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Decisions
Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

Decisions
TC and Discovery NZ Ltd - 2021-047 (29 June 2021)
2021-047

The Authority has not upheld a privacy complaint about an episode of David Lomas Investigates, which covered the story of a woman who as a baby was found on the footpath wrapped in newspaper. In two segments, Mr Lomas visited the address at which the baby was reportedly found, and during the course of the programme disclosed the street, suburb and city. Two letterbox numbers at the bottom of an entrance path and steps were also shown ‘at the next property’, as an example of what the address may have looked like when the baby was found (before construction of the new building on the property). The complainant argued this breached her privacy as the programme disclosed her full address and filmed her property without notifying her or asking for permission....

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...

Decisions
Pemberton and Discovery NZ Ltd - 2023-034 (14 June 2023)
2023-034

The Authority has declined to determine an accuracy complaint about a news item 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
Solanki and Discovery NZ Ltd - 2023-063 (18 October 2023)
2023-063

The Authority has not upheld a complaint a discussion between the hosts of AM and an interview with Prime Minister Chris Hipkins breached multiple standards for including statements from the hosts questioning the usefulness and purpose of Government inquiries into various sectors. The Authority found the balance and fairness standards were not breached as the interview with Hipkins provided an alternative viewpoint, and allowed Hipkins to comment on the Government’s reasoning for the inquiry. The accuracy standard did not apply, as the comments were analysis, commentary and opinion, and the discrimination and denigration, and offensive and disturbing content standards either were not breached or did not apply. Not Upheld: Balance, Accuracy, Fairness, Offensive and Disturbing Content, Discrimination and Denigration...

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
Joubert-Buys and Discovery NZ Ltd - 2021-156 (16 February 2022)
2021-156

The Authority has declined to determine a complaint about the comments something was ‘hated with the passion of a thousand Christs’ and ‘for the love of God’. The Authority has found on numerous occasions the use of ‘Jesus Christ’ or similar terms as an exclamation does not amount to a breach of standards. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

Decisions
Creedy and Discovery NZ Ltd - 2022-097 (26 October 2022)
2022-097

The Authority has not upheld a complaint regarding comments made by the presenters of The Project about Taika Waititi and Chris Hemsworth. The presenters asked Kanoa Lloyd, who was at the Sydney premiere of Thor: Love and Thunder, about her experience interviewing the actors and ‘which one was hotter’ of the two. Lloyd said she embarrassed herself in front of the actors as she was talking about Hemsworth’s butt in the interview and that she preferred Hemsworth ‘just because I've seen the full Chris, and that's hotter to me’. The complainant considered the discussion was inappropriate ‘in our current #metoo society’. The Authority acknowledged societal issues surrounding sexual harassment and concerns regarding the normalisation of female-to-male sexual objectification. However, the comments in this instance did not go beyond audience expectations of The Project....

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
Connolly and Discovery NZ Ltd - 2021-037 (11 August 2021)
2021-037

The Authority has not upheld a complaint that a comment made by the Hon. Debbie Ngarewa-Packer about the BMI test being ‘crafted by white supremacists’ breached the discrimination and denigration standard. Ms Ngarewa-Packer’s comment was a genuine expression of her opinion on a matter of public interest – possible discrimination in access to public funding for IVF treatment. The standard, which has a high threshold, was not intended to prevent the broadcast of such opinions, the Authority found. Not Upheld: Discrimination and Denigration...

Decisions
Dent and Discovery NZ Ltd - 2022-131 (7 March 2023)
2022-131

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on the results of the Transport and Accident Investigation Commission’s investigation into a fatal mid-air collision at an unattended aerodrome. The complainant alleged the broadcast was inaccurate and unbalanced in its reporting that ‘dangers’ (such as the non-compliant procedure that had contributed to the crash) were occurring at other unattended aerodromes. The Authority found the broadcast accurately reflected the results of the investigation and the broadcast did not discuss a controversial issue of public importance for the purpose of the balance standard. Not Upheld: Accuracy, Balance...

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
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
Smith-West and Discovery NZ - 2022-110 (20 December 2022)
2022-110

An item on Newshub Live at 6pm reported on artist Tāme Iti correcting the spelling of his name on an artwork by Dean Proudfoot. After the item aired, the host commented ‘fair enough. ’ The complainant considered this comment breached the promotion of illegal or antisocial behaviour standard by justifying Iti’s actions, thereby encouraging illegal behaviour (alleged vandalism). The Authority did not uphold the complaint, finding the brief, off the cuff comment was unlikely to encourage illegal or antisocial behaviour. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

Decisions
Boyce and Discovery NZ Ltd - 2021-144 (16 February 2022)
2021-144

The Authority has not upheld a complaint about a report regarding a heckler at a press conference by Prime Minister Jacinda Ardern, as the balance standard did not apply. It also found a report featuring footage of beach handball players’ uniforms did not breach the good taste and decency standard as the clip was not likely to undermine current norms of good taste and decency and the footage was justified in context. Not Upheld: Balance, Good Taste and Decency...

Decisions
McKinley and Discovery NZ Ltd - 2022-040 (18 May 2022)
2022-040

The Authority has declined to determine a complaint alleging R&R breached the good taste and decency, discrimination and denigration, accuracy and fairness standards. The programme discussed Aotearoa New Zealand’s colonial history. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy, Fairness...

Decisions
Jacobson and Discovery NZ Ltd - 2024-083 (12 February 2025)
2024-083

The Authority has not upheld a complaint about a ThreeNews item reporting on Donald Trump’s unsubstantiated allegations about Haitian immigrants eating domestic pets, and on Winston Peters having also previously ‘campaigned against the consumption of dog meat’ and ‘[sold] himself as the saviour of pets’. The complainant considered this item breached the accuracy standard because it depicted Peters’ concerns as equivalent to Trump’s unfounded claims, which was materially misleading. The Authority found the broadcast did not portray Peters’ claims in a misleading or inaccurate manner. Although Trump and Peters were cited as having made contentious comments and selling themselves as ‘saviours of pets’, the broadcast did not present evidence to suggest Peters’ claims were unfounded or that he was an object of ridicule. The broadcast clearly outlined Peters’ assertions and the context of those claims....

Decisions
Pepping and Discovery NZ Ltd - 2025-021 (30 June 2025)
2025-021

This complaint concerns a competition promo for Vince during ThreeNews including scenes of the main character sitting apparently naked in a bathroom stall and standing with a group of people in front of a banner labelled ‘CASH FOR THE CANCER KIDS’ when his trousers fall down. The Authority did not uphold a complaint the promo breached the children’s interests standard due to nudity, noting Vince’s buttocks and genitals were pixelated and there was no suggestion of sexual behaviour. The Authority found the promo was appropriate for broadcast during an unclassified news programme and did not require an advisory. It also found the promo was unlikely to cause widespread undue offence or distress and did not promote illegal or serious antisocial behaviour. Not Upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour...

Decisions
Jameson and Discovery NZ Ltd - 2023-046 (30 August 2023)
2023-046

The Authority has not upheld a complaint that a joke made on 7 Days breached the offensive and disturbing content standard. The show featured a segment where comedians were asked to come up with scary kids’ shows, to which one of the responses was ‘High School Musical 4: The Active Shooter. ’ The complainant alleged this joke was offensive due to recent school shootings in the United States. The Authority found the joke was not outside of audience expectations for the programme, and the nature of the content was sufficiently signposted through audience advisories. In this context, the joke was not likely to widespread undue offence or distress, or undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

Decisions
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...

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