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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
Hailes-Paku and NZME Radio Ltd - 2024-048 (2 September 2024)
2024-048

The Authority has not upheld a complaint that a brief, light-hearted discussion on ZM’s Bree & Clint programme about listeners’ suggestions to use methamphetamine to stay awake breached broadcasting standards. The complainant alleged the discussion made methamphetamine appear ‘cute’, it was offensive for the hosts to discuss it on air, promoted the drug to the audience and was unfair. The Authority found the discussion was within audience expectations of the programme and station and was not likely to promote use of the drug. Though the conversation was light-hearted, the hosts specifically acknowledged the drug could ‘ruin [their] lives’. The fairness standard did not apply. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Fairness...

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
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
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
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
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....

Decisions
Macdonald and The Radio Network Ltd - 2004-047
2004-047

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Radio Sport – Terror Talkback – breakfast host Martin Devlin telephoned randomly a person with same name as sportsperson in the news – alleged intentional intrusion in person’s seclusion – breach of privacyFindings Principle 3 – Guideline 3a – Privacy Principle iii – the broadcast telephone call did not amount to prying – not upheld This headnote does not form part of the decision. Broadcast [1] “Terror Talkback” is a regular feature of the Martin Devlin Breakfast Show on Radio Sport. It involves a telephone call to a person selected randomly who has the same name as a sportsperson in the news. At about 6. 20am on 23 February 2004, the host referred to the appointment of a Mr Shand as the Manager of the All Blacks. He then indicated he had randomly chosen the telephone number of a Mr Shand....

Decisions
Oluwole and NZME Radio Ltd - 2021-023 (21 July 2021)
2021-023

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...

Decisions
Williams and The Radio Network Ltd - 2014-019
2014-019

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’....

Decisions
Rawcliffe and New Zealand Media and Entertainment - 2014-130
2014-130

Summary [This summary does not form part of the decision. ] During a segment called ‘The Huddle’ on the Larry Williams Drive Show, the host and two political bloggers discussed the candidates running for the Labour Party leadership. One of the bloggers referred to two politicians needing their ‘throat cut’. The Authority did not uphold the complaint that the comments were inappropriate. The comments were brief, intended to be metaphorical, and acceptable in the context of a robust political discussion broadcast on Newstalk ZB. Not Upheld: Good Taste and Decency Introduction [1] During a segment called ‘The Huddle’ on the Larry Williams Drive Show, the host and two political bloggers discussed the candidates running for the Labour Party leadership....

Decisions
Tawfik and New Zealand Media and Entertainment - 2015-067
2015-067

Summary [This summary does not form part of the decision. ]During his talkback show, host Leighton Smith in a conversation with a caller about the impact of cultural and religious beliefs on others, asked, ‘How do you think the Muslims will fit into that? ’ He then repeated the question as, ‘How do you think the beheaders will fit into that? ’ The Authority did not uphold a complaint that this promoted anti-Islamic sentiment and was extremely offensive. While the comment was objectionable, it was relatively brief and not repeated, and did not reach the high threshold necessary to constitute hate speech or encourage discrimination or denigration. Mr Smith was also apparently questioned about the comment by the programme producer and he attempted to explain what he meant....

Decisions
Black and The Radio Network Ltd - 1999-003
1999-003

Summary In the context of a discussion about the re-appointment of the All Black coach, the host of the breakfast show on Radio Sport broadcast by TRN on 15 September 1998 reported that the previous evening he had overheard John Hart in conversation with his wife in a public place saying something like "I thought Ross was supposed to be on my side". Mr Black complained to The Radio Network Ltd, the broadcaster, that it was unethical to report a private conversation, and a breach of Mr Hart’s privacy. TRN responded by noting that the host just happened to be in Mr Hart’s vicinity and overheard the conversation. It emphasised that the host would in no circumstances have engaged in any unethical action to Mr Hart’s detriment....

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
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
Ffowcs-Williams and NZME Radio Ltd - 2023-092 (31 January 2024)
2023-092

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)...

Decisions
Carpenter and The Radio Network Ltd - 2012-081
2012-081

Complaint under section 8(1C) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – on the face of it the game perpetuated racial stereotypes – however the outcome as broadcast demonstrated flaws in stereotyping – attempt at humour and satire – freedom of expression outweighed potential harm caused – contextual factors – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage the denigration of, or discrimination against, any of the groups referred to as sections of the community – guideline 7a provides exemption for humour and satire – not upheld This headnote does not form part of the decision....

Decisions
Fonseka and The Radio Network Ltd - 2006-028
2006-028

Complaint under section 8(1)(a) of the Broadcasting Act 1989Complaint received by broadcaster 21 working days after the broadcast – broadcaster declined to consider as a formal complaint – issue as to Authority’s jurisdiction to consider complaintFindingsSection 6(2) of the Broadcasting Act states that complaints must be “lodged in writing with the broadcaster” within 20 working days after the broadcast – broadcaster was not obliged to consider complaint – Authority has no jurisdiction to consider complaintThis headnote does not form part of the decision. Background [1] Nilanka Fonseka wrote a letter of complaint to The Radio Network Ltd (TRN) about comments broadcast on 6 February 2006 on ZM radio (90. 9FM). [2] The complaint was received by TRN on 7 March 2006. TRN declined to accept his complaint as a formal complaint, as it had arrived “outside the 20 days allowed since the broadcast to qualify as a formal complaint”....

Decisions
Johnson and NZME Radio Ltd - 2022-125 (8 February 2023)
2022-125

The Authority has not upheld a complaint that a segment of Overnight Talk breached the discrimination and denigration, offensive and disturbing content, and fairness standards. A caller to the show advised the host he believed Russia was acting in ‘the least violent way possible’ in its invasion of Ukraine, to which the host responded heatedly, referring to the caller’s opinion as ‘stupid’ and ‘bullshit’. The Authority was satisfied the language used amounted to low-level language, and the host’s comments, while potentially seen as disrespectful by some, did not reach the level necessary to constitute unfair treatment. The discrimination and denigration standard did not apply as the comments were directed at the caller as an individual. Not Upheld: Discrimination and Denigration, Offensive and Disturbing Content, Fairness  ...

Decisions
Williamson and NZME Radio Ltd - 2023-008 (16 May 2023)
2023-008

During the programme Sunday Mornings with The Resident Builder on Newstalk ZB, the host described how he used to make an implement to shoot fireworks as a young boy, ‘à la a good old fashioned sort of flintlock. ’ The complainant alleged these comments could have encouraged children listening to imitate the host’s actions and put themselves or others in danger, in breach of the children’s interests standard. The Authority did not uphold the complaint, finding the comments were not likely to adversely affect children, taking into account the programme’s target audience and the nature of the comments.   Not Upheld: Children’s Interests...

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