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Decisions
Jones and Discovery NZ Ltd - 2023-006 (12 April 2023)
2023-006

The Authority declined to determine a complaint alleging an item on AM breached the offensive and disturbing content and children’s interest standards. The broadcast included the phrase ‘get the bloody hell out of here’. In light of the Authority’s guidance on complaints that are unlikely to succeed and previous decisions on low-level offensive language, the Authority considered it appropriate to decline to determine the complaint.   Declined to determine: Offensive and Disturbing Content, Children’s Interests (section 11(b) of the Broadcasting Act 1989)...

Decisions
Harris and Discovery NZ Ltd - 2021-057 (24 August 2021)
2021-057

The Authority did not uphold a complaint about questions asked of a New Zealander stranded in India following the Government’s suspension of travel. The complaint alleged the questions breached the law and order standard as they suggested numerous ways the interviewee could avoid the travel ban and illegally return home. The Authority found the questions did not actively encourage illegal activity nor actively undermine law and order, and there was a high public interest in the broadcast.   Not Upheld: Law and Order...

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
McDonald and Discovery NZ Ltd - 2020-115 (28 January 2021)
2020-115

The Authority declined to determine three complaints as they did not raise clear concerns capable of being addressed by the complaints process. Decline to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Good Taste and Decency, Children’s Interests, Violence, Alcohol, Accuracy...

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
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
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
McCaughan and Discovery NZ Ltd - 2020-165 (25 May 2021)
2020-165

The Authority did not uphold a complaint that the phrase ‘pissed off’ in the opening to a news item breached the good taste and decency and children’s interests standards. The phrase was unlikely to cause widespread undue offence or cause specific harm to a child audience. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Gibson and Discovery NZ Limited - 2021-096 (27 October 2021)
2021-096

A promo of Killer Couples was aired during the programme Drop Dead Fred at 7. 49pm. The Authority did not uphold a complaint the promo breached the good taste and decency, children’s interests and violence standards. The Authority found the promo was unlikely to cause widespread undue offence or distress and did not go beyond what was expected in a PG classification. It also found the promo did not include any violent content as envisaged by the violence standard. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Decisions
Middleton and Discovery NZ Ltd - 2022-119 (8 February 2023)
2022-119

A promo for Comedy Gala aired during the programme Newshub Live at 6pm, stating ‘Prepare your pelvic floor, as you run the risk of wetting yourself. ’ The Authority did not uphold a complaint this statement breached the offensive and disturbing content, children’s interests and discrimination and denigration standards. It found the statement was a light-hearted joke directed at people generally, rather than just women as alleged by the complainant, and was suitable for a PG-rated environment. It further found the joke would not have encouraged the denigration of, or discrimination against women. Not Upheld: Offensive and Disturbing Content, Children’s Interests, Discrimination and Denigration...

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
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...

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
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
Connolly and Discovery NZ Ltd - 2021-037 (11 August 2021)
2021-037

The Authority has not upheld a complaint that a comment made by the Hon. Debbie Ngarewa-Packer about the BMI test being ‘crafted by white supremacists’ breached the discrimination and denigration standard. Ms Ngarewa-Packer’s comment was a genuine expression of her opinion on a matter of public interest – possible discrimination in access to public funding for IVF treatment. The standard, which has a high threshold, was not intended to prevent the broadcast of such opinions, the Authority found. Not Upheld: Discrimination and Denigration...

Decisions
Greenslade and Discovery NZ Ltd - 2021-105 (10 November 2021)
2021-105

The Authority declined to determine a complaint that The Hui breached the discrimination and denigration standard through its use of te reo Māori without subtitles, and by demonstrating ‘Māori-centric racism’ in its discussion of whether mātauranga Māori should be viewed as science. In all the circumstances, the Authority found the complaint did not raise any issues of broadcasting standards that could properly be determined by its complaints process. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances)...

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
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
Livingstone and Discovery NZ Ltd - 2023-013 (16 May 2023)
2023-013

The Authority has not upheld a complaint that a promo leading to a news report on Newshub Live at 6pm breached the discrimination and denigration standard in its use of the word ‘Aboriginals’ when describing Aboriginal peoples / First Nations peoples in Alice Springs, and for discussing concerns of rising crime in Alice Springs. While acknowledging the description ‘Aboriginals’ rather than ‘Aboriginal people(s)’, is no longer considered appropriate terminology in Australia, the host’s statement was made without malice or nastiness as part of a straightforward news report on rising criminal activity. The broadcaster also advised the complainant’s concern regarding correct terminology has been passed on to the Newshub team. The Authority did not consider regulatory intervention justified in these circumstances. Not Upheld: Discrimination and Denigration...

Decisions
Benefield and Discovery NZ Ltd - 2023-069 (16 January 2024)
2023-069

The Authority has declined to determine a complaint that a promo for ThreeNow programme I am Jazz breached multiple standards. The Authority has previously considered similar complaints concerning the inclusion of members of the rainbow community, including trans people, in programmes and saw no reason to depart from previous findings concerning this matter. Decline to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Offensive and Disturbing Content, Children’s Interests, Balance, Accuracy...

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