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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
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
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
Chan and NZME Radio Ltd - 2024-044 (24 July 2024)
2024-044

The Authority has not upheld a complaint about a comment made on Newstalk ZB referring to the delays that would result while ‘people are in there determining whether they’re transgender or not’ if the census was to be combined with voting. The complainant argued the comment was condescending and derisive of transgender people and that reference to the question on gender identity was irrelevant to the point the host was making. While recognising the comments may be offensive to some people, in the context they did not meet the high threshold required to constitute a breach of the standard. 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
Hildreth and The Radio Network Ltd - 1998-065
1998-065

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-065 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by H C HILDRETH of Waiuku Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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
Roberts and NZME Radio Ltd - 2018-082 (16 January 2019)
2018-082

Summary[This summary does not form part of the decision. ]During a segment on The Leighton Smith Show, host Leighton Smith quoted a listener’s views on news sources such as CNN, the BBC and Newshub. Mr Smith went on to say that consumers of similar sources lived in ‘blissful ignorance’ because they did not listen to the views of ‘the other side’. The Authority did not uphold a complaint that Mr Smith’s comments were biased and dismissive towards reputable news sources. The Authority noted that, while talkback radio is not immune to broadcasting standards, the balance and accuracy standards in particular 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....

Decisions
Mee and The Radio Network Ltd - 1999-190
1999-190

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

Decisions
The Rowan Partnership and The Radio Network of New Zealand Ltd - 1997-099
1997-099

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-099 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE ROWAN PARTNERSHIP of Wanganui Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Frost and NZME Radio Ltd - 2021-013 (29 June 2021)
2021-013

The Authority has not upheld a complaint regarding a broadcast in which the host commented on the US election results and suggested outgoing President Trump had been defrauded of votes, particularly in Georgia. Listeners would have been well aware of other views and not expected a balanced approach to the issue in the context of a talkback programme which approached the subject from a particular perspective. The complainant also did not identify any person or organisation that was treated unfairly in the broadcast. In any event, the discussion of US political events, in the context of the broadcast, was unlikely to cause unfairness. Not Upheld: Balance, Fairness...

Decisions
Cowsill and New Zealand Media and Entertainment - 2016-031 (27 June 2016)
2016-031

Summary[This summary does not form part of the decision. ]During Leighton Smith the host discussed Wicked Campers with a caller and commented, ‘Now I’m interested to know what your reaction is to my suggestion that if you see one of these, you know, if you’re offended by one of these vans, run a screwdriver down through the so-called artwork’. The Authority did not uphold a complaint that the comments were irresponsible and encouraged listeners to break the law. It did not consider Mr Smith was seriously advocating damaging the campervans or that listeners would have been incited to commit unlawful acts, taking into account the target audience and the nature of the programme....

Decisions
Leighton and NZME Radio Ltd - 2018-034 (23 July 2018)
2018-034

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....

Decisions
Burne-Field and NZME Radio Ltd - 2020-040 (14 September 2020)
2020-040

The Authority has upheld a complaint that comments made by Mike Hosking during his ‘Mike’s Minute’ segment were misleading in breach of the accuracy standard. Mr Hosking made statements referring to death-rate statistics in Italy related to COVID-19, including that ‘99. 2% percent died with underlying health issues. In other words, the very things that were killing them anyway, at over 1,600 per day’. The Authority found the comments were misleading as the broadcaster conflated its own conclusions, drawn from a study into Italy’s COVID-19 figures, with the figure of 1,600 deaths per day, which was based on 2018 population data and ignored both cause of death and the notion of ‘excess mortality’. In this respect, the Authority emphasised the importance of data literacy among broadcasters and journalists, to ensure statistics are not misinterpreted or misrepresented....

Decisions
Botur and The Radio Network Ltd - 2007-139
2007-139

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....

Decisions
Findlay and NZME Radio Ltd - 2021-145 (9 February 2022)
2021-145

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...

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
Spring and The Radio Network Ltd - 2007-108
2007-108

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…...

Decisions
Peat and RadioWorks Ltd - 2003-027
2003-027

Complaint Radio Hauraki breakfast programme – Matthew Ridge had AAA credit rating – "Arrogant Angry Arsehole" – derogatory and offensive FindingsPrinciple 1 – context – no uphold Principle 5 – referred to named person – unfair – uphold No Order This headnote does not form part of the decision Summary [1] Former international rugby league player and current television host, Matthew Ridge, was referred to during the breakfast programme broadcast on Radio Hauraki on 26 November 2002. In view of the news report that Mr Ridge was again facing driving related charges, the hosts said that he had a new credit rating, AAA, for "Arrogant Angry Arsehole". [2] Stephen Peat complained to The RadioWorks Ltd, the broadcaster, that the comment was derogatory and the language was offensive....

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