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Decisions
Jelavich and MediaWorks TV Ltd - 2015-081 (28 January 2016)
2015-081

Summary[This summary does not form part of the decision. ]The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. The Authority did not uphold a complaint about this language. As the film was classified Adults Only, was preceded by a comprehensive warning and broadcast at 8. 30pm, the Authority found the broadcaster clearly informed viewers about the nature of the film and adequately considered the interests of children. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. [2] Rolfe Jelavich complained about the ‘frequent foul language’ broadcast at a time when children could be watching....

Decisions
Grieve and MediaWorks TV Ltd - 2016-019 (25 July 2016)
2016-019

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

Decisions
Evans and MediaWorks TV Ltd - 2018-092 (24 April 2019)
2018-092

The Authority has upheld a complaint about a broadcast of The DailyMail TV, finding that footage broadcast during the programme was inappropriate for the PGR classification and time of broadcast, and required an audience advisory for disturbing content. The programme was broadcast at 3. 30pm on a weekday, and featured partially censored footage of an American stabbing victim in the moments before she died. While the woman’s injuries were blurred, her distressed facial expression and blood splatters on the floor were visible. A second story featured censored footage of two 19-year-old women who claimed they had been drugged, filmed inside a bar naked and allegedly performing sex acts. The Authority found that this content went beyond what could be expected from a PGR-classified programme broadcast during children’s normally accepted viewing times and that the programme should have been classified AO – Adults Only....

Decisions
Lowes and MediaWorks TV Ltd - 2019-064 (16 December 2019)
2019-064

During a segment on The AM Show that discussed immigration to New Zealand host Mark Richardson said: ‘we’re clearly not getting enough English immigrants to become traffic officers’. The Authority did not uphold a complaint that Mr Richardson’s comment was discriminatory to nationalities that are ‘not English’ in breach of the discrimination and denigration standard. The Authority found the complainant did not identify a ‘section of the community’ for the purposes of the standard. The Authority also found that, considering audience expectations of The AM Show and Mr Richardson, the light-hearted nature of the comment and other contextual factors, the comment did not reach the threshold required to be considered discriminatory or denigratory. Not Upheld: Discrimination and denigration...

Decisions
South Waikato District Council and MediaWorks TV Ltd - 2018-022 (10 August 2018)
2018-022

Summary[This summary does not form part of the decision. ]An item on The Project discussed the building of a new gambling venue in Tokoroa set to contain 30 gambling machines (‘pokies’). The segment was critical of the South Waikato District Council’s (SWDC) role in the authorisation of this new venue, and also one of the Councillors’ roles as both a Councillor and manager of one of the clubs involved in the creation of the proposed new venue. The following evening one of the programme hosts issued an on-air apology to the Councillor, clarifying inaccurate statements made about their involvement in the decision-making process. The Authority upheld SWDC’s complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. The Authority found that the statement the following night did not remedy the harm caused to SWDC by the broadcast, only the Councillor....

Decisions
O'Shaughnessy and MediaWorks TV Ltd - 2014-086
2014-086

Summary [This summary does not form part of the decision. ] During The Paul Henry Show, Mr Henry read out a fan’s letter about her ‘lactating boobies’ and made sexually suggestive remarks about her. Later, he used the word ‘fucked’, and during a live cross a woman burst in front of the camera and said, ‘West side, fuck her in the pussy’. The Authority did not uphold the complaint that these comments were unsuitable for broadcast. Taking into account relevant contextual factors, including the broadcaster’s limited control over live content, the material did not reach the high threshold necessary to breach standards of good taste and decency. Not Upheld: Good Taste and Decency, Responsible Programming Introduction [1] During The Paul Henry Show, Mr Henry read out a fan’s letter about her ‘lactating boobies’ and made sexually suggestive remarks about her. Later in the programme he used the word ‘fucked’....

Decisions
Dewhurst and MediaWorks TV Ltd - 2019-109 (7 May 2020)
2019-109

A complaint that an episode of The AM Show breached the balance standard was not upheld. The episode featured multiple segments that addressed various climate change related issues including interviews with a Fonterra representative about its sustainable farming practices, an interview with sailors Peter Burling and Blair Tuke about their marine conservation initiative ‘Live Ocean’ and a panel discussion about the recently founded Sustainable New Zealand Party. The Authority found that while climate change issues are controversial issues of public importance, none of the segments amounted to unbalanced discussions for the purposes of the standard. Not Upheld: Balance...

