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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
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
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
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
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
Dobson and Discovery NZ Ltd - 2022-140 (7 March 2023)
2022-140

The Authority has declined to determine a complaint alleging AM breached the accuracy and balance standards. The programme included an interview with Opposition Leader Christopher Luxon, where the presenter read Luxon a series of words the public associated with him. The host then asked Luxon’s opinion on the ‘some of the worst’ words the public had associated with Prime Minster Jacinda Ardern. The Authority considers the broadcaster adequately addressed the complaint in the first instance, and declines to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to determine (section 11(a) of the Broadcasting Act 1989 –  trivial): Accuracy, Balance...

Decisions
Udy and Discovery NZ Ltd - 2022-077 (19 October 2022)
2022-077

The Authority has not upheld a complaint regarding comments made by Louise Wallace about overweight people, during a panel discussion on AM. The complaint was that the comments were in extremely bad taste and denigrating and discriminatory towards ‘fat women’ in particular. The Authority accepted the comments clearly had the potential to offend. However, noting in particular that the programme hosts challenged Wallace’s comments and made countering remarks, the Authority concluded that the comments did not meet the high threshold for finding the broadcast caused harm at a level that justified regulatory intervention or restricting freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency...

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
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
Girardin and Discovery NZ Ltd - 2023-039 (9 August 2023)
2023-039

The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards. Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration...

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
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
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
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
Alexander and Discovery NZ Ltd - 2023-076 (29 November 2023)
2023-076

An item on Paddy Gower Has Issues investigated the predator control of feral cats, and discussed whether or not feral cats should be included in the Predator Free 2050 strategy. The broadcast included footage of feral cats being trapped and shot, and people carrying, and holding up the carcasses. The Authority did not uphold the complaint the broadcast breached multiple standards, finding relevant footage was clearly signposted by the host, who provided two warnings to viewers about the content. Viewers were therefore given a reasonable opportunity to make a different viewing choice for themselves or children in their care. The footage depicted no undue cruelty or suffering, and while some viewers may have found it unpleasant to watch, the broadcast of hunting and pest control footage is generally acceptable in New Zealand provided it does not depict undue cruelty....

Decisions
GS and Discovery NZ Ltd - 2023-090 (29 November 2023)
2023-090

The Authority has not upheld a complaint that it was inaccurate and unbalanced for an item on Newshub Live at 6pm to claim there are two main ways to teach literacy in New Zealand when there are several. The item concerned the National Party’s proposed policy to make ‘structured literacy’ the compulsory teaching method in New Zealand schools. The Authority found the simplified statement was materially accurate, and any technical inaccuracy in the description of literacy teaching methods would not have affected the audience’s understanding of the programme as a whole. In the context of a brief news item, focused on National Party policy, the Authority also considered the item to have included sufficient perspectives on the issue of literacy teaching methods. Not Upheld: Accuracy, Balance...

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
Buchanan and Discovery NZ Ltd - 2022-087 (26 October 2022)
2022-087

The Authority has not upheld a complaint under the accuracy standard in relation to an interview on AM with Dr Russell Norman about agricultural emissions. The complainant alleged Dr Norman’s statements concerning dairy cow numbers, the herd getting larger, and the amount of effluent produced by cows were inaccurate. The Authority found two of the statements were materially accurate and would not have misled the audience, and the third was analysis, comment or opinion to which the accuracy standard does not apply. 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...

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