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Decisions
Egan and Discovery NZ Ltd - 2021-002 (2 June 2021)
2021-002

The Authority has not upheld a complaint about an interview on Newshub Nation, featuring electrical engineer and Pike River Mine researcher, Richard Healey. Mr Healey commented on his claims of ‘new crucial evidence’ the miners could have survived the explosions and of the existence of a pipeline which could be used to recover more evidence. The complaint alleged Mr Healey’s claims were speculative and unsupported by evidence, were not challenged by the host and caused emotional harm to the victims’ families. The Authority acknowledged the sensitivity of the matters discussed, which also carried a high degree of public interest. It found the broadcast clearly presented Mr Healey’s claims as one theory and from a particular perspective. The wide range of information and coverage available over a long period of time since the original events reduced any risk of viewers being misled or significantly misinformed....

Decisions
Right to Life New Zealand and Discovery NZ Ltd - 2021-054 (2 August 2021)
2021-054

The Authority has not upheld a complaint about coverage on The AM Show of proposed changes to safe zones around abortion clinics. The statements alleged to be inaccurate were comment, opinion or analysis, to which the accuracy standard does not apply. The balance standard did not apply as the separate news bulletins did not amount to a discussion; and in any event, differing perspectives from Abortion Rights Aotearoa and Voice for Life NZ were included. The fairness standard did not apply. Not Upheld: Accuracy, Balance, Fairness...

Decisions
The New Zealand Forest Owners Association Inc and Discovery NZ Ltd - 2022-022 (26 April 2022)
2022-022

The Authority has not upheld a complaint from the New Zealand Forest Owners Association alleging an item about the sale of a sheep and beef station, Huiarua, to an overseas buyer breached the accuracy and balance standards. The Authority found no breach of the balance standard as the majority of the item was about the sale of a specific piece of land, and the period of interest is ongoing. The broadcaster also noted it would endeavour to include forestry perspectives in future items covering the issue. In context, it was not misleading for the item to not discuss the ‘special forestry pathway’ under the Overseas Investment Act, and the distinction between production forestry and carbon farming was not material to the item. While there were aspects of the issues discussed which were not included in the item, it would not have misled viewers to an extent justifying regulatory intervention....

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
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
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
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
Preston and Discovery NZ Ltd - 2021-011 (11 August 2021)
2021-011

Warning: This decision contains language that some readers may find offensive The Authority has upheld a complaint about the classification and scheduling of an episode of SAS Australia which was classified ‘M’ and screened at 7. 30pm. The episode featured aggression, potentially distressing psychological elements and frequent coarse language (more than 35 instances or variations of ‘fuck’). The Authority found this content warranted a higher classification of ‘16’ rather than ‘M’, a stronger warning for frequent language and a later time of broadcast outside of children’s normally accepted viewing times (after 8. 30pm). It therefore upheld the complaint under the good taste and decency and children’s interests standards, as viewers were not given sufficient reliable information to make an informed viewing choice or exercise discretion. Upheld: Good Taste and Decency, Children’s Interests Not Upheld: Violence No order...

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
Shields and Discovery NZ Ltd - 2022-046 (21 June 2022)
2022-046

The Authority has not upheld a complaint alleging an item on AM breached several standards including accuracy. The broadcast attributed several acts of violence against police, during the February–March 2022 protest and occupation of Parliament grounds, to protesters. The complainant stated there was no evidence the events occurred, and that there was no evidence the violence was caused by protesters. The complainant also submitted the broadcast implied a reporter was ‘manhandled’ on Parliament grounds when in fact she was on Lambton Quay. The Authority found the broadcast was not materially misleading and the broadcaster made reasonable efforts to ensure accuracy. The fairness and discrimination and denigration standards did not apply. Not Upheld: Accuracy, Fairness, 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
Wilson and Discovery NZ - 2021-026 (21 July 2021)
2021-026

The Authority has not upheld a complaint a news item about sex workers and escorts opening up about their work on social media breached the good taste and decency, children’s interests and programme information standards. The Authority noted the public interest in the broadcast and considered the content was within audience expectations for the news. In this context, the Authority found the item was unlikely to cause widespread offence or undermine community standards. The Authority also found the introduction to the item was sufficient to inform viewers of the nature of the coverage, enabling them to adequately protect themselves and their children from the content by choosing not to watch. Not Upheld: Good Taste and Decency, Children’s Interests, Programme Information...

Decisions
Hall and Discovery NZ Ltd - 2021-051 (6 September 2021)
2021-051

The Authority did not uphold a complaint about a segment on 7 Days which made a joke referring to a picture of Prince Philip, shortly after his death. The Authority found the segment did not contain any material outside of what viewers could reasonably expect from the programme (as a long-running comedy show based on finding comedic elements in the news of the week, audiences are well-familiar with its format and style of content and humour), and did not cause any harm justifying the restriction of freedom of expression. Not Upheld: Good Taste and Decency...

Decisions
Allison and Discovery NZ Ltd - 2020-142 (16 March 2021)
2020-124

The Authority did not uphold a complaint that use of the term ‘wanker’ was inappropriate and offensive in breach of the good taste and decency standard. Taking into account the relevant contextual factors, the use of the term was unlikely to cause widespread undue offence, or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

Decisions
Julian and Discovery NZ Ltd - 2020-152 (20 April 2021)
2020-152

The Authority has not upheld a complaint that an item summarising latest election poll results on Newshub breached the accuracy standard. The standard applies only to statements of fact, and the statements in question were clearly distinguishable as news analysis. Not Upheld: Accuracy...

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
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
HJ and Discovery NZ Ltd - 2021-110 (1 December 2021)
2021-110

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached....

Decisions
Samson and Discovery NZ Ltd - 2023-010 (12 April 2023)
2023-010

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the discrimination and denigration standard. The item reported on the appointment of Chris Hipkins and Carmel Sepuloni as the new Prime Minister and Deputy Prime Minister, and discussed the high levels of diversity in the top four positions in Cabinet. Later in the segment, the political editor stated ‘you can’t have two white guys from Wellington at the top in this day and age’, in reference to why she believed Grant Robertson had not been named Deputy Prime Minister. The Authority found the comments were a genuine expression of the political editor’s opinion, and 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
McDonald and Discovery NZ Ltd - 2020-115 (28 January 2021)
2020-115

The Authority declined to determine three complaints as they did not raise clear concerns capable of being addressed by the complaints process. Decline to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Good Taste and Decency, Children’s Interests, Violence, Alcohol, Accuracy...

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