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Decisions
Scott and The Radio Network - 2014-125
2014-125

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’....

Decisions
Mullin and NZME Radio Ltd - 2020-106 (9 December 2020)
2020-106

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...

Decisions
Pickford and NZME Radio Ltd - 2021-010 (22 June 2021)
2021-010

During Jono and Ben on The Hits radio station, one host commented the weevils in his pantry were ‘procreating faster than a solo mother in Nelson’. The Authority did not uphold a complaint that this breached the discrimination and denigration standard, finding ‘solo mothers’ do not amount to a section of the community to which the standard applies. In any event, the comment did not meet the threshold required to find a breach of the standard. Not Upheld: Discrimination and Denigration...

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...

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
Newton and NZME Radio Ltd - 2022-076 (19 October 2022)
2022-076

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...

Decisions
Pemberton and NZME Radio Ltd - 2023-032 (14 June 2023)
2023-032

The Authority has declined to determine an accuracy complaint about a news bulletin referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

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
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
Steel and The Radio Network Ltd - 2006-008
2006-008

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – talkback programme – caller criticised the Kiwi rugby league team – host responded “get your head out of your arse”Findings Principle 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] On Saturday 7 January 2006, at approximately 11. 35am, the host of a sports talkback programme responded to a caller’s criticism of the Kiwi rugby league team by commenting “get your head out of your arse”. Complaint [2] Mr Steel complained about the use of the phrase “get your head out of your arse”. Principles [3] TRN assessed the complaint under Principle 1 of the Radio Code of Broadcasting Practice, which provides: Principle 1 In programmes and their presentation, broadcasters are required to maintain standards which are consistent with the observance of good taste and decency....

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
Grimshaw and New Zealand Media and Entertainment - 2014-136
2014-136

Summary [This summary does not form part of the decision]During the Hauraki Breakfast Show, the hosts made comments about two weather presenters, describing one as having 'charm pissing from every pore' and another as having 'a great rack'. The Authority did not uphold the complaint that the comments breached standards of good taste and decency. The discussion was consistent with the style of content and humour regularly broadcast on Radio Hauraki and would not have unduly surprised or offended the station's target audience. Not Upheld: Good Taste and DecencyIntroduction[1] During the Hauraki Breakfast Show, the hosts discussed weather presenter Jim Hickey's retirement. One of the hosts described Mr Hickey as having 'charm pissing from every pore'. The hosts were less complimentary about the female weather presenter taking over from Mr Hickey, but commented that she had 'a great rack, though'....

Decisions
Anderson and NZME Radio Ltd - 2017-066 (16 October 2017)
2017-066

Summary[This summary does not form part of the decision. ] During a talkback segment on Overnight Talk, a caller rang up to discuss Metiria Turei’s resignation as Co-Leader of the Green Party in the wake of benefit and electoral fraud allegations. The caller made the remark that, ‘[i]t’s almost a situation where, the Green Party are in a room and Metiria dropped a big, fat, juicy, smelly fart. ’ A complaint was made that the caller’s comments were demeaning and derogatory towards Ms Turei, and breached the discrimination and denigration standard. The Authority did not uphold the complaint, noting that the discrimination and denigration standard applies only to sections of the community, and it does not apply to individuals....

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
Miliša and NZME Radio Ltd - 2022-014 (11 April 2022)
2022-014

The Authority has not upheld a complaint about the statement ‘a review has found that the deaths of the two people who were isolating at home in Auckland with COVID were both preventable’ when the finding was that the deaths were ‘potentially preventable’. This would not have materially mislead listeners, noting the interviewee featured after these introductory comments stated the deaths were ‘potentially preventable’ and provided context and detail about the review. Not Upheld: Accuracy...

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
Marr & Robinson and NZME Radio Ltd - 2018-080 (16 January 2019)
2018-080

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

Decisions
Wilson and NZME Radio Ltd - 2019-067 (22 January 2020)
2019-067

The majority of the Authority did not uphold a complaint that a comment made by Mike Hosking during a ‘Mike’s Minute’ segment of Mike Hosking Breakfast about the government’s surplus breached the accuracy standard. The majority found that, considering a number of contextual factors, the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts to which the accuracy standard does not apply. The minority view was that Mr Hosking’s comment was an inaccurate statement of fact on which he then based his opinion and that the broadcaster did not make reasonable efforts to ensure the accuracy of the statement on which the following comments were based. Not Upheld by Majority: Accuracy...

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
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...

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