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Decisions
Allen and MediaWorks TV Ltd - 2014-106
2014-106

Summary [This summary does not form part of the decision. ] In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading because Treasury had forecast that debt would increase until 2018. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled. Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading Programmes Introduction [1] An advertisement for the National Party was broadcast on TV3 on 28 August 2014....

Decisions
Cowan and MediaWorks TV Ltd - 2017-058 (21 September 2017)
2017-058

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the Government’s upcoming review of KiwiRail’s operational and funding models. The item featured interviews with Transport Minister, Simon Bridges, NZ First leader, Winston Peters, and Prime Minister Bill English. The reporter commented that KiwiRail had been a ‘black hole’ for tax payers and ‘a giant problem for this Government’. The Authority did not uphold a complaint that the item was unbalanced and unfair to KiwiRail. Given the nature of the item, which was a straightforward news report about the Government’s proposed review, viewers would not have expected to be provided with information about the historic benefits of rail or the history of KiwiRail. The Authority also found that, although the reporter’s use of language could be considered critical, the item did not result in KiwiRail being treated unfairly....

Decisions
Sampurno and MediaWorks TV Ltd - 2014-148
2014-148

Summary [This summary does not form part of the decision. ] An item on 3 News reported details of John Key’s meeting with the Indonesian president. The newsreader discussed terrorism in Indonesia and referred to Indonesia as ‘the biggest Muslim country in the world’. The Authority did not uphold a complaint that this statement was inaccurate, finding that viewers would have understood the intended meaning that the majority of Indonesians are followers of Muslim faith. The Authority also declined to uphold the complaint that the discussion of terrorism in Indonesia denigrated Muslims and/or Indonesians, as it was factual and did not carry any invective. Not Upheld: Accuracy, Discrimination and Denigration   Introduction [1] An item on 3 News reported details of John Key’s meeting with the Indonesian president....

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
XD and Mediaworks TV Ltd - 2018-102C-D (13 March 2019)
2018-102C-D

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....

Decisions
Easte and MediaWorks TV Ltd - 2014-093
2014-093

Summary [This summary does not form part of the decision. ] The host of The Paul Henry Show and a TV3 reporter briefly discussed the future of Auckland’s Wynyard Quarter tram service, in a new segment titled ‘Council Watch’, and summarised the cost of the project to rate-payers. The Authority did not uphold the complaint that the segment was one-sided and misled viewers about the reason the trams were not currently operating. It is legitimate and important for the expenditure of public money to be scrutinized and subject to robust criticism, and the focus of the item was the cost of the project; other reasons why the tram service was not running were peripheral to that focus, so viewers would not have been misled by omitting reference to those reasons....

Decisions
Dodds and MediaWorks TV Ltd - 2015-006
2015-006

Summary [This summary does not form part of the decision. ] A 3 News update, broadcast during the PGR-rated movie Night at the Museum 2, featured security footage of a man who walked into a petrol station with a metal rod lodged in his head. The Authority did not uphold a complaint that the update screened graphic and disturbing violent footage, without a warning, which would have upset children. This was a newsworthy story and the footage was relatively inexplicit. It was reasonable to expect that child viewers would have been supervised by adults, given the movie was rated PGR, and children were unlikely to be unduly alarmed or disturbed in this context. Not Upheld: Children's Interests Introduction [1] A 3 News update, broadcast at 7....

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
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Hurley and MediaWorks TV Ltd - ID2018-068 (19 September 2018)
ID2018-068

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....

Decisions
Clapham and Mediaworks TV Ltd - 2018-089 (18 December 2018)
2018-089

Summary[This summary does not form part of the decision. ]During a segment of The Project, the presenters discussed whether it was illegal to wear headphones while driving. One of the presenters, a well-known New Zealand comedian, said that he wore headphones while driving ‘because it drowns out the sound of the seatbelt warning’. The Authority did not uphold a complaint that the presenter’s comment trivialised an important road safety issue. The segment as a whole carried a positive road safety message, with the presenters sharing their surprise that wearing headphones while driving was not illegal in New Zealand (though distracted drivers could still be charged with careless driving). The comment was clearly intended to be humorous and the reactions of the other presenters balanced the comment and signalled to viewers that wearing your seatbelt was important....

Decisions
Rossiter and MediaWorks TV Ltd - 2015-022
2015-022

Summary [This summary does not form part of the decision. ] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The Authority did not uphold the complaint that the item was unbalanced and inaccurate in that the editor 'presented. . . opinion as fact' and used 'highly emotive language'. The report provided sufficient balance, and the statements complained of were clearly the editor's opinion and analysis rather than statements of fact to which the accuracy standard applied. Not Upheld: Controversial Issues, Accuracy Introduction [1] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The item contained some analysis from the editor, excerpts of a press conference given by Prime Pat John Key and graphics depicting how the law change would affect MPs' pay....

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
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
Ranfurly Village Hospital Limited and MediaWorks TV Ltd - 2014-034
2014-034

Summary [This summary does not form part of the decision. ] Campbell Live broadcast two items that were critical of Ranfurly Veterans Home and Hospital, relating to an incident in which a resident, Q, was found lying on the driveway after falling from his power chair. The Authority upheld one aspect of the accuracy complaint in relation to another incident involving a resident, F, and upheld the complaint that the items were unfair to Q, and to Ranfurly. The Authority did not uphold the complaint that the residents' privacy was breached. The Authority did not make any order as only limited aspects were upheld. Upheld: Accuracy, Fairness Not Upheld: Privacy No Order Introduction [1] Campbell Live broadcast two items that were critical of Ranfurly Veterans Home and Hospital (Ranfurly)....

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 - 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
Peet and MediaWorks TV Ltd - 2015-001
2015-001

Summary [This summary does not form part of the decision. ] An item on The Paul Henry Show featured a recent Police press release about a so-called tourist who had reportedly been driving with a kayak attached width-ways to the roof of his car. The presenter commented that the man was ‘a bloody twat’ and that his actions ‘pissed him off’. The Authority did not uphold a complaint about the presenter’s choice of language and his denigration of foreign tourists. In the context of a late-night programme and the presenter’s well-known style, the language did not threaten current norms of good taste and decency and ‘foreign tourists’ are not a section of the community to which the discrimination and denigration standard applies....

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
Soper and MediaWorks TV Ltd - 2014-071
2014-071

Summary [This summary does not form part of the decision. ] A 3 News item reported on a charge of offensive language laid against a police woman, following an incident between her and a taxi driver. The item showed excerpts of the taxi’s security footage and contained interviews with the taxi company’s managing director and office manager who were critical of the police and considered assault charges should have been laid. The Authority did not uphold the complaint that the item prejudiced the police woman’s right to a fair hearing and that it was inaccurate and unfair. There was high public interest in the item, the item was largely presented from the perspective of the interviewees and the taxi company, and it did not encourage viewers to break the law or otherwise promote criminal activity....

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