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Decisions
New Zealand Fire Service and MediaWorks TV Ltd - 2016-017 (18 November 2016)
2016-017

Summary[This summary does not form part of the decision. ]An episode of 3D investigated alleged bullying within the New Zealand Fire Service, particularly within volunteer brigades. The episode relied in part on testimony from particular individuals who alleged they had been victims of bullying, and in part on a report, which purported to identify bullying as a significant problem within NZFS. NZFS challenged the credibility of the report and argued that the programme breached the accuracy, fairness and balance standards. The Authority did not uphold the complaint. It found that the programme clearly stated there were questions about the status of the report – which in any event only formed part of the basis of the story – so viewers would not have been misled....

Decisions
Moore and MediaWorks TV Ltd - 2017-059 (21 September 2017)
2017-059

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....

Decisions
Three Complainants and MediaWorks TV Ltd - 2017-100 (18 April 2018)
2017-100

Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....

Decisions
Averis and MediaWorks TV Ltd - 2017-036 (17 July 2017)
2017-036

Summary [This summary does not form part of the decision. ]An item on Newshub reported on renewed efforts by the New Zealand Government to secure a free trade deal with Russia, after negotiations were ‘put on hold when Vladimir Putin invaded Crimea two years ago’. The Authority did not uphold a complaint that the use of the term ‘invaded’ was inaccurate as no invasion had in fact occurred. The Authority acknowledged that a range of terms were used across national and international media coverage to describe Russia’s actions in Crimea. It emphasised the importance of using precise and correct language when reporting on contentious and complex international conflicts, where the potential to misinform audiences is great....

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
Knight and MediaWorks TV Ltd - 2020-020 (4 August 2020)
2020-020

The Authority did not uphold a complaint that two guest panellists’ comments on The AM Show about English rugby players following the Rugby World Cup final breached the discrimination and denigration standard. Discussing some players’ refusal to wear their silver medals after losing the final, the panellists made comments including that the English players were ‘pouty little babies, pathetic, stupid, dumb, bad sportsmanship’, ‘petulant English kids’, ‘prats’, ‘it’s their upbringing’, ‘those English players who wanted to toss their medals on the ground’. The complaint was that these comments were nasty and offensive, and ‘racist’ by suggesting ‘it’s [the players’] upbringing’. The Authority noted the large majority of the comments were clearly directed at the individual players concerned, rather than commenting on a group of people....

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
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
Wignall and MediaWorks TV Ltd - 2015-034
2015-034

Summary[This summary does not form part of the decision. ]The Nation presenters wore poppy pins while they reported on ANZAC Day commemorations. The Authority did not uphold a complaint that the removal of the RSA ribbon from the pins offended current norms of good taste and decency and was misleading. While it may have upset some viewers, this was a matter of editorial discretion rather than an issue of broadcasting standards. Not Upheld: Good Taste and Decency, AccuracyIntroduction[1] The Nation presenters wore poppy pins while they reported on ANZAC Day commemorations. The RSA ribbon had been removed from the pins. [2] Russell Wignall found this offensive because he considered that altering the poppy by removing the RSA ribbon was, in effect, defacing it. [3] The issue is whether the broadcast breached the good taste and decency and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice....

Decisions
Baxter and MediaWorks TV Ltd - 2016-013 (12 May 2016)
2016-013

Summary[This summary does not form part of the decision. ]Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The Authority did not uphold a complaint that the item breached the privacy of grieving families attending the memorial service. Families in attendance at the memorial generally cannot be considered under the privacy standard, which is concerned with identifiable individuals. In any case, the coverage was duly sensitive and respectful, was not overly intrusive and did not focus on any particular individuals at length. Not Upheld: PrivacyIntroduction[1] Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The item included footage of attendees at the memorial service. [2] Iain Baxter complained that the item breached the privacy of grieving families who attended the memorial service....

Decisions
Drinnan and MediaWorks TV Ltd - 2020-100 (14 September 2020)
2020-100

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...

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
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
Hendry and Mediaworks TV Ltd - 2018-084 (18 December 2018)
2018-084

Summary[This summary does not form part of the decision. ]A complaint about comments, made by contestants about a landscaper during an episode of The Block, was not upheld. During the episode, a new landscaper started work on the property of contestants, Chlo and Em. Em referred to the landscaper and said, ‘Who’s that new meat on The Block? Come over. ’ Chlo then said ‘Some fresh meat for Em’. The complainant submitted the references to the landscaper as ‘meat’ were sexist, unacceptable and amounted to sexual harassment. The Authority highlighted the importance of context when considering whether comments of a sexual nature have breached broadcasting standards. The Authority noted that, in some contexts, these comments could be considered to be inappropriate. In this case, however, the comments did not go beyond audience expectations of The Block....

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
Martin and Mediaworks Television Ltd - 2020-002 (29 June 2020)
2020-002

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...

Decisions
Barnao and MediaWorks TV Ltd - 2019-002 (2 April 2019)
2019-002

Warning: This decision contains coarse language that some readers may find offensiveSummary[This summary does not form part of the decision. ]The Broadcasting Standards Authority has not upheld a complaint that an episode of 7 Days, in which a panellist said an Australian Santa would say ‘G’day cunts’, breached the good taste and decency standard. The Authority acknowledged that the language was coarse and may have offended some viewers. However, taking into account relevant contextual factors including the nature of the programme, which is targeted at adults, audience expectations, the Adults Only classification, the warning for ‘bad’ language at the beginning of the programme, and the time of broadcast, the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....

Decisions
Davidge and Mediaworks TV Ltd - 2020-068 (24 November 2020)
2020-068

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....

Decisions
Sta. Lucia and MediaWorks TV Ltd - 2019-048 (30 September 2019)
2019-048

The Authority has not upheld a complaint that an episode of Love Island UK, aired at 5pm and classified G, breached the children’s interests standard. The Authority noted that the episode of Love Island UK was heavily edited to meet the G classification required for the 5pm timeslot and was not the same as the extended version of the programme available online on ThreeNow. The Authority found that in the context in which it was aired the broadcast did not cause harm at the level that justified intervention by the Authority. While the episode of Love Island UK contained some mature themes, and may not reflect values that all parents and caregivers would endorse for children in their care, it did not contain content that would alarm or distress children to the extent justifying intervention....

Decisions
Richards and MediaWorks Ltd - 2020-006 (9 June 2020)
2020-006

The Authority has not upheld a complaint that a Newshub item reporting on changes to Reserve Bank rules requiring commercial banks to hold more capital in reserve was unbalanced. The item focussed on the potential effects of new capital requirements on the public, particularly borrowers. The Authority recognised that the item discussed a controversial issue of public importance and was satisfied that the item featured significant viewpoints on the particular issue discussed. The Authority also noted that the issue had been widely covered in other news media and viewers could be expected to receive a broad understanding of the main perspectives on the issue within the period of current interest. Not Upheld: Balance...

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