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Decisions
Findlay and Discovery NZ Ltd - 2022-078 (31 August 2022)
2022-078

The Authority has not upheld an accuracy complaint about an item on Newshub Live at 6pm which referred to ‘countless drive-by shooting incidents in recent weeks’, in the context of reporting on community efforts to limit gang tension and violence in Auckland in the lead up to a Tonga national rugby league match. The Authority found the item was materially accurate, and it would be contrary to the right, and value, of freedom of expression to restrict such speech. Not Upheld: Accuracy...

Decisions
Tily and Discovery NZ Ltd - 2022-047 (2 August 2022)
2022-047

The Authority has not upheld a complaint that it was inappropriate to broadcast images of spiders due to viewers potentially having arachnophobia. The Authority found the images were unlikely to cause widespread undue offence, and the introduction to the item gave viewers who did not want to see spiders the opportunity to switch off. The programme information and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Programme Information, Discrimination and Denigration....

Decisions
Decke and Discovery NZ Limited - 2020-076 (21 December 2020)
2020-076

In an episode of The AM Show, Opposition Leader Hon Judith Collins suggested a fellow interviewee should stop talking or she would give him a bruised nose (like she had at the time). The Authority did not uphold a complaint that the broadcast breached the violence standard. The Authority found Ms Collins’ comment justified by context and unlikely to incite or encourage violence against men. Not Upheld: Violence...

Decisions
Hector and Discovery NZ LTD - 2020-120 (9 February 2021)
2020-120

The Authority has not upheld a complaint about an episode of The Project in which Jesse Mulligan presented his view on whether New Zealand should ‘be more like Sweden’ in responding to COVID-19. Mr Mulligan stated ‘[Sweden's] number of COVID cases is actually going up, the virus is not under control and although their deaths are down, they're seeing more infections every day’. Mr Mulligan’s statement was not materially inaccurate and was unlikely to mislead viewers in the context, including given the wealth of other coverage and commentary available. The potential harm did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

Decisions
Franklin and Discovery NZ Ltd - 2022-113 (20 December 2022)
2022-113

The Authority did not uphold a complaint that two items on Newshub Live at 6pm breached the offensive and disturbing content, and children’s interests standards. The programme included interviewees using the terms ‘shit’ and ‘holy shit’. Considering relevant contextual factors, the BSA’s guidelines on low-level language, and the expectation children are supervised when watching the news, the Authority found the relevant language was not at a level meriting regulatory intervention. Not Upheld: Offensive and Disturbing Content, and Children’s Interests...

Decisions
Van Peursem & Fox and Discovery NZ Ltd - 2021-056 (24 August 2021)
2021-056

The Authority has not upheld two complaints about an item on The Project. A presenter commented ‘I think happily we don’t have many Americans in New Zealand so we probably won’t end up in that situation’, in response to a question from another presenter, about whether New Zealanders would start demanding a right to bear arms as in the United States, in light of a recent knife attack. The complainants alleged these comments were discriminatory against Americans, and breached the discrimination and denigration standard. The Authority acknowledged the comments had the potential to cause offence, but found they did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

Decisions
Hall and Discovery NZ Ltd - 2020-159 (22 June 2021)
2020-159

The Authority has not upheld a complaint about an item on The Project, which discussed the financing of the Government’s $50 billion COVID-19 rescue and recovery budget. It suggested New Zealanders are borrowing this money from the Central Bank in the form of payment for Government bonds. The complainant argued this was inaccurate because New Zealanders are borrowing the money from private institutions. He also complained the broadcast confused direct monetary financing with quantitative easing by suggesting the Reserve Bank was buying bonds directly from the Government (rather than from private institutions). The Authority found the broadcast was materially accurate overall and unlikely to mislead viewers. Not Upheld: Accuracy...

Decisions
Robinson and Discovery NZ Ltd - 2021-133 (9 February 2022)
2021-133

The Authority has not upheld a complaint that an item on Newshub Live at 6pm on 7 October 2021, reporting on criticism of National Party leader Hon Judith Collins in the Mood of the Boardroom survey, breached the balance and fairness standards by failing to refer to the survey’s criticism of Prime Minister Jacinda Ardern. The Authority found the balance standard did not apply as the complaint did not concern a controversial issue of public importance. It further found the broadcast did not go beyond the level of robust scrutiny and political analysis that could reasonably be expected of the Leader of the Opposition, and therefore the fairness standard was not breached. Not Upheld: Balance, Fairness...

Decisions
Redshaw and Discovery NZ Ltd - 2022-045 (21 June 2022)
2022-045

The Authority has not upheld a complaint that a broadcast of The Project breached the accuracy standard. It stated Joe Rogan had taken ‘horse wormer ivermectin as a COVID treatment’. The Authority found the accuracy standard was not breached as the statements were materially accurate and not misleading. Not Upheld: Accuracy...

Decisions
Greenslade and Discovery NZ Ltd - 2021-105 (10 November 2021)
2021-105

The Authority declined to determine a complaint that The Hui breached the discrimination and denigration standard through its use of te reo Māori without subtitles, and by demonstrating ‘Māori-centric racism’ in its discussion of whether mātauranga Māori should be viewed as science. In all the circumstances, the Authority found the complaint did not raise any issues of broadcasting standards that could properly be determined by its complaints process. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances)...

Decisions
Arps and Discovery NZ Ltd - 2021-123 (1 December 2021)
2021-123

The documentary Patrick Gower: On Hate investigated the 15 March 2019 terror attacks, focusing on the stories of the victims. The documentary featured footage from 2016 showing the complainant dumping a pig’s head at Masjid Al-Noor. The complainant argued the documentary breached the fairness standard as he was not given an opportunity to comment prior to its broadcast. Noting the high public interest in the documentary, the Authority found the complainant was not treated unfairly. Not Upheld: Fairness...

