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The Authority has declined to determine a complaint regarding a broadcast including an interview with a lawyer who was represented as a ‘political commentator’. The complainant made several unsubstantiated allegations to the effect the lawyer was corrupt, and the broadcaster should have disclosed their alleged corruption. The Authority considered the complaint should not be determined in the circumstances as it amounted to the complainant’s personal preference on who should be interviewed, and how they should be portrayed, which are matters of editorial discretion not capable of being resolved by the broadcasting standards complaints process. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Law and Order, Balance...

The Authority has not upheld a complaint an item on Newshub Live at 6pm, reporting on a draft report by the Ministry for Primary Industries | Manatū Ahu Matua proposing to ban many events in the sport of rodeo, was unbalanced and unfair. While the complainant was concerned the item lacked ‘pro‑rodeo’ perspectives, the Authority found the item made reasonable efforts to present significant points of view in the item, noting audiences can be expected to be aware of pro-rodeo perspectives as part of ongoing media coverage. The fairness standard was not breached in respect of the New Zealand Rodeo Cowboys Association (who were provided an opportunity to comment and were not otherwise treated unfairly) and did not apply in respect of other individuals or organisations named by the complainant given they were not referred to in the broadcast, as required by the standard. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint under the accuracy and balance standards about an item discussing the impact of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act) on medical research, particularly in the context of COVID-19 vaccines. The item contained opinions from three scientists, which were not subject to the factual accuracy requirement and were presented accurately. The item was not required to include detail about how the HSNO Act regulated outdoor use of genetic modification compared to medical or laboratory use, as this was not material to the broadcast. The item also contained differing views, so balance was achieved within the programme. Not Upheld: Accuracy, Balance...

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, which discussed a draft film script for the proposed film They Are Us, based on events surrounding the Christchurch terror attack on 15 March 2019. The complainant considered comments made during the broadcast, such as that the script was ‘a misleading and dishonest Americanisation of what happened in this country’ were derogatory towards Americans, and breached the discrimination and denigration standard. The Authority acknowledged the comments had the potential to cause offence, but found they did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint that an item on Newshub Live at 6pm reporting on a disqualification hearing for a greyhound trainer was inaccurate and unfair. The complainant argued the broadcast’s description of the facts leading to two charges against the trainer (related to failing to ensure the welfare of two dogs), was misleading. The complainant also argued it was unfair to comment on the trainer’s potential disqualification sentence before it had been finalised, impeding the trainer’s ‘right to a fair trial’. The Authority found the broadcast was not materially misleading overall, or reasonable efforts had been made to ensure accuracy, and did not give rise to any unfairness to the trainer. The public interest in the story outweighed the low risk of harm. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint that an item on Newshub Live at 6pm on 7 October 2021, reporting on criticism of National Party leader Hon Judith Collins in the Mood of the Boardroom survey, breached the balance and fairness standards by failing to refer to the survey’s criticism of Prime Minister Jacinda Ardern. The Authority found the balance standard did not apply as the complaint did not concern a controversial issue of public importance. It further found the broadcast did not go beyond the level of robust scrutiny and political analysis that could reasonably be expected of the Leader of the Opposition, and therefore the fairness standard was not breached. Not Upheld: Balance, Fairness...

The Authority has not upheld a complaint alleging an item on Newshub Live at 6pm lacked balance. The item reported on reactions to the sentencing of a person involved in the ‘coward punch’ death of a prominent Auckland kickboxer. A person’s sentencing is not a controversial issue of public importance, so the balance standard does not apply. In any case, it was clear the item was coming from a particular perspective. Not Upheld: Balance...

The Authority has not upheld a complaint about a report regarding a heckler at a press conference by Prime Minister Jacinda Ardern, as the balance standard did not apply. It also found a report featuring footage of beach handball players’ uniforms did not breach the good taste and decency standard as the clip was not likely to undermine current norms of good taste and decency and the footage was justified in context. Not Upheld: Balance, Good Taste and Decency...

The Authority did not uphold a complaint that two items on Newshub Live at 6pm breached the offensive and disturbing content, and children’s interests standards. The programme included interviewees using the terms ‘shit’ and ‘holy shit’. Considering relevant contextual factors, the BSA’s guidelines on low-level language, and the expectation children are supervised when watching the news, the Authority found the relevant language was not at a level meriting regulatory intervention. Not Upheld: Offensive and Disturbing Content, and Children’s Interests...

