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Huriwai-Seger and Discovery NZ Ltd - 2023-105 (16 January 2024)
2023-105

The Authority has not upheld a complaint that a Newshub Live at 6pm item suggesting Labour’s Affordable Water Reform policy encompassed controls over all freshwater breached the accuracy standard. The Authority found the relevant references to freshwater were inaccurate. However, in the context of a story about Mayor Wayne Brown’s concerns for Auckland ratepayers and call to action for National, such detail regarding Labour’s policy was not material to the audience’s overall understanding of the item. Not Upheld: Accuracy...

Decisions
Flanagan and Discovery NZ Ltd - 2024-020 (22 April 2024)
2024-020

The Authority has not upheld an accuracy complaint about a statement by Newshub’s political editor, ‘the Government announced today it is going to be scrapping cultural reports [used in sentencing],’ following an item focused on the Prime Minister’s comments at Waitangi and on the Treaty Principles Bill. The complaint alleged it was misleading to say the reports had been ‘scrapped’ when the Government had actually announced it would remove legal aid funding for the reports. The Authority was not convinced the statement was inaccurate, given the practical effect of removing Legal Aid funding for cultural reports; and even if it were, the alleged inaccuracy was not material to the segment, and would not have impacted audience’s understanding of the broadcast as a whole. Not Upheld: Accuracy...

Decisions
Jennings and Discovery NZ Ltd - 2023-019 (14 June 2023)
2023-019

The Authority has not upheld a complaint an item on Newshub Live at 6pm, reporting on a draft report by the Ministry for Primary Industries | Manatū Ahu Matua proposing to ban many events in the sport of rodeo, was unbalanced and unfair. While the complainant was concerned the item lacked ‘pro‑rodeo’ perspectives, the Authority found the item made reasonable efforts to present significant points of view in the item, noting audiences can be expected to be aware of pro-rodeo perspectives as part of ongoing media coverage. The fairness standard was not breached in respect of the New Zealand Rodeo Cowboys Association (who were provided an opportunity to comment and were not otherwise treated unfairly) and did not apply in respect of other individuals or organisations named by the complainant given they were not referred to in the broadcast, as required by the standard. Not Upheld: Balance, Fairness...

Decisions
Ashton, Hickson & Speak Up For Women and Discovery NZ Ltd - 2023-028 (9 August 2023)
2023-028

The Authority has not upheld complaints that the action taken by Warner Bros. Discovery in response to a breach of the accuracy and fairness standards – during a Newshub Live at 6pm item on Immigration New Zealand’s decision to allow Posie Parker’s entry to New Zealand – was insufficient. The broadcaster upheld the complaints relating to a clip of Parker, which the reporter stated had been blurred because Parker was ‘using a hand signal linked to white supremacists’. The broadcaster conceded that blurring Parker’s hands was potentially misleading as it prevented audiences from making their own assessment of the footage, and potentially unfair as Parker’s intention was unclear. The broadcaster removed the video in the online version of the story and replaced it with a clip of Parker’s position on neo-Nazis, which the Authority found was sufficient and proportionate action in the circumstances....

Decisions
Gebbie and Discovery NZ Ltd - 2022-073 (23 August 2022)
2022-073

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the discrimination and denigration standard in its discussion of the social media and wider impact of the Johnny Depp-Amber Heard defamation trial. The Authority noted the issue of the genders of victims and perpetrators of domestic violence was not the focus of the broadcast, and it did not reach the high threshold of condemnation necessary to find a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Anderson and Discovery NZ Ltd - 2021-122 (1 December 2021)
2021-122

The Authority has not upheld a complaint that a Newshub Live at 6pm report breached the accuracy and fairness standards by stating there was no evidence ivermectin works in treating or preventing COVID-19. The Authority found the accuracy standard was not breached as the statements were materially accurate and not misleading. The complainant did not identify a person or organisation said to be treated unfairly in the broadcast so the fairness standard did not apply. Not Upheld: Accuracy, Fairness...

