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Decisions
O’Neill and Discovery NZ Ltd - 2022-085 (12 October 2022)
2022-085

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...

Decisions
Smith-West and Discovery NZ - 2022-110 (20 December 2022)
2022-110

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...

Decisions
Yuan and Discovery NZ Limited - 2022-044 (18 May 2022)
2022-044

The Authority did not uphold a complaint that a Newshub Live at 6pm report into the crash of China Eastern Flight MU5735 breached the accuracy, fairness, and discrimination and denigration standards. The complaint was in relation to speculation the crash might have been due to a deliberate act from the cockpit. The Authority acknowledged, while the discussion on the recently occurring tragedy may have been distressing to some viewers, the words were clearly stated as commentary, analysis and opinion, rather than fact, and therefore the accuracy standard did not apply. No discrimination or denigration was found, and the fairness standard did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

Decisions
Pemberton and Discovery NZ Ltd - 2023-034 (14 June 2023)
2023-034

The Authority has declined to determine an accuracy complaint about a news item referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

Decisions
Greyhound Racing New Zealand and Discovery NZ Ltd - 2023-073 (31 January 2024)
2023-073

The Authority has partially upheld a complaint in relation to the accuracy of a Newshub Live at 6pm item about a person alleged to have harmed greyhounds. It alleged details about the accused were inaccurate and images of an unrelated dog accompanying the report were misleading. The Authority found the relevant details regarding the accused were not materially inaccurate. It found the broadcaster was correct in upholding the complaint initially in relation to the images used, but action taken in response was not sufficient to remedy the likely reputational damage to the handler and industry. The Authority held publication of this decision was sufficient remedy for the breach in all the circumstances. Upheld: Accuracy (Action Taken) No Orders...

Decisions
Bott and Discovery NZ Ltd - 2024-047 (14 October 2024)
2024-047

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....

Decisions
Flanagan and Discovery NZ Ltd - 2024-020 (22 April 2024)
2024-020

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...

Decisions
Carson and Discovery NZ Ltd - 2024-001 (20 February 2024)
2024-001

The Authority has declined to determine a complaint about comments made by the Political Editor on Newshub Live at 6pm, reporting on the first day of the new Parliament. Comments included that the Speech from the Throne sometimes sounded ‘like a National Party social media video’ and putting to Prime Minister Christopher Luxon ‘that’s National Party spin. ’ The complaint alleged this should have been identified as an opinion piece, and the Political Editor should be ‘unbiased’ and stick to news, not adding opinions. Declined to Determine: Balance, Accuracy, Fairness...

Decisions
Rolston and Discovery NZ Ltd - 2023-024 (26 July 2023)
2023-024

The Authority has declined to determine a complaint an item on Newshub Live at 6pm breached the accuracy and balance standards, for including a statement linking the Auckland Anniversary floods to climate change. The complainant considered the broadcast should not have contained reference to climate change, and that climate change should not be presented as fact. Given the Authority has previously found the existence of climate change caused by humans is not a controversial issue of public importance for the purpose of the balance standard, and the accuracy standard is only concerned with material statements of fact, the Authority considered it appropriate to decline to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances the complaint should not be determined): Accuracy, Balance...

Decisions
Huriwai-Seger and Discovery NZ Ltd - 2023-105 (16 January 2024)
2023-105

The Authority has not upheld a complaint that a Newshub Live at 6pm item suggesting Labour’s Affordable Water Reform policy encompassed controls over all freshwater breached the accuracy standard. The Authority found the relevant references to freshwater were inaccurate. However, in the context of a story about Mayor Wayne Brown’s concerns for Auckland ratepayers and call to action for National, such detail regarding Labour’s policy was not material to the audience’s overall understanding of the item. Not Upheld: Accuracy...

Decisions
GS and Discovery NZ Ltd - 2023-090 (29 November 2023)
2023-090

The Authority has not upheld a complaint that it was inaccurate and unbalanced for an item on Newshub Live at 6pm to claim there are two main ways to teach literacy in New Zealand when there are several. The item concerned the National Party’s proposed policy to make ‘structured literacy’ the compulsory teaching method in New Zealand schools. The Authority found the simplified statement was materially accurate, and any technical inaccuracy in the description of literacy teaching methods would not have affected the audience’s understanding of the programme as a whole. In the context of a brief news item, focused on National Party policy, the Authority also considered the item to have included sufficient perspectives on the issue of literacy teaching methods. Not Upheld: Accuracy, Balance...

Decisions
Winyard & Goodwin and Discovery NZ Ltd - 2021-155 (18 May 2022)
2021-155

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....

Decisions
Wade and Discovery NZ Ltd - 2022-018 (11 April 2022)
2022-018

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...

Decisions
Greyhound Racing New Zealand Inc and Discovery NZ Ltd - 2023-116 (8 April 2024)
2023-116

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...

Decisions
Judge and Discovery NZ Ltd - 2023-021 (14 June 2023)
2023-021

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the balance standard. The broadcast commented on Chris Hipkins’s first day as Prime Minister, and noted after only a few hours into the role, he did not have any ‘tangible’ policy to announce. The complainant alleged the broadcasting was biased, and unbalanced. The Authority did not uphold the complaint, finding the balance standard did not apply as the broadcast did not discuss an issue of public importance, the complainant did not specify which balancing perspectives they considered were not presented, and in any event, relevant perspectives had been presented in the broadcast.   Not Upheld: Balance...

Decisions
The New Zealand Forest Owners Association Inc and Discovery NZ Ltd - 2022-022 (26 April 2022)
2022-022

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....

Decisions
Findlay and Discovery NZ Ltd - 2022-078 (31 August 2022)
2022-078

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...

Decisions
Franklin and Discovery NZ Ltd - 2022-113 (20 December 2022)
2022-113

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...

Decisions
Singh and Discovery NZ Ltd - 2022-123 (20 December 2022)
2022-123

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...

Decisions
Frewen and Discovery NZ Ltd - 2021-115 (17 November 2021)
2021-115

The Authority has declined to determine a complaint, under the accuracy standard, about an item on Newshub Live at 6pm. The complainant alleged that analysis of a New Zealand political poll, including a translation of the poll results into seats in Parliament and the statement Labour ‘no longer governs alone’, was misleading, noting it was just a poll and Labour has a Co-operation Agreement with the Green Party. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

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