Decisions
Dewhurst and MediaWorks TV Ltd - 2015-040
2015-040

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]An episode of Re-Think featured a panel discussion about how to encourage people to care about, and take action on, climate change. The Authority did not uphold a complaint that the item lacked balance because it did not present the view that climate change is natural and not caused by humans. The item was clearly framed from the outset as not delving into the controversial aspects of climate change or its causes, so viewers would not have expected a balanced debate about those issues. Rather, the programme brought the topic down to a community level and offered practical lifestyle tips....

Decisions
Tempero and MediaWorks TV Ltd - 2019-011 (7 May 2019)
2019-011

The Authority has not upheld a complaint that a Newshub item, which featured blurred footage of a child, was in breach of the children’s interests standard. The item reported on the conviction of a British tourist for stealing from a service station and featured blurred footage of the woman’s child as the pair exited a New Zealand court. The Authority noted that the children’s interests standard is designed to protect children when viewing and listening to broadcasts. Complaints about children featured in broadcasts are more appropriately dealt with under other standards. In any event, there was no material in this item that might have adversely affected child viewers....

Decisions
End-of-Life Choice Society NZ and MediaWorks TV Ltd - 2020-094 (1 October 2020)
2020-094

The End-of-Life Choice Society NZ (EOLCS) complained about an item on The Project which included an interview with the author of the book, The Final Choice, in the lead-up to the binding End of Life Choice referendum. EOLCS was concerned that the interview portrayed the book as ‘an independent assessment of the issue’, which was biased and inaccurate. The Authority noted its role is limited to applying the relevant broadcasting standards and guidelines and determining whether any harm was caused which outweighed the right to freedom of expression; it is not the Authority’s role to determine whether the author is ‘independent’, or her personal view on the topic....

Decisions
Grylls and Dietitians New Zealand and MediaWorks TV Ltd - 2014-076
2014-076

Summary [This summary does not form part of the decision. ] An item on 3rd Degree considered a controversial and increasingly popular high fat and low carbohydrate diet. The Authority did not uphold complaints that the item was unbalanced and inaccurate because it was more favourable to the ‘pro-fat’ side of the debate. The broadcaster clearly made efforts to interview experts on both sides of the debate, and viewers were left to make up their own minds or seek further information about the merits of the diet. Not Upheld: Controversial Issues, Accuracy, Fairness Introduction [1] An item on 3rd Degree considered a controversial and increasingly popular high fat and low carbohydrate diet. A reporter interviewed a number of experts, and also talked to several people who had experienced weight loss and health benefits from the diet. The item aired on TV3 on 23 April 2014....

Decisions
Malone and Mediaworks TV Ltd - 2019-087 (4 February 2020)
2019-087

The Authority did not uphold a complaint that the use of the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ in a Newshub segment that reported on these products, their availability and the fact they have been responsible for a large number of deaths in New Zealand recently breached the accuracy standard. The Authority found that while these products do not contain actual cannabis, the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ are commonly used to describe them, both by agencies like the Ministry for Health and the NZ Drug Foundation, and also by the media. Therefore, the Authority did not consider it likely viewers would be significantly misinformed by their use in this broadcast. Not Upheld: Accuracy...

Decisions
Nally and MediaWorks TV Ltd - 2019-107 (7 April 2020)
2019-107

The Authority has not upheld a complaint that a segment on Newshub regarding the Invercargill Licensing Trust Group (ILT) was inaccurate. The item reported on the ILT’s history, purpose and its funding of community projects and ventures. The Authority found that the segment was unlikely to significantly misinform or mislead viewers regarding the ILT. The Authority also found that none of the issues raised by the complainant amounted to a material inaccuracy for the purposes of the accuracy standard. Not Upheld: Accuracy...

