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Decisions
Dawson and MediaWorks TV Ltd - 2020-098 (9 December 2020)
2020-098

The Authority has not upheld a complaint about an item during the sports segment of the news showing an Ultimate Fighting Championship fight and one of the competitor’s injuries after the fight. The item was brief, and in the context of an unclassified sports news segment, within audience expectations. Viewers would have had sufficient information to exercise choice and control. Not Upheld: Children’s Interests, Violence...

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
Gale and MediaWorks TV Ltd - 2019-106 ( 7 April 2020)
2019-106

The Authority did not uphold a complaint that the use of the word ‘douche’ following an interview with Hannah Tamaki breached the good taste and decency standard. The complaint was that Mrs Tamaki was referred to as a ‘douche’, which was not an acceptable way to refer to a woman. The Authority noted that the word was used on two occasions. The first use of the word originated from audience feedback saying Mrs Tamaki was ‘on the same page as [Donald Trump]; and that ‘Trump’s a douche’. The host’s later comment promoting an upcoming item – ‘from douches to [chef] Nadia Lim’ – was ambiguous as to whether or not it was intended to refer to Mrs Tamaki. In any event, the Authority did not consider the use of the word threatened community standards of good taste and decency in the context. Not Upheld: Good Taste and Decency...

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
WS and MediaWorks TV Ltd - 2014-100
2014-100

Summary [This summary does not form part of the decision. ] An item on 3rd Degree contained an interview with a man who was involved in a family feud over the provisions of his mother's will. The man described the legal battle with his brothers, and the item showed two old photographs of the brothers, one of whom was WS. The Authority upheld the complaint that WS' privacy was breached as he had not consented to having his image shown in the programme. Upheld: Privacy Order: Section 13(1)(d) $1,500 compensation to the complainant for breach of privacy Introduction [1] An item on 3rd Degree looked at the consequences of not writing a will or having a will contested. It contained an interview with a man, X, who was involved in a family feud over the provisions of his mother's will....

Decisions
McKenzie and MediaWorks TV Ltd - 2015-055 (18 December 2015)
2015-055

Summary[This summary does not form part of the decision. ]A promo for Face Off, a reality competition show in which the contestants are special effects make-up artists, screened during the animated movie Chicken Run. The Authority upheld a complaint that the promo breached standards of good taste and decency. The promo’s images of gory and wounded prosthetic body parts went beyond audience expectations of a G-rated family movie and were likely to distress child viewers. The Authority however did not agree that the images showed ‘violence’ or violent acts as envisaged by the violence standard. Upheld: Good Taste and DecencyNot Upheld: ViolenceOrder: Section 16(4) $500 costs to the CrownIntroduction[1] A promo for Face Off, a reality competition show in which the contestants are special effects make-up artists, screened during Chicken Run, an animated family movie which was rated G (for general audiences)....

Decisions
Campbell and MediaWorks TV Ltd - 2017-019 (26 April 2017)
2017-019

Summary[This summary does not form part of the decision. ]A promo for the latest season of 7 Days showed comedians featured on the programme preparing the show’s host for the ‘potentially hostile environment’, by heckling and pelting him with objects. The Authority did not uphold a complaint that this promo trivialised the issue of bullying. The promo was a parody sketch of the type of heckling typically made by contestants during an episode of 7 Days, and common to live comedy programmes of this genre. It sought to recreate this live comedy environment in a humorous, satirical and highly exaggerated way, and in this context, the promo did not condone, encourage or trivialise bullying behaviour....

Decisions
Apps and MediaWorks TV Ltd - 2019-055 (18 November 2019)
2019-055

The Authority has not upheld a complaint that a promo for The Titan Games, broadcast during Newshub Live at 6pm and containing the phrase ‘holy crap’ breached the good taste and decency standard. The Authority found that the phrase was unlikely to undermine or violate widely shared community norms and overall any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency...

Decisions
Shierlaw and Mediaworks TV Ltd - 2019-068 (22 January 2020)
2019-068

The Authority did not uphold a complaint that a comment made by Patrick Gower during a Newshub segment about the presence of the far right in New Zealand breached the accuracy standard. The Authority found that Mr Gower’s comment that ‘the global far-right is here in New Zealand, influencing us and our politicians whether we realise it or not’ was not a statement of fact to which the accuracy standard applies. The Authority found the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts and which viewers would have understood to be Mr Gower’s conclusion based on the information presented in the item. Not Upheld: Accuracy...

