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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
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
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
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
Brandish and Discovery NZ Ltd - 2024-035 (7 August 2024)
2024-035

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on New Zealand First Leader Winston Peters’ State of the Nation speech, which stated Peters had compared the previous Labour Government’s approach to co-governance to the Holocaust. The complainant considered this breached the accuracy standard on the basis Peters had referred to Nazi Germany and ‘growing social/racial differences as evident in Germany’ pre-World War II rather than to the Holocaust. The Authority found the broadcast was not misleading, noting the description that Peters had made a comparison to the Holocaust was not materially different to saying he had made a comparison to Nazi Germany....

Decisions
Buchanan and Discovery NZ Ltd - 2022-087 (26 October 2022)
2022-087

The Authority has not upheld a complaint under the accuracy standard in relation to an interview on AM with Dr Russell Norman about agricultural emissions. The complainant alleged Dr Norman’s statements concerning dairy cow numbers, the herd getting larger, and the amount of effluent produced by cows were inaccurate. The Authority found two of the statements were materially accurate and would not have misled the audience, and the third was analysis, comment or opinion to which the accuracy standard does not apply. Not Upheld: Accuracy...

Decisions
Love and Discovery NZ Ltd - 2021-157 (9 February 2022)
2021-157

An item on Newshub Live at 6pm covering COVID-19 statistics opened by stating 8% of New Zealand’s population was currently unvaccinated. The complainant alleged by omitting the term ‘eligible’, this introduction breached the accuracy standard as more than 8% (at the time) of New Zealand’s total population was unvaccinated. The Authority did not uphold the complaint, finding the segment was materially accurate and a reasonable viewer would have understood the reference to the population, in a vaccination context, to be a reference to the eligible population. The programme information standard did not apply. Not Upheld: Accuracy, Programme Information...

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
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...

Decisions
Gilchrist and Discovery NZ Ltd - 2021-130 (20 December 2021)
2021-130

Following an interview with a COVID-19 vaccine advocate on the AM Show, the host noted Medsafe gave the vaccine the ‘same approval as everyday medicines like Panadol and Nurofen’. The complaint stated this was misleading and in breach of five standards, including the accuracy standard. The Authority did not uphold the complaint as the accuracy standard is concerned with material inaccuracy. To the extent there was any inaccuracy, it was unlikely to significantly affect the audience’s understanding of the programme. The Authority considered the other standards raised either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Programme Information, Balance, Fairness...

Decisions
Wishart and Discovery NZ Ltd - 2024-086 (26 March 2025)
2024-086

The Authority has not upheld a complaint that a ThreeNews item breached the accuracy standard by claiming a 24-hour period in October 2024 was Dunedin’s ‘wettest day in a century’. In the context of an 11-minute live broadcast reporting on a regional state of emergency, the comments did not amount to material points of fact. Their inclusion would not have affected viewers’ understanding of the overall item, as its purpose was to provide information to New Zealanders following a natural disaster. Further, live reporting on extreme weather events carries high public interest, and this broadcast did not create harm at a level justifying restriction of the broadcaster’s freedom of expression. Not Upheld: Accuracy...

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
Arps and Discovery NZ Ltd - 2021-123 (1 December 2021)
2021-123

The documentary Patrick Gower: On Hate investigated the 15 March 2019 terror attacks, focusing on the stories of the victims. The documentary featured footage from 2016 showing the complainant dumping a pig’s head at Masjid Al-Noor. The complainant argued the documentary breached the fairness standard as he was not given an opportunity to comment prior to its broadcast. Noting the high public interest in the documentary, the Authority found the complainant was not treated unfairly. Not Upheld: Fairness...

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
Solanki and Discovery NZ Ltd - 2023-063 (18 October 2023)
2023-063

The Authority has not upheld a complaint a discussion between the hosts of AM and an interview with Prime Minister Chris Hipkins breached multiple standards for including statements from the hosts questioning the usefulness and purpose of Government inquiries into various sectors. The Authority found the balance and fairness standards were not breached as the interview with Hipkins provided an alternative viewpoint, and allowed Hipkins to comment on the Government’s reasoning for the inquiry. The accuracy standard did not apply, as the comments were analysis, commentary and opinion, and the discrimination and denigration, and offensive and disturbing content standards either were not breached or did not apply. Not Upheld: Balance, Accuracy, Fairness, Offensive and Disturbing Content, Discrimination and Denigration...

Decisions
Jameson and Discovery NZ Ltd - 2023-046 (30 August 2023)
2023-046

The Authority has not upheld a complaint that a joke made on 7 Days breached the offensive and disturbing content standard. The show featured a segment where comedians were asked to come up with scary kids’ shows, to which one of the responses was ‘High School Musical 4: The Active Shooter. ’ The complainant alleged this joke was offensive due to recent school shootings in the United States. The Authority found the joke was not outside of audience expectations for the programme, and the nature of the content was sufficiently signposted through audience advisories. In this context, the joke was not likely to widespread undue offence or distress, or undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

Decisions
Wills and Discovery NZ Limited - 2021-087 (13 October 2021)
2021-087

The Authority has not upheld a complaint under the balance, accuracy and fairness standards. It noted the complainant had not identified any inaccuracies or particular issues of public importance requiring balance. It also found the two interviewees were treated fairly and the interviews represented what it expects of the media in performing its role of scrutinising and holding to account those in power. Not Upheld: Balance, Accuracy, Fairness...

Decisions
Kearins and Discovery NZ Ltd - 2021-137 (9 February 2022)
2021-137

The Authority has found a news item about a party breaching lockdown restrictions in Auckland did not breach the children’s interests standard. The Authority noted the public interest in the broadcast and considered the content was within audience expectations for a news programme. In context, the item was unlikely to cause widespread offence or undermine community standards. Not Upheld: Children’s Interests...

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
Ashton, Hickson & Speak Up For Women and Discovery NZ Ltd - 2023-028 (9 August 2023)
2023-028

The Authority has not upheld complaints that the action taken by Warner Bros. Discovery in response to a breach of the accuracy and fairness standards – during a Newshub Live at 6pm item on Immigration New Zealand’s decision to allow Posie Parker’s entry to New Zealand – was insufficient. The broadcaster upheld the complaints relating to a clip of Parker, which the reporter stated had been blurred because Parker was ‘using a hand signal linked to white supremacists’. The broadcaster conceded that blurring Parker’s hands was potentially misleading as it prevented audiences from making their own assessment of the footage, and potentially unfair as Parker’s intention was unclear. The broadcaster removed the video in the online version of the story and replaced it with a clip of Parker’s position on neo-Nazis, which the Authority found was sufficient and proportionate action in the circumstances....

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