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Decisions
Newman and Discovery NZ Ltd - 2022-130 (7 March 2023)
2022-130

The Authority has not upheld a complaint that a Newshub Live at 6pm report regarding water fluoridation and the Three Waters proposal breached the balance, accuracy and fairness standards. While the issue of how to improve Aotearoa New Zealand’s fluoridation is a controversial issue of public importance, the report included major perspectives on this issue, including alternatives such as central government orders, imposition of penalties and better data collection, as well as the Three Waters proposal. On this basis the balance standard was not breached. The complainant’s submissions under the accuracy standard concerned analysis to which the standard does not apply. The fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Vorwerk and Discovery NZ Ltd - 2020-158 (31 March 2021)
2020-158

The Authority declined to determine a complaint about the use of te reo Māori on Newshub Live at 6pm. Te reo Māori is an official New Zealand language. Its use is a matter of editorial discretion appropriately determined by broadcasters. The Authority declined to determine the complaint because the use of te reo Māori does not raise any issue of broadcasting standards. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance...

Decisions
McDonald and Discovery NZ Ltd - 2021-004 (25 May 2021)
2021-004

The Authority did not uphold a complaint about a promo for Taranaki Hard. The Authority found the item was within audience expectations for a promo shown during an unclassified news programme. It did not actively promote or glamorise illegal behaviour nor was it likely to cause widespread undue offence or cause harm to children watching. Not Upheld: Law and Order, Good Taste and Decency, Children’s Interests...

Decisions
West and Discovery New Zealand Ltd - 2022-038 (21 June 2022)
2022-038

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

Decisions
Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

Decisions
Milina and Discovery NZ Ltd - 2024-029 (16 July 2024)
2024-029

The Authority has upheld a complaint that promos for Quiet on Set: The Dark Side of Kids TV, Paper Dolls and The Playboy Murders broadcast during family movie Scoob! breached the offensive and disturbing content and children’s interests standards, and that action taken by the broadcaster in response to the complaint was insufficient. The Authority found that, viewed cumulatively, the promos went beyond expectations of the host programme and its PG-VL classification, and scheduling them during Scoob! meant the broadcaster did not enable child viewers to be protected from potentially unsuitable content. The Authority did not make any orders, however, finding publication of the decision was sufficient to publicly notify and remedy the breach and to provide guidance to the broadcaster and broadcasters generally. Upheld: Offensive and Disturbing Content, Children’s Interests (Action Taken) No Order...

Decisions
Grammer and Discovery NZ Ltd - 2021-070 (24 August 2021)
2021-070

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...

Decisions
Chambers and Discovery NZ Ltd - 2021-108 (17 November 2021)
2021-108

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...

Decisions
Wellington Palestine Group and Discovery NZ Ltd - 2022-082 (8 November 2022)
2022-082

The Authority has not upheld an accuracy complaint about an item on Newshub Live at 6pm reporting on clashes between mourners and Israeli police at the funeral of a Palestinian-American journalist in East Jerusalem. Footage of the events was accompanied by a caption onscreen stating ‘Jerusalem, Israel,’ which the complainant considered was inaccurate. The Authority found the brief caption would not have materially affected viewers’ understanding of the item as a whole and therefore the accuracy standard was not breached. Not Upheld: Accuracy...

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
Lafraie and Discovery NZ Ltd - 2023-114 (20 February 2024)
2023-114

The Authority has not upheld a complaint that a series of interviews broadcast on Newshub Nation were unbalanced. The complainant alleged that an Israel Defence Force (IDF) spokesperson was given free rein to repeat propaganda, and while other perspectives were included, none of these were the perspectives of Hamas or a Palestinian spokesperson. The Authority found while the issue of the Israel-Hamas conflict is a controversial issue of public importance, the broadcast included sufficient perspectives on the matter for the purposes of the standard. It also noted that the large volume of news concerning the conflict meant audiences were likely to be aware of alternate perspectives. Not Upheld: Balance...

