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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
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
McDonald and Discovery NZ Ltd - 2020-102 (28 January 2021)
2020-102

The Authority did not uphold a complaint about a Newshub item interviewing two ‘dare-devils’ who engage in ‘roof-topping’, an activity which the New Zealand Police issued a ‘stern’ warning about. The Authority found the item did not actively promote or glamorise illegal behaviour as it was made clear the activity was illegal and ill-advised. The remaining standards either did not apply or were not breached in the context. Not Upheld: Law and Order, Children’s Interests, Good Taste and Decency, Alcohol, Balance...

Decisions
Millar and Discovery NZ Ltd - 2021-064 (24 August 2021)
2021-064

The Authority has not upheld a complaint about a comment referring to a sex act during an episode of New Zealand Today, which the host and interviewee both laughed at. The programme was classified 16-LSC, preceded by a full-screen warning and screened at 9pm. Given audience expectations for the programme, the classification, the warning and the scheduling, the Authority found the comment would not cause widespread undue offence and audiences were able to make their own viewing choices. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Discrimination and Denigration...

Decisions
Gibson and Discovery NZ Limited - 2021-096 (27 October 2021)
2021-096

A promo of Killer Couples was aired during the programme Drop Dead Fred at 7. 49pm. The Authority did not uphold a complaint the promo breached the good taste and decency, children’s interests and violence standards. The Authority found the promo was unlikely to cause widespread undue offence or distress and did not go beyond what was expected in a PG classification. It also found the promo did not include any violent content as envisaged by the violence standard. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Decisions
Summerfield and Discovery NZ Ltd - 2021-097 (27 October 2021)
2021-097

The Authority has not upheld a complaint that comments made by Dr Michael Baker and Hon Chris Hipkins during interviews on The AM Show were inaccurate and misleading. When asked (in separate interviews) whether there had been any severe adverse reactions to the COVID-19 Pfizer vaccination recorded in New Zealand, Dr Baker stated he was not aware of any, while Mr Hipkins stated there had been ‘a handful of people’ and ‘a few’ that had experienced side effects in general. At the time of the broadcasts, there were 180 serious adverse reactions that had been reported, 0. 02% of the total doses administered. The Authority found that Dr Baker’s statements were comment, analysis or opinion to which the accuracy standard does not apply....

Decisions
Redshaw and Discovery NZ Ltd - 2022-045 (21 June 2022)
2022-045

The Authority has not upheld a complaint that a broadcast of The Project breached the accuracy standard. It stated Joe Rogan had taken ‘horse wormer ivermectin as a COVID treatment’. The Authority found the accuracy standard was not breached as the statements were materially accurate and not misleading. Not Upheld: Accuracy...

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
Hector and Discovery NZ LTD - 2020-120 (9 February 2021)
2020-120

The Authority has not upheld a complaint about an episode of The Project in which Jesse Mulligan presented his view on whether New Zealand should ‘be more like Sweden’ in responding to COVID-19. Mr Mulligan stated ‘[Sweden's] number of COVID cases is actually going up, the virus is not under control and although their deaths are down, they're seeing more infections every day’. Mr Mulligan’s statement was not materially inaccurate and was unlikely to mislead viewers in the context, including given the wealth of other coverage and commentary available. The potential harm did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

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
Kirke and Discovery NZ Ltd - 2021-020 (29 June 2021)
2021-020

The Authority has not upheld a complaint about a remark ‘there will probably be some racists tuning in’ in reference to the English greeting following ‘kia ora koutou katoa’ during a comedy skit shown on The AM Show. The complainant alleged this was ‘racist’ and the broadcaster should apologise to ‘all English-speaking people’. The Authority found ‘English-speaking people’ are not a section of society to whom the standard applies. In any event, the comment was not directed specifically at English speakers, it was satirical and it would not have met the threshold required for a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Chambers and Discovery NZ Ltd - 2021-108 (17 November 2021)
2021-108

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, which discussed a draft film script for the proposed film They Are Us, based on events surrounding the Christchurch terror attack on 15 March 2019. The complainant considered comments made during the broadcast, such as that the script was ‘a misleading and dishonest Americanisation of what happened in this country’ were derogatory towards Americans, and breached the discrimination and denigration standard. The Authority acknowledged the comments had the potential to cause offence, but found they 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
West and Discovery New Zealand Ltd - 2022-038 (21 June 2022)
2022-038

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

Decisions
McDonald and Discovery NZ Ltd - 2022-065 (23 August 2022)
2022-065

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and 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
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
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
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
Hogan and Discovery Ltd - 2021-089 (10 November 2021)
2021-089

The Authority has not upheld a complaint alleging an item on Newshub Live at 6pm breached the accuracy standard. The item reported on inconsistencies and ‘a backdown of sorts’ regarding a discussion document on proposed changes to hate speech laws in New Zealand. The Prime Minister and Justice Minister were accused of contradicting each other and the discussion document. As the item was political comment and analysis, the accuracy standard does not apply. Not Upheld: Accuracy...

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...

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