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The Authority has upheld two complaints that a segment on The Project, about an incident where charges against a man who allegedly shot at a drone were dropped, was in breach of the fairness and accuracy standards. The Authority found the segment was unfair to the man and would have misled audiences as it provided an inaccurate account of events through an interview with the drone’s pilot and additional comments from presenters. The drone pilot interviewee was allowed to put forward unchallenged his views on the man, and the broadcaster did not do enough to provide the man with an opportunity to respond to the comments. As the broadcast did not disclose any private information about the man, nor discuss a controversial issue of public importance, the privacy and balance standards were not upheld. Upheld: Fairness, Accuracy Not Upheld: Privacy, Balance No orders...

Summary[This summary does not form part of the decision. ]The Authority declined jurisdiction to accept and consider a complaint referral about a video uploaded to video-sharing website platform YouTube, which featured clips from a broadcast of The Project. The Authority noted that its jurisdiction, which is prescribed under the Broadcasting Act 1989, is limited to consideration of formal complaints about television and radio broadcasts. In this case, the complainant was concerned about content uploaded to YouTube and edited by a third party. The content of the video predominantly comprised commentary by that third party. The Authority therefore did not have jurisdiction to accept and consider the complaint referral. Declined Jurisdiction  The YouTube video[1] A video uploaded to video-sharing website platform YouTube featured a woman’s response to New Zealand media coverage of an upcoming visit from speakers Stefan Molyneux and Laura Southern....

An appeal against this decision was dismissed in the High Court: CIV-2017-485-71. 12 MBSummary[This summary does not form part of the decision. ]An item on Paul Henry about Independence Day celebrations in the USA featured an interview with the USA’s Ambassador to New Zealand. Prior to the interview, Paul Henry referred to the USA claiming ‘its independence from England’. He later quoted Margaret Thatcher, referring to her as the ‘Prime Minister of England’. The Authority did not uphold a complaint that Mr Henry’s statements were inaccurate and discriminatory in that he should have referred to Great Britain or the United Kingdom, rather than England. The item was focused primarily on Independence Day celebrations and the statements would not have affected viewers’ understanding of the item as a whole....

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

Summary [This summary does not form part of the decision. ] During 3 News coverage of the results of the 2014 general election, a reporter was shown persistently attempting to interview the Internet-Mana Party leader Laila Harré. The Authority declined to uphold the complaint that the reporter's treatment of Ms Harré was unfair. The reporter's behaviour did not cross the high threshold for finding unfairness to politicians and public figures, particularly in the context of an important political broadcast. Not Upheld: Fairness Introduction [1] The 3 News election coverage, 'Decision '14, Election Night', included footage of a reporter persistently questioning and aiming a microphone at the Internet-Mana Party leader Laila Harré as she attempted to make her way into the party's post-election gathering. Ms Harré mostly ignored the reporter but when she tried to speak the reporter interrupted and spoke over her....

The Authority has found that a segment on Newshub regarding the sale of a report summarising data received from schools in a survey run by the Ministry of Education and I. D. C. New Zealand Limited breached the accuracy standard. The item reported on concerns of the New Zealand Educational Institute and survey participants regarding the sale of the report to Microsoft and Google. The Authority found that the statement ‘sensitive, private data about schools and their students pawned off to private companies by Chinese data giant’, which was included in the item, was materially inaccurate and likely to mislead viewers given the data contained in the report was anonymised and aggregated. The Authority also found the broadcaster did not make reasonable efforts to ensure that the relevant statement was accurate and did not mislead. Upheld: Accuracy No orders...

The Authority has not upheld a complaint that a Newshub Live broadcast reporting on the United Kingdom’s Prime Minister Boris Johnson’s treatment for COVID-19 was inaccurate when it referred to President Donald Trump as ‘the world’s leading expert on fake news’. The Authority considered the statement was distinguishable as a statement of opinion and accordingly the accuracy standard did not apply. Not Upheld: Accuracy  ...

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Summary [This summary does not form part of the decision. ] An item on Campbell Live featured the story of a terminally ill man who is an advocate for voluntary euthanasia. The introduction to the item referred to a proposed private member's bill that would legalise voluntary euthanasia in New Zealand. The Authority did not uphold a complaint that the item lacked balance because it failed to present other significant views on euthanasia. Although voluntary euthanasia is a controversial issue of public importance, the item did not 'discuss' this issue. The item was clearly focused on the interviewee's personal story and experiences, so it did not trigger the requirement for presenting alternative views. Not Upheld: Controversial Issues Introduction [1] An item on Campbell Live featured the story of a terminally ill man who is an advocate for voluntary euthanasia....

Summary[This summary does not form part of the decision. ]Two items on Newshub reported on incidents of violence which occurred in the city of Hebron, in the West Bank, and in Jerusalem. The Authority did not uphold complaints from the Wellington Palestine Group that the items were inaccurate and misleading. The reporters’ references to Hebron in the West Bank, and to Jerusalem, were correct and there was no implication during either item that these events occurred in Israel, as alleged. The lack of an explicit reference to ‘Occupied Territories’ or to ‘Occupied Palestinian Territories’ did not result in the items as a whole being inaccurate or misleading. Not Upheld: AccuracyIntroduction[1] An item on Newshub reported on the shooting of a wounded Palestinian man by an Israeli soldier in the city of Hebron in the West Bank....