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
GE Free NZ in Food & Environment Inc and Discovery NZ Ltd - 2024-007 (20 March 2024)
2024-007

The Authority has not upheld a complaint that a segment on AM, discussing the possible deregulation of GMOs, breached the balance and accuracy standards of the Code of Broadcasting Standards in New Zealand. The segment included two interviews with proponents for deregulation, which the complainant considered to be unbalanced, resulting in the audience being misled. The Authority did not uphold the balance complaint, finding the segment adequately acknowledged the existence of other perspectives, and that the topic had a long history of controversy, meaning the audience could reasonably be expected to be aware of different perspectives. The Authority did not uphold the accuracy complaint, finding the introduction of one of the interviewees was not misleading. Not Upheld: Accuracy, Balance...

Decisions
Alexander and Discovery NZ Ltd - 2023-076 (29 November 2023)
2023-076

An item on Paddy Gower Has Issues investigated the predator control of feral cats, and discussed whether or not feral cats should be included in the Predator Free 2050 strategy. The broadcast included footage of feral cats being trapped and shot, and people carrying, and holding up the carcasses. The Authority did not uphold the complaint the broadcast breached multiple standards, finding relevant footage was clearly signposted by the host, who provided two warnings to viewers about the content. Viewers were therefore given a reasonable opportunity to make a different viewing choice for themselves or children in their care. The footage depicted no undue cruelty or suffering, and while some viewers may have found it unpleasant to watch, the broadcast of hunting and pest control footage is generally acceptable in New Zealand provided it does not depict undue cruelty....

Decisions
TC and Discovery NZ Ltd - 2021-047 (29 June 2021)
2021-047

The Authority has not upheld a privacy complaint about an episode of David Lomas Investigates, which covered the story of a woman who as a baby was found on the footpath wrapped in newspaper. In two segments, Mr Lomas visited the address at which the baby was reportedly found, and during the course of the programme disclosed the street, suburb and city. Two letterbox numbers at the bottom of an entrance path and steps were also shown ‘at the next property’, as an example of what the address may have looked like when the baby was found (before construction of the new building on the property). The complainant argued this breached her privacy as the programme disclosed her full address and filmed her property without notifying her or asking for permission....

Decisions
Hall and Discovery NZ Ltd - 2020-159 (22 June 2021)
2020-159

The Authority has not upheld a complaint about an item on The Project, which discussed the financing of the Government’s $50 billion COVID-19 rescue and recovery budget. It suggested New Zealanders are borrowing this money from the Central Bank in the form of payment for Government bonds. The complainant argued this was inaccurate because New Zealanders are borrowing the money from private institutions. He also complained the broadcast confused direct monetary financing with quantitative easing by suggesting the Reserve Bank was buying bonds directly from the Government (rather than from private institutions). The Authority found the broadcast was materially accurate overall and unlikely to mislead viewers. Not Upheld: Accuracy...

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
Gebbie and Discovery NZ Ltd - 2022-073 (23 August 2022)
2022-073

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the discrimination and denigration standard in its discussion of the social media and wider impact of the Johnny Depp-Amber Heard defamation trial. The Authority noted the issue of the genders of victims and perpetrators of domestic violence was not the focus of the broadcast, and it did not reach the high threshold of condemnation necessary to find a breach of the standard. Not Upheld: 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
Holswich and Discovery NZ Limited - 2020-113 (21 December 2020)
2020-113

The Authority has not upheld a complaint about a segment on Newshub which stated, ‘The White House has reportedly asked about adding President Trump's face to the famous granite carvings at the Mount Rushmore National Memorial’. The complainant submitted the news was fake and Mr Trump had already confirmed this before the broadcast. The Authority noted the statement was qualified by the word ‘reportedly’, and was accurate to the extent such reports had been made. While the segment carried little value in terms of public interest, the Authority found viewers were unlikely to have been misled. Not Upheld: Accuracy...

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