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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
Millar and Discovery NZ Ltd - 2021-064 (24 August 2021)
2021-064

The Authority has not upheld a complaint about a comment referring to a sex act during an episode of New Zealand Today, which the host and interviewee both laughed at. The programme was classified 16-LSC, preceded by a full-screen warning and screened at 9pm. Given audience expectations for the programme, the classification, the warning and the scheduling, the Authority found the comment would not cause widespread undue offence and audiences were able to make their own viewing choices. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Discrimination and Denigration...

Decisions
Hogan and Discovery Ltd - 2021-089 (10 November 2021)
2021-089

The Authority has not upheld a complaint alleging an item on Newshub Live at 6pm breached the accuracy standard. The item reported on inconsistencies and ‘a backdown of sorts’ regarding a discussion document on proposed changes to hate speech laws in New Zealand. The Prime Minister and Justice Minister were accused of contradicting each other and the discussion document. As the item was political comment and analysis, the accuracy standard does not apply. Not Upheld: Accuracy...

Decisions
Taylor and Discovery NZ Ltd - 2022-024 (26 April 2022)
2022-024

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that action taken by Discovery NZ Ltd was insufficient, after it upheld a complaint under the good taste and decency standard about language and behaviour in a live interview on Newshub Live at 6pm. The interviewee was the father of Olympian Zoi Sadowski-Synnott, and was interviewed after her gold medal win. The interviewee used variations of the word ‘fuck’ in his response to questions. The Authority found the decision of the broadcaster to uphold the complaint, apologise and create guidance for live interview guests was adequate action taken given the nature of the breach. Not Upheld: Good Taste and Decency (Action Taken)...

Decisions
Wightman and Discovery NZ Ltd - 2021-060 (2 August 2021)
2021-060

The Authority has not upheld a privacy complaint about an item covering ‘an early morning street brawl’. The complainant was briefly shown in the item speaking to police at the scene of the brawl. The Authority found that while the complainant was identifiable, the item did not disclose any private information over which she had a reasonable expectation of privacy. Not Upheld: Privacy...

Decisions
Olsen and Discovery NZ Ltd - 2021-055 (15 September 2021)
2021-055

The Authority did not uphold a complaint about an episode of New Zealand Today. The complaint was that an interviewee was treated unfairly, and the segment discriminated against and denigrated the elderly. Noting that comments concerning the interviewee were based on his individual actions and views (rather than his status as ‘elderly’) and that the discrimination and denigration standard is not intended to prevent the broadcast of genuine expressions of comment, legitimate humour or satire, the Authority found no breach of that standard. In the context, the Authority also found the interviewee was not treated unfairly. Not Upheld: Fairness, Discrimination and Denigration...

Decisions
Sullivan-Brown and Discovery NZ Ltd - 2021-100 (27 October 2021)
2021-100

The Authority has not upheld a complaint about the promo for Rambo Last Blood which was broadcast during the movie Despicable Me 3. The promo did not breach the children’s interests or violence standards as it was consistent with the PG-V classification for Despicable Me 3. The promo did not contain unduly disturbing or explicit violence. Not Upheld: Children’s Interests, Violence...

Decisions
Bright and Discovery NZ Ltd - 2021-152 (9 February 2022)
2021-152

The Authority has not upheld a complaint under the accuracy standard about Dr Siouxsie Wiles’ statement ‘It's safe to have the [COVID-19 Pfizer] vaccine if you're pregnant’. The Authority found the statement was materially accurate. In any event, it was reasonable for the broadcaster to rely on Dr Siouxsie Wiles as an authoritative source. Not Upheld: Accuracy...

Decisions
Kirke and Discovery NZ Ltd - 2021-020 (29 June 2021)
2021-020

The Authority has not upheld a complaint about a remark ‘there will probably be some racists tuning in’ in reference to the English greeting following ‘kia ora koutou katoa’ during a comedy skit shown on The AM Show. The complainant alleged this was ‘racist’ and the broadcaster should apologise to ‘all English-speaking people’. The Authority found ‘English-speaking people’ are not a section of society to whom the standard applies. In any event, the comment was not directed specifically at English speakers, it was satirical and it would not have met the threshold required for a breach of the standard. Not Upheld: Discrimination and Denigration...