Decisions
Lethborg and MediaWorks TV Ltd - 2019-053 (10 October 2019)
2019-053

The Authority has not upheld a complaint that a comment made by Dai Henwood referring to the Mountain City Fiddlers breached the good taste and decency and children’s interests standards. The comment, which was made while introducing a country music-themed section in Dancing with the Stars, was found to be within audience expectations for the programme, the presenter, and PGR programmes in general. It was unlikely to cause widespread offence or adversely affect child viewers, and did not reach the threshold requiring regulatory intervention. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Yukich and Mediaworks TV Ltd - 2019-080 (4 February 2020)
2019-080

The Authority has not upheld a complaint that a joke on The Project referring to Mark Lundy breached the good taste and decency standard. After an introductory remark referring to Mr Lundy’s latest appeal, a photo was shown of a car number plate reading ‘I DID IT’, and presenter Jesse Mulligan joked that Mr Lundy ‘may want to re-think the car he’s using to get to and from court’ and referred to the car ‘travelling at a very high speed’. Diana Yukich complained that the joke was in poor taste as it made light of domestic violence by alluding to Mr Lundy’s crimes, and undermined the work being done to counter violence against women....

Decisions
Lange and MediaWorks TV Ltd - 2020-132 (14 October 2020)
2020-132

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included very brief footage of a young person using a hand-held grinder without a guard. The complaint was that this was contrary to health and safety guidelines and promoted poor industrial practice. Noting the clip was fleeting and peripheral to the overall nature and purpose of the advertisement, the Authority did not find any breach of broadcasting standards. No actual or potential harm was caused in terms of the objectives of the applicable standards that outweighed the importance of freedom of expression and free political speech in the lead up to the general election. Not Upheld: Election Programmes Subject to Other Codes (Law and Order, Good Taste and Decency, Accuracy)...

Decisions
Green and MediaWorks TV Ltd - 2015-024
2015-024

Summary[This summary does not form part of the decision. ]A 3 News item reported on National Party candidate Mark Osborne's failure to name all bridges relevant to his campaign promise during the Northland by-election, to convert 10 bridges to two lanes. The Authority did not uphold a complaint that the editing of the item was unfair to Mr Osborne by creating the impression he was unable to name all 10 bridges. The item contained clear statements as to the number of bridges Mr Osborne could name and did not unfairly represent his state of knowledge. Further, the item was broadcast in the context of a robust by-election environment when politicians can expect a high level of scrutiny....

Decisions
McDonald and Mediaworks TV Ltd - 2019-076 (4 February 2020)
2019-076

The Authority declined to determine a complaint about a news item featuring an eleven year old boy who won a trip to go to a Rugby World Cup 2019 game in Japan with Richie McCaw. The Authority was unable to identify any elements in the broadcast that would raise any concerns under the standards raised. The Authority declined to determine the complaint on the basis it was frivolous and trivial.   Decline to determine: Good Taste and Decency, Children’s Interests, Violence, Alcohol, Accuracy...

Decisions
Kilpatrick and MediaWorks TV Ltd - 2014-105
2014-105

Summary [This summary does not form part of the decision. ] At the conclusion of an interview with a scientist on The Paul Henry Show, Mr Henry asked her, ‘Did you have sex with Richard Branson? ’ The Authority did not uphold the complaint that the question was inappropriate and discriminated against women. It was a provocative remark that was not unduly surprising given Mr Henry’s well-known style. It was also relevant that the scientist herself was apparently not offended and was aware she might be questioned about Mr Branson. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During The Paul Henry Show, Mr Henry interviewed a scientist, Dr Michelle Dickinson, about her research. At the end of the interview he asked about her recent experience staying with Richard Branson, a well-known businessman....

Decisions
Perrett and MediaWorks TV Ltd - 2015-092 (1 March 2016)
2015-092

Summary[This summary does not form part of the decision. ]During the course of a panel discussion on Paul Henry about cruise ships, the participants briefly talked about penis enlargement. The Authority did not uphold a complaint that this discussion was ‘vulgar’ and inappropriate for a time when children could be watching television. Paul Henry is aimed at adult viewers and the conversation, which was brief and inexplicit, did not go beyond audience expectations of the programme and its presenters. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] During the course of a panel discussion on Paul Henry about cruise ships the participants briefly talked about penis enlargement. [2] Jasmine Perrett complained that this discussion was ‘vulgar’ and inappropriate for television, especially at a time when children could be watching....

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