Decisions
Quirke and Discovery NZ Ltd - 2021-094 (27 October 2021)
2021-094

The Authority has not upheld a complaint about the promo for Hustlers which was broadcast during the movie Minions. The promo did not breach the good taste and decency or children’s interests standards as it was consistent with the PG classification for Minions. Child viewers were unlikely to understand the adult themes, and the promo did not contain nudity or explicit sexual content. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Chilton & New Zealand Greyhound Racing Association Inc and Discovery NZ Ltd - 2022-134 (7 March 2023)
2022-134

The Authority has not upheld complaints a segment on AM interviewing the SPCA’s Science Officer, Dr Alison Vaughan, breached the balance, accuracy and fairness standards. Dr Vaughan discussed the organisation’s desire to end commercial greyhound racing in New Zealand and invited viewers to contact the Minister of Racing to support that cause. The complainants considered the segment presented only one perspective on the issue and did not attempt to balance it with other perspectives. The Authority found the segment was clearly introduced as presenting a particular perspective, and other perspectives would have been known to viewers given the issue had long-standing interest in NZ. The segment was also materially accurate, or otherwise reflecting Dr Vaughan’s analysis, comment or opinion, to which the accuracy standard does not apply. The fairness standard did not apply as no organisation was referred to in the broadcast. Not Upheld: Balance, Accuracy, Fairness...

Decisions
New Zealand Greyhound Racing Association Inc and Discovery NZ Inc - 2022-084 (30 January 2023)
2022-084

The Authority has upheld a complaint about an item on Newshub Live at 6pm that discussed the alleged misuse of public funds for safety improvements at a greyhound racetrack. The complainant alleged the programme did not present a balanced view of the issue and misled the audience on key facts regarding what action was taken at the raceway. The Authority found the item was presented in a way that favoured the perspectives of those critical of the racing club’s actions, without giving reasonable opportunities to provide balance from the other side of the story. The Authority also found that a collection of factual errors in the item meant, overall, viewers were materially misled. Upheld: Balance, Accuracy...

Decisions
Brennan and Discovery NZ Ltd - 2022-020 (11 April 2022)
2022-020

The Authority has not upheld a complaint that a broadcast of The Project discussing multiple musicians’ backlash to podcaster Joe Rogan, which mentioned his use of ivermectin to treat COVID-19, breached the fairness standard. The Authority found Rogan was not treated unfairly in the broadcast and, if any harm had arisen from the broadcast, it did not meet the threshold for regulatory intervention. Not Upheld: Fairness...

Decisions
Newman and Discovery NZ Ltd - 2022-130 (7 March 2023)
2022-130

The Authority has not upheld a complaint that a Newshub Live at 6pm report regarding water fluoridation and the Three Waters proposal breached the balance, accuracy and fairness standards. While the issue of how to improve Aotearoa New Zealand’s fluoridation is a controversial issue of public importance, the report included major perspectives on this issue, including alternatives such as central government orders, imposition of penalties and better data collection, as well as the Three Waters proposal. On this basis the balance standard was not breached. The complainant’s submissions under the accuracy standard concerned analysis to which the standard does not apply. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Jones and Discovery NZ Ltd - 2023-006 (12 April 2023)
2023-006

The Authority declined to determine a complaint alleging an item on AM breached the offensive and disturbing content and children’s interest standards. The broadcast included the phrase ‘get the bloody hell out of here’. In light of the Authority’s guidance on complaints that are unlikely to succeed and previous decisions on low-level offensive language, the Authority considered it appropriate to decline to determine the complaint.   Declined to determine: Offensive and Disturbing Content, Children’s Interests (section 11(b) of the Broadcasting Act 1989)...

Decisions
Francis and Discovery NZ Ltd - 2023-027 (26 July 2023)
2023-027

The Authority has not upheld a complaint that an episode of Married At First Sight Australia, broadcast at 7. 30pm, breached the children’s interests standard. The complainant considered the programme ‘promotes toxic and inappropriate relationships’ and was not suitable for broadcast during children’s viewing times. The Authority found the broadcast’s content did not go beyond well-established audience expectations of the programme, and that it complied with its PG-L classification (Parental Guidance recommended; Language may offend). The Authority was therefore satisfied sufficient, reliable information was provided to enable audiences to exercise discretion with regard to children’s viewing. Not Upheld: Children’s Interests...

Decisions
Leitch & Shadbolt and Discovery NZ Ltd - 2023-038 (9 August 2023)
2023-038

The Authority has not upheld complaints concerning a promo for the programme MILF Manor, broadcast during episodes of Ice Vikings and Border Patrol. The complainants considered the use of the term ‘MILF’ offensive, even if the word was not spelled out. The Authority found the promo complied with the PG classification of its host programmes and that use of the term ‘MILF’ was not likely to seriously violate community norms or disproportionately disturb the audience. It also did not consider the promo was likely to adversely affect children. The promotion of illegal or antisocial behaviour standard did not apply. Not Upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour...

Decisions
Judge and Discovery NZ Ltd - 2023-021 (14 June 2023)
2023-021

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the balance standard. The broadcast commented on Chris Hipkins’s first day as Prime Minister, and noted after only a few hours into the role, he did not have any ‘tangible’ policy to announce. The complainant alleged the broadcasting was biased, and unbalanced. The Authority did not uphold the complaint, finding the balance standard did not apply as the broadcast did not discuss an issue of public importance, the complainant did not specify which balancing perspectives they considered were not presented, and in any event, relevant perspectives had been presented in the broadcast.   Not Upheld: Balance...

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