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
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
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
Carstensen and Discovery NZ Ltd - 2022-090 (26 October 2022)
2022-090

A segment on The Project reported on ‘hateful attacks’ occurring during Pride month, including claims of discrimination at Bethlehem College (and the Ministry of Education’s announcement it will investigate the issue) and the burning down of a Rainbow Youth centre in Tauranga. The segment included an interview with a rainbow activist who considered ‘extremist Christians’ had burnt the centre down. The presenters discussed the issue following the report and noted they hoped the investigation would bring about ‘some change in a place that really needs it. ’ The complainant considered the segment breached various standards as the cause of the fire was under investigation at the time of the broadcast, and the College was portrayed unfairly. The Authority did not uphold the complaint, finding the relevant comments did not reach the high threshold justifying a restriction on freedom of expression....

Decisions
McDonald and Discovery NZ Ltd - 2021-119 (17 November 2021)
2021-119

The Authority did not uphold a complaint about a Newshub Live at 6pm item on the Paralympics depicting a hug between sisters Lisa Adams and Dame Valerie Adams. The complaint was that the broadcast breached the good taste and decency, children’s interests, and law and order standards as the Paralympics occurred amid the COVID-19 pandemic, whilst various physical distancing restrictions were in force. The Authority found the item did not breach the standards specified as it did not encourage non-compliance with COVID-19 restrictions, nor was it likely to cause widespread undue offence, or harm to children watching. Not Upheld: Good Taste and Decency, Children’s Interests, Law and Order...

Decisions
Decke and Discovery NZ Limited - 2020-076 (21 December 2020)
2020-076

In an episode of The AM Show, Opposition Leader Hon Judith Collins suggested a fellow interviewee should stop talking or she would give him a bruised nose (like she had at the time). The Authority did not uphold a complaint that the broadcast breached the violence standard. The Authority found Ms Collins’ comment justified by context and unlikely to incite or encourage violence against men. Not Upheld: Violence...

Decisions
The New Zealand Forest Owners Association Inc and Discovery TV Ltd - 2020-111 (24 February 2021)
2020-111

The Authority has not upheld a complaint from the New Zealand Forest Owners Association regarding a two-part investigation into the impact of carbon farming and the Emissions Trading Scheme on rural communities, particularly around the East Coast. The items examined the shift from sheep, beef and dairy farming to forestry, particularly carbon farming, and interviewed locals as to their perspectives on the impact of this. The Authority found the period of interest relating to the issue discussed in the items was ongoing, and that balance was achieved with significant viewpoints presented in other coverage as well as within the pieces. The Authority also found they were not inaccurate as the broadcaster made reasonable efforts to ensure the accuracy of material points of fact. Other inaccuracies raised were not material, or were technical, unimportant points unlikely to mislead viewers. Not Upheld: Balance, Accuracy...

Decisions
HJ and Discovery NZ Ltd - 2021-110 (1 December 2021)
2021-110

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached....

Decisions
McDonald and Discovery NZ Ltd - 2022-065 (23 August 2022)
2022-065

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

Decisions
Summerfield and Discovery NZ Ltd - 2021-097 (27 October 2021)
2021-097

The Authority has not upheld a complaint that comments made by Dr Michael Baker and Hon Chris Hipkins during interviews on The AM Show were inaccurate and misleading. When asked (in separate interviews) whether there had been any severe adverse reactions to the COVID-19 Pfizer vaccination recorded in New Zealand, Dr Baker stated he was not aware of any, while Mr Hipkins stated there had been ‘a handful of people’ and ‘a few’ that had experienced side effects in general. At the time of the broadcasts, there were 180 serious adverse reactions that had been reported, 0. 02% of the total doses administered. The Authority found that Dr Baker’s statements were comment, analysis or opinion to which the accuracy standard does not apply....

Decisions
Wright and Discovery NZ Ltd - 2020-143 (20 April 2021)
2020-143

The Authority has not upheld a complaint that a Newshub Nation item reporting poll results on support for Auckland Central constituency candidates was misleading, as it excluded undecided voters. The Authority found the results were not inaccurate or misleading in the context of the whole item. There was lengthy discussion that followed concerning the poll results and the views of each of the candidates, and at the end of the item, the reporter advised more than 20% of voters still had not decided which candidate to support. Overall, the Authority did not find actual or potential harm that justified regulatory intervention or limiting the right to freedom of expression. Not Upheld: Accuracy...

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