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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
Healy and NZME Radio Ltd - 2023-089 (16 January 2024)
2023-089

The Authority has not upheld a complaint a segment on the Fletch, Vaughan & Hayley morning show breached the discrimination and denigration standard. In the broadcast, the hosts made several jokes and innuendos about the name of Irish airline Aer Lingus and one host, putting on an Irish accent, stated ‘on the menu today, we have potatoes’. The complainant considered the jokes to be offensive to Irish people and culture, and to amount to racism. The Authority acknowledged the jokes had the potential to offend, but did not uphold the complaint, finding the jokes did not meet the threshold for a breach under the discrimination and denigration standard as they were unlikely to encourage the different treatment of Irish people to their detriment, devalue the reputation of Irish people, or embed negative stereotypes. 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
Downes, Penning, Maltby, Massie & Tang and NZME Radio Ltd - 2020-123 (24 February 2021)
2020-123

In a segment on the Mike Hosking Breakfast programme, the host interviewed the Prime Minister about the Government’s decision to extend the Level 3 lockdown restrictions on Auckland in August 2020. The Authority did not uphold the complaints. It recognised the value of robust political discourse in the media and the role of media in holding to account those in positions of power. Overall, it found no harm at a level justifying regulatory intervention. While some may have found Mr Hosking’s approach and comments distasteful, they did not go beyond what could be expected of an interview of this nature. Not Upheld: Fairness, Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Children’s Interests...

Decisions
Wilson and NZME Radio Ltd - 2020-030 (24 August 2020)
2020-030

On an episode of Simon Barnett and Phil Gifford Afternoons, an expert and the hosts made inaccurate statements about the Government’s COVID-19 economic recovery package shortly after its announcement. The Authority has not upheld a complaint that the broadcast breached the accuracy standard, finding that the broadcaster had made reasonable efforts to ensure the programme did not mislead and had promptly corrected the error. The Authority highlighted the importance of information broadcast by experts being accurate and, consequently, the importance of any errors being corrected as soon as possible. Not Upheld: Accuracy...

Decisions
O'Leary and New Zealand Media Entertainment Ltd - 2020-009 (16 June 2020)
2020-009

A complaint regarding a comment made by radio host Chris Lynch in relation to a news report that Whakaari was going to receive a blessing in the wake of the fatal volcanic eruption has not been upheld. The Authority found that considering the relevant contextual factors, Mr Lynch’s comment ‘because that’s going to change everything isn’t it?’ was unlikely to cause widespread undue offence or distress. The Authority also noted that, while the comment had the potential to offend some listeners, comments will not breach the discrimination and denigration standard simply because they are critical of a particular group, because they offend people, or because they are rude. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

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
Vernall and NZME Radio Ltd - 2021-021 (22 June 2021)
2021-021

The Authority has not upheld a complaint about the title of a segment ‘tradie versus lady’ on ZM’s Bree and Clint. While the Authority agreed with the complainant the title may be sexist and outdated, it did not encourage discrimination and denigration in breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Grant & Findlay and NZME Radio Ltd - 2021-117 (1 December 2021)
2021-117

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Balance, Accuracy...

Decisions
Soh and NZME Radio Ltd - 2021-075 (15 September 2021)
2021-075

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...

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
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
Richards and The Radio Network Ltd - 2000-181
2000-181

ComplaintRadio Sport – Martin Devlin – Japanese "vile gits" – East Timorese "gooks" – offensive language – racist – denigratoryFindingsPrinciple 1 – talkback context – strong language to be expected – no uphold Principle 7 – reference to East Timorese militia as "gooks" racist and denigratory – upholdOrderCosts of $500 to Crown This headnote does not form part of the decision. Summary Japanese were referred to by the host as "vile gits" and "pricks" in the context of their whaling practices on a Radio Sport programme broadcast on 27 September 2000 at about 8. 30am. The host suggested that helicopter gunships should be sent to blow up their whaling boats. Next, a guest contributor on the programme referred to East Timorese militia as "gooks". Doug Richards complained to The Radio Network Ltd, the broadcaster, that the remarks were offensive and racist....

Decisions
WX and NZME Radio Ltd - 2020-174 (29 June 2021)
2020-174

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...

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
Gaier and NZME Radio Ltd - 2023-031 (26 July 2023)
2023-031

The Authority has not upheld a complaint that a replay of a broadcast of Brad and Laura on The Hits breached the promotion of illegal or serious antisocial behaviour standard by presenting the action of running over ‘carpark savers’ as humorous. The show discussed the issue of people standing in carparks to save them for other people, and featured interaction with listeners in response to this, which included the suggestion of running over people saving carparks. Overall the Authority did not consider the likely impact of this programme would be to encourage the audience to actually run over ‘carpark savers. ’ The audience would have understood the hosts’ reaction of giving a caller who made this suggestion a prize was merely an appreciative response to their joke, which was clearly hyperbole and intended to be humorous. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

Decisions
Johnston and NZME Radio Ltd - 2021-076 (15 September 2021)
2021-076

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that action taken by NZME was insufficient, after it upheld a complaint about language used in an interview on The Nutters Club. The interviewee told his story of overcoming drug addiction and offending, and now working to help others do the same. After saying, ‘Excuse all my language I use, too, it will get a little bit worse, it’s just how it is when you remember’, the interviewee used the words ‘fuck’, ‘shit’, and ‘arse’ (and variations of these) repeatedly. The Authority determined it would not have found a breach of the standards in the first instance, in the context of the broadcast....

Decisions
Appleyard and NZME Radio Ltd - 2023-071 (20 November 2023)
2023-071

The Authority has upheld a complaint that it was inaccurate for the host of The Mike Hosking Breakfast to state, responding to listener feedback asking whether ‘striking teachers do all this on full pay’: ‘Well of course they do! …people who go on strike have always been on full pay. They're supported by the unions. ’ The Authority found: the statement was materially inaccurate in the context of the broadcast; text messages read out later in the programme commenting on the pay situation for teachers on rolling strikes as opposed to full strikes did not serve as a correction to Hosking’s earlier inaccuracy; and the broadcaster did not make reasonable efforts to ensure accuracy. The Authority found publication of the decision was sufficient to notify the breach of the accuracy standard and provide guidance to broadcasters, and no further orders were necessary. Upheld: Accuracy No Order...

Decisions
Johnson and The Radio Network Ltd - 2012-066
2012-066

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....

Decisions
Gregg and NZME Radio Ltd - 2022-070 (23 August 2022)
2022-070

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...

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