Decisions
Dobson, Tocker, Takitimu, & Bate and Discovery NZ Ltd - 2022-107 (20 December 2022 )
2022-107

The Authority has not upheld complaints under the accuracy, balance and fairness standards from several complainants about a broadcast of AM on 1 September 2022. The morning news broadcast contained two segments about a recent ‘backtrack’ by the Government on a proposal to apply GST to management services supplied to managed funds (including KiwiSaver). During the first segment, this was described as ‘a tax on your retirement savings’. In the second segment, the specifics of the proposed tax were clarified: ‘technically it wasn't a tax on KiwiSaver funds, it was a tax on the fees applied to KiwiSaver funds’. The Authority found the alleged inaccuracy in the first segment was immaterial to the audience’s understanding of the broadcast as a whole, and mitigated by the second segment where a more detailed description of the proposal was provided....

Decisions
McDonald and Discovery NZ Ltd - 2021-004 (25 May 2021)
2021-004

The Authority did not uphold a complaint about a promo for Taranaki Hard. The Authority found the item was within audience expectations for a promo shown during an unclassified news programme. It did not actively promote or glamorise illegal behaviour nor was it likely to cause widespread undue offence or cause harm to children watching. Not Upheld: Law and Order, Good Taste and Decency, Children’s Interests...

Decisions
Serfontein and Discovery NZ Ltd - 2022-039 (21 June 2022)
2022-039

The Authority has not upheld a complaint alleging footage during a Newshub Live at 6pm item showing a rugby league player throwing up on the side of the field during a match breached the good taste and decency standard. Taking into account the context of the broadcast, the Authority found the footage was unlikely to cause widespread undue offence. Not Upheld: Good Taste and Decency...

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
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
Carstensen and Discovery NZ Ltd - 2022-090 (26 October 2022)
2022-090

A segment on The Project reported on ‘hateful attacks’ occurring during Pride month, including claims of discrimination at Bethlehem College (and the Ministry of Education’s announcement it will investigate the issue) and the burning down of a Rainbow Youth centre in Tauranga. The segment included an interview with a rainbow activist who considered ‘extremist Christians’ had burnt the centre down. The presenters discussed the issue following the report and noted they hoped the investigation would bring about ‘some change in a place that really needs it. ’ The complainant considered the segment breached various standards as the cause of the fire was under investigation at the time of the broadcast, and the College was portrayed unfairly. The Authority did not uphold the complaint, finding the relevant comments did not reach the high threshold justifying a restriction on freedom of expression....

Decisions
O’Brien and Discovery NZ Ltd - 2021-006 (22 June 2021)
2021-006

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, covering the reactions of world leaders to the Capitol Hill riots in Washington DC, that referred to Iran’s president Hassan Rouhani as ‘Iran’s dictator’. The Authority found the description was not a material fact in the context of the item, and in any case the caption describing Mr Rouhani as ‘President of Iran’ reduced any risk of viewers being misled. Not Upheld: Accuracy...

Decisions
Sullivan-Brown and Discovery NZ Ltd - 2021-100 (27 October 2021)
2021-100

The Authority has not upheld a complaint about the promo for Rambo Last Blood which was broadcast during the movie Despicable Me 3. The promo did not breach the children’s interests or violence standards as it was consistent with the PG-V classification for Despicable Me 3. The promo did not contain unduly disturbing or explicit violence. Not Upheld: Children’s Interests, Violence...

Decisions
WL and Discovery NZ Ltd - 2020-167 (29 June 2021)
2020-167

The Authority upheld a privacy complaint about a Newshub item showing footage of children being uplifted from their homes by Oranga Tamariki. The Authority considered there was adequate information in the clip to enable identification of the children. While the story carried high public interest, protecting children’s privacy interests, particularly where the children are clearly vulnerable, must be paramount in broadcasters’ editorial decision making. Insufficient steps were taken to protect the children’s identities, and given the highly sensitive and distressing circumstances, the Authority considered the disclosure of footage enabling their identification was highly offensive. Upheld: Privacy Orders: Section 16(4) – $1500 costs to the Crown...

