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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
Bowkett and Discovery NZ Ltd - 2020-103 (21 December 2020)
2020-103

The Authority has not upheld a complaint regarding the question ‘How can anyone trust anything that you say? ’ put to Dr Ashley Bloomfield, Director-General of Health, following the positive tests of two women who were released from managed isolation on compassionate grounds. Dr Bloomfield’s answers to the question (which was posed twice) were shown on-air. Viewers would not have been left with an unduly negative impression of him. As a public health official he is reasonably subject to robust scrutiny, especially during a pandemic. The fairness standard was accordingly not breached and the remaining standards did not apply. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Hoare and Discovery NZ Ltd - 2020-136 (9 March 2021)
2020-136

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, in which Prince Charles’ Duchy of Cornwall fund was described as ‘essentially his private slush fund’. The complaint was that this description was inaccurate and suggested illegal practices. In the context, given the public’s general understanding of ‘slush fund’, and the discretionary nature of the Duchy of Cornwall fund, the Authority found the use of the term was not inaccurate or misleading. The Authority also found this term did not undermine widely held community standards, and the balance standard did not apply. Not Upheld: Accuracy, Good Taste and Decency, Balance...

Decisions
Wade and Discovery NZ Ltd - 2022-018 (11 April 2022)
2022-018

The Authority has not upheld a complaint about a joke made during the studio introduction to a report on a fire at The Great Western Racecourse in Victoria, Australia. The complainant alleged the comment ‘Well, the hottest tip in horse racing in Australia yesterday was “save your car from the flames” and it wasn't the name of a horse’ was mocking and in poor taste. The Authority found as the item itself was serious, no people or animals were hurt and the joke did not directly mock fire or property damage, it did not breach the good taste and decency standard. Not Upheld: Good Taste and Decency...

Decisions
Gebbie and Discovery NZ Ltd - 2022-073 (23 August 2022)
2022-073

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the discrimination and denigration standard in its discussion of the social media and wider impact of the Johnny Depp-Amber Heard defamation trial. The Authority noted the issue of the genders of victims and perpetrators of domestic violence was not the focus of the broadcast, and it did not reach the high threshold of condemnation necessary to find a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Van Peursem & Fox and Discovery NZ Ltd - 2021-056 (24 August 2021)
2021-056

The Authority has not upheld two complaints about an item on The Project. A presenter commented ‘I think happily we don’t have many Americans in New Zealand so we probably won’t end up in that situation’, in response to a question from another presenter, about whether New Zealanders would start demanding a right to bear arms as in the United States, in light of a recent knife attack. The complainants alleged these comments were discriminatory against 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
Cumin and Discovery NZ Ltd - 2021-068 (13 October 2021)
2021-068

The Authority has not upheld a complaint about an item on The Project examining the history of violence and conflict between Israelis and Palestinians and ‘what’s different this time’. The complainant alleged the maps illustrating the dispossession of Palestinian land were inaccurate, minimised original Jewish land, minimised current Palestinian land, and perpetuated ‘lies that are used to delegitimise the State of Israel’. The Authority acknowledged that Israeli and Palestinian entitlement to land is a highly sensitive and contested issue. It found the maps contained some inaccuracies and the broadcaster had not made sufficient effort to ensure their accuracy. However, any inaccuracies were unlikely to significantly affect the audience’s understanding of the programme as a whole. In addition, the value in theexpression in the broadcast meant regulatory intervention was not justified in this instance. The Authority reminded broadcasters of the importance of accuracy and consistency when reporting on this issue....

Decisions
Hall and Discovery NZ Ltd - 2020-159 (22 June 2021)
2020-159

The Authority has not upheld a complaint about an item on The Project, which discussed the financing of the Government’s $50 billion COVID-19 rescue and recovery budget. It suggested New Zealanders are borrowing this money from the Central Bank in the form of payment for Government bonds. The complainant argued this was inaccurate because New Zealanders are borrowing the money from private institutions. He also complained the broadcast confused direct monetary financing with quantitative easing by suggesting the Reserve Bank was buying bonds directly from the Government (rather than from private institutions). The Authority found the broadcast was materially accurate overall and unlikely to mislead viewers. Not Upheld: Accuracy...

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
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
Greyhound Racing New Zealand and Discovery NZ Ltd - 2023-073 (31 January 2024)
2023-073

The Authority has partially upheld a complaint in relation to the accuracy of a Newshub Live at 6pm item about a person alleged to have harmed greyhounds. It alleged details about the accused were inaccurate and images of an unrelated dog accompanying the report were misleading. The Authority found the relevant details regarding the accused were not materially inaccurate. It found the broadcaster was correct in upholding the complaint initially in relation to the images used, but action taken in response was not sufficient to remedy the likely reputational damage to the handler and industry. The Authority held publication of this decision was sufficient remedy for the breach in all the circumstances. Upheld: Accuracy (Action Taken) No Orders...

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
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
Stamilla and Discovery NZ Ltd - 2023-107 (20 February 2024)
2023-107

The Authority has not upheld a complaint that comments made by the Political Editor on Newshub Live at 6pm referring to ‘New Zealand Loyal conspiracy candidate Liz Gunn’s party of two” breached broadcasting standards. The Authority found that the balance standard did not apply. It also found the comment was not unfair noting the party could reasonably expect such robust commentary in the lead up to an election and the party leader had previously described it as a ‘compliment’ to be referred to as a conspiracy theorist. Not Upheld: Balance, Fairness...

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
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
Ashton, Hickson & Speak Up For Women and Discovery NZ Ltd - 2023-028 (9 August 2023)
2023-028

The Authority has not upheld complaints that the action taken by Warner Bros. Discovery in response to a breach of the accuracy and fairness standards – during a Newshub Live at 6pm item on Immigration New Zealand’s decision to allow Posie Parker’s entry to New Zealand – was insufficient. The broadcaster upheld the complaints relating to a clip of Parker, which the reporter stated had been blurred because Parker was ‘using a hand signal linked to white supremacists’. The broadcaster conceded that blurring Parker’s hands was potentially misleading as it prevented audiences from making their own assessment of the footage, and potentially unfair as Parker’s intention was unclear. The broadcaster removed the video in the online version of the story and replaced it with a clip of Parker’s position on neo-Nazis, which the Authority found was sufficient and proportionate action in the circumstances....

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
Rohrbeck and Discovery NZ Ltd - 2022-092 (5 October 2022)
2022-092

The Authority has not upheld a complaint regarding an item on The Project discussing whether nurses who were not vaccinated against COVID-19 should return to the workforce given staff shortages. The complainant stated the broadcast breached the offensive and disturbing content standard, as well as other standards, as it encouraged division in Aotearoa New Zealand and the presenters’ comments were ‘uncalled for and unfair’. The Authority found the comments reflected the presenters’ opinions and were unlikely to cause widespread disproportionate offence or distress or otherwise undermine widely shared community standards. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Accuracy, Fairness...

Decisions
Wishart and Discovery NZ Ltd - 2024-086 (26 March 2025)
2024-086

The Authority has not upheld a complaint that a ThreeNews item breached the accuracy standard by claiming a 24-hour period in October 2024 was Dunedin’s ‘wettest day in a century’. In the context of an 11-minute live broadcast reporting on a regional state of emergency, the comments did not amount to material points of fact. Their inclusion would not have affected viewers’ understanding of the overall item, as its purpose was to provide information to New Zealanders following a natural disaster. Further, live reporting on extreme weather events carries high public interest, and this broadcast did not create harm at a level justifying restriction of the broadcaster’s freedom of expression. Not Upheld: Accuracy...

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