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Decisions
Allison and Discovery NZ Ltd - 2020-142 (16 March 2021)
2020-124

The Authority did not uphold a complaint that use of the term ‘wanker’ was inappropriate and offensive in breach of the good taste and decency standard. Taking into account the relevant contextual factors, the use of the term was unlikely to cause widespread undue offence, or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

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
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
Robinson and Discovery NZ Ltd - 2021-133 (9 February 2022)
2021-133

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...

Decisions
New Zealand Republic Inc and Discovery New Zealand Ltd - 2022-030 (6 July 2022)
2022-030

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....

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
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
Julian and Discovery NZ Ltd - 2020-152 (20 April 2021)
2020-152

The Authority has not upheld a complaint that an item summarising latest election poll results on Newshub breached the accuracy standard. The standard applies only to statements of fact, and the statements in question were clearly distinguishable as news analysis. 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
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)...

Decisions
New Zealand Greyhound Racing Association Inc and Discovery NZ Inc - 2022-084 (30 January 2023)
2022-084

The Authority has upheld a complaint about an item on Newshub Live at 6pm that discussed the alleged misuse of public funds for safety improvements at a greyhound racetrack. The complainant alleged the programme did not present a balanced view of the issue and misled the audience on key facts regarding what action was taken at the raceway. The Authority found the item was presented in a way that favoured the perspectives of those critical of the racing club’s actions, without giving reasonable opportunities to provide balance from the other side of the story. The Authority also found that a collection of factual errors in the item meant, overall, viewers were materially misled. Upheld: Balance, Accuracy...

Decisions
McDonald and Discovery NZ Ltd - 2021-005 (25 May 2021)
2021-005

The Authority did not uphold an accuracy complaint about a Newshub item describing a storm in Australia as a ‘one in 100 year storm’. The statement was a technical point unlikely to significantly affect the audience’s understanding of the item as a whole. Not Upheld: Accuracy...

Decisions
Hoare and Discovery NZ Ltd - 2020-136 (9 March 2021)
2020-136

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, in which Prince Charles’ Duchy of Cornwall fund was described as ‘essentially his private slush fund’. The complaint was that this description was inaccurate and suggested illegal practices. In the context, given the public’s general understanding of ‘slush fund’, and the discretionary nature of the Duchy of Cornwall fund, the Authority found the use of the term was not inaccurate or misleading. The Authority also found this term did not undermine widely held community standards, and the balance standard did not apply. Not Upheld: Accuracy, Good Taste and Decency, Balance...

Decisions
O’Brien and Discovery NZ Ltd - 2021-006 (22 June 2021)
2021-006

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, covering the reactions of world leaders to the Capitol Hill riots in Washington DC, that referred to Iran’s president Hassan Rouhani as ‘Iran’s dictator’. The Authority found the description was not a material fact in the context of the item, and in any case the caption describing Mr Rouhani as ‘President of Iran’ reduced any risk of viewers being misled. Not Upheld: Accuracy...

Decisions
Maysmor and Discovery NZ Ltd - 2021-048 (21 July 2021)
2021-048

The Authority has not upheld a complaint about multiple images of needles and vaccinations being performed shown in two Newshub Live at 6pm items reporting on COVID-19. The Authority found the images were unlikely to cause widespread undue offence. There is a high public interest and value in news reporting about the vaccination programme. In the context of a news item, the images would not adversely affect child viewers. The balance standard did not apply. Not Upheld: Good taste and decency, Children’s interests, Balance...

Decisions
Bowkett and Discovery NZ Ltd - 2020-103 (21 December 2020)
2020-103

The Authority has not upheld a complaint regarding the question ‘How can anyone trust anything that you say? ’ put to Dr Ashley Bloomfield, Director-General of Health, following the positive tests of two women who were released from managed isolation on compassionate grounds. Dr Bloomfield’s answers to the question (which was posed twice) were shown on-air. Viewers would not have been left with an unduly negative impression of him. As a public health official he is reasonably subject to robust scrutiny, especially during a pandemic. The fairness standard was accordingly not breached and the remaining standards did not apply. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Engleby and Discovery NZ Ltd - 2021-118 (1 December 2021)
2021-118

The Authority has not upheld a complaint that a clip of members of Action Zealandia shown in the documentary Patrick Gower: On Hate breached the fairness standard. The clip, approximately four seconds long, showed several unidentifiable members walking with a flag bearing Action Zealandia’s symbol. The complainant alleged that the broadcast unfairly associated the group with terrorism, and that Action Zealandia should have been given the opportunity to comment. The Authority considered the group’s participation was minor in the context of the broadcast. The broadcaster was therefore not required to inform Action Zealandia that the clip would be featured. It further found that the broadcaster was not obliged to give Action Zealandia an opportunity to comment as part of the documentary. Not Upheld: Fairness...

Decisions
WL and Discovery NZ Ltd - 2020-167 (29 June 2021)
2020-167

The Authority upheld a privacy complaint about a Newshub item showing footage of children being uplifted from their homes by Oranga Tamariki. The Authority considered there was adequate information in the clip to enable identification of the children. While the story carried high public interest, protecting children’s privacy interests, particularly where the children are clearly vulnerable, must be paramount in broadcasters’ editorial decision making. Insufficient steps were taken to protect the children’s identities, and given the highly sensitive and distressing circumstances, the Authority considered the disclosure of footage enabling their identification was highly offensive. Upheld: Privacy Orders: Section 16(4) – $1500 costs to the Crown...

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
Wilson and Discovery NZ - 2021-026 (21 July 2021)
2021-026

The Authority has not upheld a complaint a news item about sex workers and escorts opening up about their work on social media breached the good taste and decency, children’s interests and programme information standards. The Authority noted the public interest in the broadcast and considered the content was within audience expectations for the news. In this context, the Authority found the item was unlikely to cause widespread offence or undermine community standards. The Authority also found the introduction to the item was sufficient to inform viewers of the nature of the coverage, enabling them to adequately protect themselves and their children from the content by choosing not to watch. Not Upheld: Good Taste and Decency, Children’s Interests, Programme Information...

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