Decisions
Hopwood & Hopwood-Craig and Discovery NZ Ltd - 2024-073 (20 November 2024)
2024-073

The Authority has not upheld a complaint that a segment on 7 Days was unfair to a singer who performed the New Zealand national anthem ahead of an All Blacks game in San Diego. The complainants said the broadcast was unfair to the performer and unbalanced, noting she was accused of ‘butchering’ the anthem and called ‘Dunedin’s most well-known murderer’. The Authority found the programme was not unfair, noting: viewers were unlikely to interpret the programme as suggesting the performer was an actual murderer or criminal; having chosen to perform at such an event, she could reasonably expect comment on her performance; viewers would not have been left with an unfairly negative impression of the performer; comments were directed at the performance rather than the performer personally; and that comedy and satire are valuable forms of expression. The balance standard did not apply. Not Upheld: Fairness, Balance...

Decisions
Action For Smokefree 2025 and Discovery NZ Ltd - 2024-070; 2024-071 (26 March 2025)
2024-070; 2024-071

The Authority has upheld two complaints from Action for Smokefree 2025 (ASH) about two items on ThreeNews reporting concerns about ASH, including alleged conflicts of interest and its stance on vaping. The Authority agreed the first item (26 July 2024), presented as a ‘special investigation’ into concerns about alleged links between ASH and the ‘pro-vaping’ lobby in Australia, breached the fairness, balance and accuracy standards: the reporter did not fairly inform ASH about the nature of the story or ASH’s contribution to it; ASH’s comments on the issues were not fairly presented, meaning the item was unbalanced; and, collectively, a number of statements and the presentation of ASH’s position created a misleading and unfairly negative impression of ASH....

Decisions
Engleby and Discovery NZ Ltd - 2021-118 (1 December 2021)
2021-118

The Authority has not upheld a complaint that a clip of members of Action Zealandia shown in the documentary Patrick Gower: On Hate breached the fairness standard. The clip, approximately four seconds long, showed several unidentifiable members walking with a flag bearing Action Zealandia’s symbol. The complainant alleged that the broadcast unfairly associated the group with terrorism, and that Action Zealandia should have been given the opportunity to comment. The Authority considered the group’s participation was minor in the context of the broadcast. The broadcaster was therefore not required to inform Action Zealandia that the clip would be featured. It further found that the broadcaster was not obliged to give Action Zealandia an opportunity to comment as part of the documentary. Not Upheld: Fairness...

Decisions
Benefield and Discovery NZ Ltd - 2023-069 (16 January 2024)
2023-069

The Authority has declined to determine a complaint that a promo for ThreeNow programme I am Jazz breached multiple standards. The Authority has previously considered similar complaints concerning the inclusion of members of the rainbow community, including trans people, in programmes and saw no reason to depart from previous findings concerning this matter. Decline to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Offensive and Disturbing Content, Children’s Interests, Balance, Accuracy...

Decisions
Wishart and Discovery NZ Ltd - 2024-086 (26 March 2025)
2024-086

The Authority has not upheld a complaint that a ThreeNews item breached the accuracy standard by claiming a 24-hour period in October 2024 was Dunedin’s ‘wettest day in a century’. In the context of an 11-minute live broadcast reporting on a regional state of emergency, the comments did not amount to material points of fact. Their inclusion would not have affected viewers’ understanding of the overall item, as its purpose was to provide information to New Zealanders following a natural disaster. Further, live reporting on extreme weather events carries high public interest, and this broadcast did not create harm at a level justifying restriction of the broadcaster’s freedom of expression. Not Upheld: Accuracy...

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