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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
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
Kuten and MediaWorks TV Ltd - 2016-081 (15 December 2016)
2016-081

Summary[This summary does not form part of the decision. ]An item on Story opened with the news that Air Chathams had recently launched a new flight route from Auckland to Whanganui, following Air New Zealand’s announcement that it would discontinue its flights to the city. The item featured a reporter who visited Whanganui and spoke with the Mayor, residents and business-owners about their experiences and the good and the bad side of living and working in Whanganui. The Authority did not uphold a complaint that this item was unbalanced, inaccurate and unfairly portrayed Whanganui and its residents. The introduction to the item was a parody of a popular, long-running Lemon and Paeroa television advertisement, which most viewers would have recognised, and while some of the reporter’s comments were critical of Whanganui, these were balanced with many positive comments made by residents and the item’s presenters....

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
Crow and MediaWorks TV Ltd - 2020-021 (21 July 2020)
2020-021

The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...

Decisions
Thompson and MediaWorks TV Ltd - 2014-049
2014-049

Summary [This summary does not form part of the decision. ] A 3 News item reported on the results of its latest political research poll. The Authority did not uphold the complaint that the results were inaccurate because they were within the margin of error of +/- 3. 1 percent. Viewers are familiar with this mode of reporting, particularly in the lead-up to an election. The margin of error was clearly displayed onscreen, leaving the audience to form their own views about how much weight should be given to the poll. Not Upheld: Accuracy Introduction [1] A 3 News item reported on the results of its latest political research poll. A political correspondent outlined the results of the poll in relation to party standings, seats in the house, and preferred Prime Minister. The item aired on TV3 on 30 March 2014....

Decisions
Cleaver and MediaWorks TV Ltd - 2015-079 (28 January 2016)
2015-079

Summary[This summary does not form part of the decision. ]In an item on Story, an actor approached four different real estate agencies (Ray White, LJ Hooker, Barfoot & Thompson and Harcourts) and asked agents to sell him properties for investment prior to auction and at a lower price, which it was alleged would be in breach of the industry code. The Authority did not uphold a complaint that one of the Story presenters had a conflict of interest because of her family connections to Barfoot & Thompson, which resulted in a breach of standards. The Authority is not in a position to determine whether such a conflict existed, but in any case, the alleged conflict did not manifest as a breach of the broadcasting standards nominated....

Decisions
Wellington Palestine Group and MediaWorks TV Ltd - 2016-048 (14 October 2016)
2016-048

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....

Decisions
WR and MediaWorks TV Ltd - 2018-059 (26 October 2018)
2018-059

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about a segment on The Project that discussed whether bystanders should step in if they see parents treating their children in a way they do not agree with. At the beginning of the segment the presenters described an incident in which a father (the complainant) allegedly disciplined his son by denying him afternoon tea. Another parent reported this to Oranga Tamariki, who later found no cause for action and dismissed the complaint. The complainant argued the segment omitted important details about the incident, and was unbalanced and unfair. The Authority acknowledged the significant effect these events have had on the complainant and his family....

Decisions
Boyce and MediaWorks TV Ltd - 2017-087 (15 December 2017)
2017-087

Summary [This summary does not form part of the decision. ] An item on The Project featured an interview with a ‘political consultant and former National [Party] staffer’. The interviewee provided her perspective on why the National Party received more votes than the Labour Party in the 2017 General Election and the disparity between the election result and poll results prior to the election. The Authority did not uphold a complaint that the broadcaster’s choice of political commentator was biased and the programme was misleading by suggesting she was an ‘independent political commentator’. The introduction to the segment did not imply that the interviewee was an independent political commentator, but clearly referred to her as a former National Party staffer. As such it created an audience expectation that the interview would be approaching the topic of National’s initial electoral success from a particular perspective....

Decisions
Moodie and MediaWorks TV Ltd - 2014-073
2014-073

Summary [This summary does not form part of the decision. ] The Paul Henry Show screened a clip showing several rodents running on a working turntable accompanied by music. The Authority did not uphold the complaint that this constituted animal cruelty and breached standards of good taste and decency. This was a quirky internet clip, it was intended to be light-hearted and humorous, and the Authority had no reason to believe the animals were treated cruelly. Not Upheld: Good Taste and Decency Introduction [1 The Paul Henry Show screened an internet clip showing several rodents running on a working turntable accompanied by music. The programme was broadcast on TV3 on 22 May 2014 at 10. 30pm. [2] Heather Moodie made a formal complaint to MediaWorks TV Ltd (MediaWorks), alleging that the footage constituted cruelty to animals....

Decisions
Butler and MediaWorks TV Ltd - 2014-044
2014-044

Summary [This summary does not form part of the decision. ] Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi settlement with the government. The Authority did not uphold the complaint that the item was inaccurate and unbalanced because it misrepresented Ngāpuhi’s economic situation and historical land loss. This was a human interest piece framed from the perspective of John Campbell, and largely comprising the personal opinions and experiences of the people he visited. The community was the focus, not the settlement, and viewers would not have been misled in this context. Not Upheld: Controversial Issues, Accuracy Introduction [1] Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi (Treaty) settlement with the government....