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
Bamber and MediaWorks TV Ltd - 2019-096 (23 April 2020)
2019-096

The Authority has not upheld a complaint that a remark about suicide made by Mr Burns at the end of The Simpsons Movie was in breach of the good taste and decency, children’s interests and violence standards. The Authority acknowledged that the remark pushed the boundaries of the G (General) classification and recognised the need for broadcasters to take particular care when addressing subjects such as suicide. However, noting the nature of, and audience expectations for, The Simpsons as well as the nature and position (within the credits) of the remark, the Authority concluded that the programme was unlikely to cause widespread undue offence or distress or to be unduly harmful or disturbing to children. The Authority also noted that there were no scenes of violence depicted. Not upheld: Good Taste and Decency, Children’s Interests and Violence...

Decisions
Crow and MediaWorks TV Ltd - ID2017-010 (19 April 2017)
ID2017-010

Summary[This summary does not form part of the decision. ]The complainant referred to the Authority a formal complaint about the film Fifty Shades of Grey, which was broadcast on TV3 at 8. 30pm on Sunday 22 January 2017. The broadcaster argued that the original complaint had been received prior to the broadcast of the film, and so did not constitute a valid formal complaint (and therefore could not be referred to the Authority). To support its position, the broadcaster referred to the time stamp on the automatic acknowledgement email, which is sent to both the complainant and the broadcaster at the time the complaint is lodged. This time stamp read ‘22 January 2017 at 20:25’ (being five minutes before the film was broadcast)....

Decisions
Eliott and Mediaworks TV Ltd - 2019-062 (18 November 2019)
2019-062

During an episode of Newshub, political editor Tova O’Brien used the term ‘SNAFU’ in reference to a plane the Prime Minister was supposed to be on breaking down. The Authority did not uphold a complaint that the use of the term ‘SNAFU’ was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of Newshub and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘SNAFU’ did not threaten community norms of good taste and decency, or justify restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...

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
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
Wildman and MediaWorks TV Ltd - 2015-075 (4 May 2016)
2015-075

Summary [This summary does not form part of the decision. ] An item on Story investigated an alleged issue within the Auckland property market. It was introduced: ‘Some real estate agents are helping investors and traders… get the houses first [before auction]’. An actor approached different real estate agencies and asked agents to sell him properties for investment prior to auction and at a lower price, which the presenter claimed would be in breach of the industry code. Amy Wildman, one of the agents approached, was filmed with a hidden camera apparently agreeing to sell a property prior to auction. The Authority upheld a complaint from Ms Wildman that she was treated unfairly. The broadcast was damaging to Ms Wildman and did not fairly represent her position, and the use of the hidden camera footage was, on balance, not justified by public interest considerations....

Decisions
Gray, Scott, Vickers and Vink and MediaWorks TV Ltd - 2019-020 (18 July 2019)
2019-020

The Authority has not upheld four complaints about a segment on The AM Show, which featured host Duncan Garner criticising parents who do not vaccinate their children, using terms such as ‘murderers’ and ‘bloody idiots’, and stating they should be ‘stripped of their right to spread their message and their viruses’. The Authority found that, taking into account audience expectations of Mr Garner and The AM Show, alongside other contextual factors, Mr Garner’s comments did not breach broadcasting standards. With regard to the balance standard, the Authority found that, while the anti-vaccination movement was a controversial issue of public importance, Mr Garner’s comments did not amount to a ‘discussion’ for the purposes of the standard, but reflected his own personal views on the issue....

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
Malakouti and MediaWorks TV Ltd - 2014-162
2014-162

Summary [This summary does not form part of the decision. ] An item on Campbell Live focused on a travel agency whose customers alleged that trips they had paid for had not been booked. During the item a brief exchange took place between the reporter and a ‘family friend’ of the owners of the travel agency, the complainant, outside the vacant agency. The Authority did not uphold a complaint that the broadcast breached Mr Malakouti’s privacy. The footage was filmed in a public place and the item did not disclose any private facts about him. There was no suggestion Mr Malakouti was associated with the travel agency, so the broadcast of the footage was not highly offensive. Not Upheld: Privacy  Introduction [1] An item on Campbell Live focused on a travel agency whose customers alleged that trips they had paid for had not been booked....

Decisions
Sheerin and MediaWorks TV Ltd - ID2017-022 (26 April 2017)
ID2017-022

Summary[This summary does not form part of the decision. ]A Newshub bulletin featured five separate items which the complainant considered related to the United States. The Authority declined to determine a complaint about the ‘sheer volume’ of news stories from the US, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Balance, Programme InformationIntroduction[1] Bronwyn Sheerin complained to MediaWorks about the ‘sheer volume’ of news items from the US. She referred to a Newshub bulletin featuring five separate items which she considered related to the United States (US). [2] The issue is whether the complaint raises matters of broadcasting standards which can properly be determined by this Authority. [3] The programme was broadcast at 6pm on 26 February 2017 on Three. The members of the Authority have read the correspondence listed in the Appendix....

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