The Authority has not upheld a complaint about a joke made during the studio introduction to a report on a fire at The Great Western Racecourse in Victoria, Australia. The complainant alleged the comment ‘Well, the hottest tip in horse racing in Australia yesterday was “save your car from the flames” and it wasn't the name of a horse’ was mocking and in poor taste. The Authority found as the item itself was serious, no people or animals were hurt and the joke did not directly mock fire or property damage, it did not breach the good taste and decency standard. Not Upheld: Good Taste and Decency...

An item on Newshub Live at 6pm reported on artist Tāme Iti correcting the spelling of his name on an artwork by Dean Proudfoot. After the item aired, the host commented ‘fair enough. ’ The complainant considered this comment breached the promotion of illegal or antisocial behaviour standard by justifying Iti’s actions, thereby encouraging illegal behaviour (alleged vandalism). The Authority did not uphold the complaint, finding the brief, off the cuff comment was unlikely to encourage illegal or antisocial behaviour. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

The Authority has not upheld an accuracy complaint about a statement by Newshub’s political editor, ‘the Government announced today it is going to be scrapping cultural reports [used in sentencing],’ following an item focused on the Prime Minister’s comments at Waitangi and on the Treaty Principles Bill. The complaint alleged it was misleading to say the reports had been ‘scrapped’ when the Government had actually announced it would remove legal aid funding for the reports. The Authority was not convinced the statement was inaccurate, given the practical effect of removing Legal Aid funding for cultural reports; and even if it were, the alleged inaccuracy was not material to the segment, and would not have impacted audience’s understanding of the broadcast as a whole. Not Upheld: Accuracy...

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on an instance of alleged illegal fishing in a marine reserve. The introduction stated, ‘A dive company owner has described [the fishing] as a “blatant and reckless raiding party”. Video posted on social media appears to show the men at the Poor Knights Islands [which has] been protected for decades…’ Clips of the video were shown in the item, with the individuals’ faces blurred. The complaint was that the story was ‘ill informed’ and had caused ‘a lot of harm’ to the individuals involved and their families, including death threats....

The Authority has not upheld an accuracy complaint about an item on Newshub Live at 6pm which referred to ‘countless drive-by shooting incidents in recent weeks’, in the context of reporting on community efforts to limit gang tension and violence in Auckland in the lead up to a Tonga national rugby league match. The Authority found the item was materially accurate, and it would be contrary to the right, and value, of freedom of expression to restrict such speech. Not Upheld: Accuracy...

The Authority has not upheld a complaint from the New Zealand Forest Owners Association alleging an item about the sale of a sheep and beef station, Huiarua, to an overseas buyer breached the accuracy and balance standards. The Authority found no breach of the balance standard as the majority of the item was about the sale of a specific piece of land, and the period of interest is ongoing. The broadcaster also noted it would endeavour to include forestry perspectives in future items covering the issue. In context, it was not misleading for the item to not discuss the ‘special forestry pathway’ under the Overseas Investment Act, and the distinction between production forestry and carbon farming was not material to the item. While there were aspects of the issues discussed which were not included in the item, it would not have misled viewers to an extent justifying regulatory intervention....

The Authority has not upheld a complaint that a segment on Newshub Live at 6pm breached the offensive and disturbing content, discrimination and denigration, and fairness standards. The segment referred to two recent kidnapping attempts, and asked for witnesses to come forward to help identify the alleged perpetrator. During the segment, a video was shown of the alleged perpetrator, who was described as ‘possibly Indian’. The Authority did not uphold the complaint under any of the nominated standards, finding the broadcast was a straightforward news item; the language used was not offensive or disturbing; did not contain malice or nastiness; and was unlikely to encourage discrimination against, or denigration of a section of the community. The fairness standard did not apply. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Fairness...

The Authority has not upheld a complaint that an item on Newshub Live at 6pm, which broke the story of Dr Jonie Girouard issuing medical certificates to patients to attempt to use as vaccine exemptions, breached the privacy and law and order standards. The item featured hidden camera footage filmed by an undercover journalist posing as a patient at Dr Girouard’s practice. The Authority found the footage shown did not breach the privacy of other patients at the practice who were filmed without their consent, as they were not identifiable. It found that the footage did breach the privacy of Dr Girouard, on the basis she was identifiable in the broadcast, and the covert footage amounted to a highly offensive intrusion on her reasonable expectation of seclusion....

An item on Newshub Live at 6pm reported on the results of a poll with the question ‘When Queen Elizabeth II is no longer queen, should New Zealand break away from the Commonwealth and become a republic? ’ From this poll, the item reported ‘almost half of us’ want to remain in the monarchy after the Queen dies. The complainant alleged that the question was misleading as it implied that for New Zealand to transition to a republic, it must also leave the Commonwealth, which is not the case. The complainant argued that the item’s reporting on the poll results as representing support for the monarchy, was therefore inaccurate....

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....