Decisions
Popa and MediaWorks TV Ltd - 2014-095
2014-095

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....

Decisions
Insurance Council of New Zealand and MediaWorks TV Ltd - 2014-146
2014-146

Summary [This summary does not form part of the decision. ] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unresolved insurance claims participated in the programme. The Authority upheld a complaint that the broadcast breached the controversial issues and accuracy standards because the programme did not include the insurance industry's perspective and was misleading about the industry's willingness to participate in the programme. Upheld: Controversial Issues, Accuracy Order: Section 13(1)(a) – broadcast statement Introduction [1] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unsettled insurance claims participated in the programme....

Decisions
Cochran and MediaWorks TV Ltd - 2015-054
2015-054

Summary[This summary does not form part of the decision. ]3 News reported on a gun attack on a Tunisian beach resort, and showed amateur video footage of the event. The footage contained images of people shouting and running around in confusion, and gunshots and bomb blasts could be heard. The footage also showed the gunman lying in the street after he had been shot dead by police. The Authority upheld a complaint that this footage was disturbing and should have been preceded by a warning. While recognizing the high public interest in the story and the footage, viewers were not given a reasonable opportunity to exercise discretion because they were not adequately warned of its nature. The Authority did not make any order....

Decisions
O'Brien and MediaWorks TV Ltd - 2016-001 (4 May 2016)
2016-001

Summary[This summary does not form part of the decision. ]A promo for Paul Henry, broadcast during 3 News, featured a photo of an alleged terrorist and host Paul Henry joking about the type of dialogue that would occur between members of a terrorist group. The Authority did not uphold a complaint alleging that this promo was highly offensive ‘so soon after the Paris terrorist attacks’ and breached the controversial issues standard. The promo did not explicitly mention the Paris terrorist attacks, was apparently intended to be humorous (as the hosts were all shown laughing) and was consistent with expectations of the host programme. The promo also did not amount to a discussion of a controversial issue which triggered the requirement to provide balance. Not Upheld: Good Taste and Decency, Controversial IssuesIntroduction[1] A promo for Paul Henry, broadcast during 3 News, showed a photo of an apparent terrorist....

Decisions
Grieve and MediaWorks TV Ltd - 2014-145
2014-145

Summary [This summary does not form part of the decision] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election. The presenter made comments about ACT's law and order policies and Mr Whyte's views on incest and polygamy. The Authority declined to uphold the complaint that the broadcast inaccurately described ACT's policies and Mr Whyte's views, and as such was unfair to ACT and Mr Whyte. The broadcaster made reasonable efforts to ensure that the item was accurate, and the comments were not unfair in the context of a robust election environment. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election....

Decisions
Lee and MediaWorks TV Ltd - 2016-044 (14 October 2016)
2016-044

Summary[This summary does not form part of the decision. ]An episode of The Nation discussed whether colonial figures were still worthy of commemoration, particularly when their actions were re-evaluated against 21st century values. An edited version of the report also appeared on Newshub. Both items featured excerpts from an interview with historian, Dr Jock Phillips, who provided comments on a South Auckland memorial to Colonel Marmaduke Nixon. Dr Phillips described Colonel Nixon’s involvement in events that occurred at Rangiaowhia in 1864 as ‘an appalling act of genocide’ and ‘a terrible atrocity’. The Authority did not uphold a complaint that the items lacked balance and were inaccurate. The items did not purport to provide a comprehensive examination of what occurred at Rangiaowhia....

Decisions
Right To Life New Zealand and Mediaworks TV Ltd – 2019-041 (17 September 2019)
2019-041

A complaint that a segment on The Project which discussed the delay in abortion legislative reform and the current process for obtaining a legal abortion in New Zealand was discriminatory, unbalanced and misleading was not upheld. The Authority found that the item did not breach the discrimination and denigration standard as people who are opposed to this reform and ‘the unborn’ do not amount to recognised sections of the community for the purposes of the standard. The Authority also found the item clearly approached this topic from a particular perspective and that viewers could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Discrimination and Denigration, Balance, Accuracy...

Decisions
Boreham & others and MediaWorks TV Ltd - 2014-133
2014-133

Summary [This summary does not form part of the decision. ] 3 News reported on three men who were convicted or accused of sexual offence charges, and showed images of two lists of names, in which the complainants' names featured. The Authority declined to uphold complaints that by showing their names during a discussion about the accused sex offenders, the item breached the complainants' privacy. Their position as Parliamentary Service employees was not private, the inclusion of the complainants' names was peripheral to the item, and there was no suggestion that the complainants were the accused sex offenders, as the three men who were convicted or accused of sexual offence charges were explicitly identified by both their names and their images....

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