Summary[This summary does not form part of the decision. ]A promo for NCIS and NCIS: LA showed scenes of guns being fired, photos of a dead body and someone getting punched in the face, among other things. The Authority upheld a complaint that the broadcast did not adequately consider children's interests. The content was not suitable for unsupervised child viewers, so the promo should have received a higher classification than G (for general audiences). On this basis the Authority found that the promo also breached the violence standard, as the broadcaster did not exercise adequate care and discretion when dealing with violent content. Upheld: Children's Interests, ViolenceOrder: Section 16(4) – $500 costs to the Crown Introduction[1] A promo for NCIS and NCIS: LA showed scenes of guns being fired, photos of a dead body and someone getting punched in the face, among other things....

The Authority did not uphold a complaint that Mark Richardson’s response to a gift from a guest on The AM Show breached the good taste and decency and children’s interests standards. Noting contextual factors, including audience expectations of the programme and of Mr Richardson, the Authority did not consider that Mr Richardson’s comments were likely to cause widespread undue offence or distress, undermine widely shared community standards or adversely affect children. The Authority also did not uphold a complaint that a discussion about beer brands breached the alcohol standard. While the Authority found that the positive comments regarding Peroni could be regarded as promotion of the Peroni brand, the Authority considered that any promotion of alcohol was socially responsible in the context. Not Upheld: Good Taste and Decency, Children’s Interests, Alcohol...

The Authority has not upheld a complaint about an interview conducted with then-Minister of Health, Dr David Clark, on his breaches of the COVID-19 Alert Level 4 ‘lockdown rules’. The complainant argued that the interview amounted to harassment and bullying, and breached the fairness standard. The Authority found that the robust questioning was within the scope of what could be expected of a public figure being interviewed on a matter of significant public interest, particularly given the expectation as to how politicians will be treated by the media. Not Upheld: Fairness...

The Authority did not uphold a complaint under the good taste and decency standard about the use of the phrase ‘child pornography’ in a Newshub item reporting on the arrest of Sir Ron Brierley. The complaint was that the item should have instead referred to child sexual exploitation, as ‘pornography’ infers consent and normalises a terrible practice. The Authority acknowledged the complainant’s concerns about the use of appropriate terminology with regard to very serious criminal conduct against children, and noted that what is appropriate terminology is contested internationally among authorities and global agencies. The Authority also consulted the Digital Safety Team at the Department of Internal Affairs (DIA), which deals with issues including countering child sexual exploitation. DIA advised that it does not use the phrase ‘child pornography’ and considers the term ‘child sexual abuse material’ most accurately describes the illegal material involving children....

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

In an episode of The AM Show, host, Duncan Garner, interviewed economist Cameron Bagrie on the topic of dropping interest rates. During the interview, Mr Bagrie commented regarding the risk of people no longer putting money in the bank, saying, ‘the banks need the money in the bank, because they gotta … get a dollar in the door before they can put the money out the door in the form of a loan. ’ The Authority did not uphold the complaint that the item breached the accuracy standard. The Authority found that Mr Bagrie’s statement was clearly distinguishable as analysis, comment or opinion so the accuracy standard does not apply. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]An item on Story discussed the accountability of judges in New Zealand. The item referenced a number of high profile criminal judgments by a named District Court Judge that were overturned on appeal, and included a comparison between New Zealand, Switzerland and the United States on the appointment, term and removal of judges. The Authority did not uphold a complaint that this item placed undue emphasis on the decisions of the featured Judge, failed to contrast New Zealand with comparable jurisdictions, failed to cover key information about the judicial complaints service and featured an offensive gesture. The media play an important role in raising issues, such as alleged poor performance of judges, which have an impact on our communities, and this item was in the public interest....

The Authority has not upheld a complaint about a segment on The Project, in which host (and comedian) Jeremy Corbett compared the time then National Party Leader Todd Muller and Canadian Prime Minister Justin Trudeau spent thinking before responding to a question about whether US President Donald Trump is racist. The complaint was that the segment breached broadcasting standards by implying Mr Muller ‘failed’ by answering the question too soon and by comparing Mr Trudeau with Mr Muller rather than Prime Minister Jacinda Ardern. The segment was clearly intended to be comical rather than a serious political commentary. In that context it would not have misled viewers and did not trigger the requirements of the balance standard. Nor was the item unfair to Mr Muller who, as then Leader of the Opposition, could reasonably expect to be the subject of media coverage and commentary, including satirical commentary....

The Authority has not upheld a complaint about a segment of Newshub Nation which discussed the National Party’s top Members of Parliament (MPs) under then leader Todd Muller. In the segment, reporter Tova O’Brien asked ‘Why is it that all of these women do the mahi and then this dude gets the treat? ’ The question referred to Mr Muller being rewarded as leader over his top three female MPs, Hon Nikki Kaye, Hon Amy Adams and Hon Judith Collins. The complaint was that reference to Mr Muller as ‘that dude’ was in bad taste, unbalanced, unfair and sexist. The Authority found the comment was unlikely to cause widespread undue offence or distress as contemplated under the good taste and decency standard. The fairness standard was not breached as the comment would not have left the audience with an unduly negative impression of Mr Muller....