Search Rapua

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)...

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 that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards 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. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

The Authority has not upheld a complaint about comments, during an interview on The Huddle, distinguishing alcohol from tobacco in relation to the need for cancer warning labels. The Authority found the comments amounted to opinion to which the accuracy standard does not apply and, in the context, the audience was unlikely to be misled. The Authority identified no harm sufficient to justify its intervention. Not Upheld: Accuracy...

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....

The Authority has not upheld a complaint about comments made by the presenter of Heather du Plessis-Allan Drive regarding a suggestion by a representative of The New Zealand Initiative that New Zealand’s car seat regulations should be relaxed to increase birth rates (with reference to a United States study, ‘Car Seats as Contraception’). The presenter said, ‘And here’s the really challenging thing. Car seat regulations, they reckon might save about 60 children from dying in car crashes in a year across the [United] States, but they stop 8,000 families from having babies. So, you save 60, but you don’t have another 8,000. Maybe you’re better off having the 8,000 and losing the 60 – hey, I said it was going to challenge you. ’ The complaint was that the presenter’s tone and comment was ‘appalling’ and suggested ‘losing 60 kids was not a bad deal’....

ComplaintRadio Sport – host Doug Golightly – men’s refuges derided as unnecessary for real New Zealanders – only use was for beaten partners of homosexual men – complainant’s email misread – unfair – irresponsible FindingsPrinciple 7 Guideline 7a – high threshold not reached – no uphold Principle 5 – change to email – implication that writer was homosexual – complainant not identified – on balance not unfair – no uphold This headnote does not form part of the decision. Summary [1] The Radio Sport programme on Saturday morning 17 August 2002, hosted by Doug Golightly, included a number of references to men’s refuges. The host questioned their need for "real" New Zealanders, suggesting that only the beaten partners of homosexual men would use them. That attitude was reflected in his comments on some emails he referred to during the broadcast....

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....

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...

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....

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’....

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...

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”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989D’Arcy Waldegrave Drive – host and producer referred to rugby players as “Jesus” and “God” – allegedly in breach of standards relating to good taste and decency, discrimination and denigration, and responsible programmingFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – use of “Jesus” and “God” to compliment rugby players would not have offended or distressed most listeners in context – comments did not carry any invective and did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During D’Arcy Waldegrave Drive on Radio Sport, the host and producer discussed the selection of the All Blacks training squad, including a rookie, Steven Luatua, who played for the Auckland Blues....

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....

Summary[This summary does not form part of the decision. ]An audio clip promoting the ZM radio station stated that ZM played ‘hit after hit after goddamn hit’. The Authority did not uphold a complaint that the phrase ‘hit after goddamn hit’ was offensive to those who hold Christian or other religious beliefs and contrary to children’s interests. The Authority acknowledged that use of the term ‘goddamn’ may have caused offence to some listeners. However, in this case it was used as part of the station’s promotional messaging for playing continuous music and was not dwelt upon. Taking into account the right to freedom of expression, and the context of the broadcast, the term ‘goddamn’ could not be said to have encouraged the denigration of, or discrimination against, all Christians or others who hold religious beliefs....

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....

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...

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...