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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
Tempero and MediaWorks TV Ltd - 2019-011 (7 May 2019)
2019-011

The Authority has not upheld a complaint that a Newshub item, which featured blurred footage of a child, was in breach of the children’s interests standard. The item reported on the conviction of a British tourist for stealing from a service station and featured blurred footage of the woman’s child as the pair exited a New Zealand court. The Authority noted that the children’s interests standard is designed to protect children when viewing and listening to broadcasts. Complaints about children featured in broadcasts are more appropriately dealt with under other standards. In any event, there was no material in this item that might have adversely affected child viewers....

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....

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
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
Right to Life NZ and MediaWorks TV Ltd - 2015-003
2015-003

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....

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
Pask and Mediaworks TV Ltd - 2019-057 (18 November 2019)
2019-057

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning US immigration breached the good taste and decency and balance standards. The complaint was that showing the bodies of a toddler and her father who drowned while trying to enter the US was gratuitous, and that the item’s coverage of migrant detention camps and interviews with protestors outside were unbalanced as no comment was included from US authorities. The Authority found that including the images of dead bodies was justified in the public interest, and the warning preceding them was sufficient to enable viewers to exercise choice and control over their viewing, so there was no breach of good taste and decency....

Decisions
Newfield and MediaWorks TV Ltd - 2016-093 (17 March 2017)
2016-093

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....

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
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
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
Edwards and Mediaworks TV Ltd - 2017-085 (2 November 2017)
2017-085

Summary [This summary does not form part of the decision. ] A panel discussion following the Newshub Leaders Debate featured comments from political commentator, Matthew Hooton, regarding Labour’s tax policies, including that Jacinda Ardern was ‘not telling the truth about her plans for tax’ and that she was ‘refusing to tell’ New Zealanders about the party’s tax plan. The Authority did not uphold a complaint that these comments were unfounded and biased, and that Ms Ardern should have been given a right of reply. The Authority found that, in the interests of balance, Ms Ardern was given a reasonable opportunity throughout the debate and during questioning from panel members, to explain Labour’s proposed approach to a review of the tax system and to address the perception that New Zealanders would not have the opportunity to view Labour’s full policy before voting....

Decisions
Cloud Ocean Water and MediaWorks TV Ltd - 2018-037 (23 July 2018)
2018-037

Summary[This summary does not form part of the decision. ]An item on Newshub explored concerns of members of the public and the Christchurch City Council regarding potential water contamination from a bore drilled by Cloud Ocean Water and pending judicial review action taken against Environment Canterbury (ECan) over their resource consent processes. The Authority did not uphold a complaint that the broadcast was inaccurate and unfair to Cloud Ocean Water. The Authority found that Cloud Ocean Water’s responses to questions from Newshub prior to the broadcast were fairly reflected in the item, and that viewers were unlikely to be misled regarding the nature of Cloud Ocean Water’s involvement in the resource consent process or the judicial review....

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
Ministry of Education & I.D.C. New Zealand Ltd and Mediaworks TV Ltd - 2019-101 (29 June 2020)
2019-101

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...

Decisions
Right to Life New Zealand and MediaWorks TV Ltd - 2018-033 (23 July 2018)
2018-033

Summary[This summary does not form part of the decision. ]An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament. The item featured interviews with advocates for and against the legalisation of euthanasia in Aotearoa. The Authority did not uphold a complaint that the item was unbalanced or that the use of certain terms such as ‘euthanasia’ was inaccurate. The Authority recognised the legalisation of euthanasia is an important and ongoing issue of public importance in New Zealand. The Authority found that overall the item was sufficiently balanced and was unlikely to mislead or misinform viewers, so any restriction on the broadcaster’s freedom of expression would be unjustified. Not Upheld: Balance, AccuracyThe broadcast[1] An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament....

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
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
McGovern and MediaWorks TV Ltd - 2020-050 (14 September 2020)
2020-050

The Authority did not uphold a complaint that comments made by Paul Henry during Rebuilding Paradise with Paul Henry undermined the Director-General of Health’s directions regarding compliance with COVID-19 Alert-Level conditions. Mr Henry noted there were no new cases of COVID-19 on the day of broadcast and commented, ‘I don’t want Dr Ashley Bloomfield to threaten me and you with the “if New Zealanders aren’t good at Level 3, they won’t get to Level 2” warning. I realise people think he walks on water, but I don’t. …Obedience in the population is the job of the police and, god help us, the reluctant [Police] Commissioner’. Noting the importance of the right to freedom of expression and that Mr Henry was clearly giving his views on a topic of high public interest, the Authority found no actual or potential harm that justified regulatory intervention....

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