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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
O’Neill and Discovery NZ Ltd - 2022-085 (12 October 2022)
2022-085

The Authority has declined to determine a complaint regarding a broadcast including an interview with a lawyer who was represented as a ‘political commentator’. The complainant made several unsubstantiated allegations to the effect the lawyer was corrupt, and the broadcaster should have disclosed their alleged corruption. The Authority considered the complaint should not be determined in the circumstances as it amounted to the complainant’s personal preference on who should be interviewed, and how they should be portrayed, which are matters of editorial discretion not capable of being resolved by the broadcasting standards complaints process. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Law and Order, Balance...

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
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
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
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
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
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
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
Huriwai and Discovery NZ Ltd - 2022-061 (2 August 2022)
2022-061

A segment on AM interviewed the complainant regarding his documentary, Milked, which focused on the environmental impact of the dairy industry. Following the interview, the presenter interviewed DairyNZ CEO, Dr Tim Mackle, on the same topic. The complainant stated the broadcast breached the fairness standard as he was not informed of Dr Mackle’s involvement and he was not given a right to respond following the interview. The Authority did not uphold the complaint, finding the nature of the broadcast did not materially deviate from what was consented to. The Authority also found the interviews were conducted fairly and the audience would not have been left with a negative impression of the complainant. Not Upheld: Fairness...

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
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
Brown & Sloog and Discovery Ltd - 2024-049 (2 September 2024)
2024-049

The Authority has not upheld a complaint that an episode of Married at First Sight New Zealand breached the offensive and disturbing content standard. The episode featured couples getting ‘married’ at a resort in Vanuatu. It included two scenes (pre- and post-ceremony) of one of the grooms and his groomsman urinating into bushes, with their streams of urine visible. The Authority found the scenes of the men urinating were within audience expectations for the programme, and the nature of the content was sufficiently signposted through audience advisories. In this context, the scenes were not likely to cause widespread undue offence or distress, or undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

Decisions
Danes and Discovery NZ Ltd - 2021-140 (9 February 2022)
2021-140

A promo for Naked and Afraid of Love aired during the programme Aussie Gold Hunters at 5. 56pm on Three. The Authority did not uphold a complaint the promo breached the good taste and decency and children’s interests standards as it was consistent with the PG classification for Aussie Gold Hunters and was unlikely to cause widespread undue offence or distress. Not Upheld: Good Taste and Decency, 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
Taylor and Discovery NZ Ltd - 2022-024 (26 April 2022)
2022-024

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that action taken by Discovery NZ Ltd was insufficient, after it upheld a complaint under the good taste and decency standard about language and behaviour in a live interview on Newshub Live at 6pm. The interviewee was the father of Olympian Zoi Sadowski-Synnott, and was interviewed after her gold medal win. The interviewee used variations of the word ‘fuck’ in his response to questions. The Authority found the decision of the broadcaster to uphold the complaint, apologise and create guidance for live interview guests was adequate action taken given the nature of the breach. Not Upheld: Good Taste and Decency (Action Taken)...

Decisions
Livingstone and Discovery NZ Ltd - 2023-013 (16 May 2023)
2023-013

The Authority has not upheld a complaint that a promo leading to a news report on Newshub Live at 6pm breached the discrimination and denigration standard in its use of the word ‘Aboriginals’ when describing Aboriginal peoples / First Nations peoples in Alice Springs, and for discussing concerns of rising crime in Alice Springs. While acknowledging the description ‘Aboriginals’ rather than ‘Aboriginal people(s)’, is no longer considered appropriate terminology in Australia, the host’s statement was made without malice or nastiness as part of a straightforward news report on rising criminal activity. The broadcaster also advised the complainant’s concern regarding correct terminology has been passed on to the Newshub team. The Authority did not consider regulatory intervention justified in these circumstances. Not Upheld: Discrimination and Denigration...

Decisions
Rolston and Discovery NZ Ltd - 2023-024 (26 July 2023)
2023-024

The Authority has declined to determine a complaint an item on Newshub Live at 6pm breached the accuracy and balance standards, for including a statement linking the Auckland Anniversary floods to climate change. The complainant considered the broadcast should not have contained reference to climate change, and that climate change should not be presented as fact. Given the Authority has previously found the existence of climate change caused by humans is not a controversial issue of public importance for the purpose of the balance standard, and the accuracy standard is only concerned with material statements of fact, 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 the complaint should not be determined): Accuracy, 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...

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