate movement, and the group’s key demands. During the interview, the interviewee admitted she had recently travelled to Fiji, despite one of the group’s demands being a ban on ‘unnecessary air travel’. This resulted in the host hysterically laughing at, and teasing the interviewee for over a minute. The broadcaster conceded in light of the interviewee’s age and potential vulnerability, the segment breached the fairness standard. The Authority determined it too would have found a breach of the fairness standard, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach....

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...