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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
Redshaw and Discovery NZ Ltd - 2022-045 (21 June 2022)
2022-045

The Authority has not upheld a complaint that a broadcast of The Project breached the accuracy standard. It stated Joe Rogan had taken ‘horse wormer ivermectin as a COVID treatment’. The Authority found the accuracy standard was not breached as the statements were materially accurate and not misleading. Not Upheld: Accuracy...

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
Dobson and Discovery NZ Ltd - 2022-140 (7 March 2023)
2022-140

The Authority has declined to determine a complaint alleging AM breached the accuracy and balance standards. The programme included an interview with Opposition Leader Christopher Luxon, where the presenter read Luxon a series of words the public associated with him. The host then asked Luxon’s opinion on the ‘some of the worst’ words the public had associated with Prime Minster Jacinda Ardern. The Authority considers the broadcaster adequately addressed the complaint in the first instance, and declines to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to determine (section 11(a) of the Broadcasting Act 1989 –  trivial): Accuracy, Balance...

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
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
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
O’Neill and Discovery NZ Ltd - 2022-085 (12 October 2022)
2022-085

The Authority has declined to determine a complaint regarding a broadcast including an interview with a lawyer who was represented as a ‘political commentator’. The complainant made several unsubstantiated allegations to the effect the lawyer was corrupt, and the broadcaster should have disclosed their alleged corruption. The Authority considered the complaint should not be determined in the circumstances as it amounted to the complainant’s personal preference on who should be interviewed, and how they should be portrayed, which are matters of editorial discretion not capable of being resolved by the broadcasting standards complaints process. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Law and Order, Balance...

Decisions
Hibbs and Discovery NZ Ltd - 2022-074 (23 August 2022)
2022-074

A segment on The Project reported on the discovery of the Smeagol slug in South Westland. The hosts took the opportunity to tease their co-host, Kanoa Lloyd, during the segment as they knew she had a phobia of slugs. The complainant stated the segment breached the good taste and decency standard as it normalised bullying behaviour and harassing someone due to their phobias. The Authority did not uphold the complaint, finding the segment amounted to friendly banter without any offensive intent. Accordingly, it did not reach the threshold for regulatory intervention. Not Upheld: Good Taste and Decency...

Decisions
Udy and Discovery NZ Ltd - 2022-077 (19 October 2022)
2022-077

The Authority has not upheld a complaint regarding comments made by Louise Wallace about overweight people, during a panel discussion on AM. The complaint was that the comments were in extremely bad taste and denigrating and discriminatory towards ‘fat women’ in particular. The Authority accepted the comments clearly had the potential to offend. However, noting in particular that the programme hosts challenged Wallace’s comments and made countering remarks, the Authority concluded that the comments did not meet the high threshold for finding the broadcast caused harm at a level that justified regulatory intervention or restricting freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency...

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
Judge and Discovery NZ Ltd - 2023-021 (14 June 2023)
2023-021

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the balance standard. The broadcast commented on Chris Hipkins’s first day as Prime Minister, and noted after only a few hours into the role, he did not have any ‘tangible’ policy to announce. The complainant alleged the broadcasting was biased, and unbalanced. The Authority did not uphold the complaint, finding the balance standard did not apply as the broadcast did not discuss an issue of public importance, the complainant did not specify which balancing perspectives they considered were not presented, and in any event, relevant perspectives had been presented in the broadcast.   Not Upheld: Balance...

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
Francis and Discovery NZ Ltd - 2023-027 (26 July 2023)
2023-027

The Authority has not upheld a complaint that an episode of Married At First Sight Australia, broadcast at 7. 30pm, breached the children’s interests standard. The complainant considered the programme ‘promotes toxic and inappropriate relationships’ and was not suitable for broadcast during children’s viewing times. The Authority found the broadcast’s content did not go beyond well-established audience expectations of the programme, and that it complied with its PG-L classification (Parental Guidance recommended; Language may offend). The Authority was therefore satisfied sufficient, reliable information was provided to enable audiences to exercise discretion with regard to children’s viewing. Not Upheld: Children’s Interests...

Decisions
Leitch & Shadbolt and Discovery NZ Ltd - 2023-038 (9 August 2023)
2023-038

The Authority has not upheld complaints concerning a promo for the programme MILF Manor, broadcast during episodes of Ice Vikings and Border Patrol. The complainants considered the use of the term ‘MILF’ offensive, even if the word was not spelled out. The Authority found the promo complied with the PG classification of its host programmes and that use of the term ‘MILF’ was not likely to seriously violate community norms or disproportionately disturb the audience. It also did not consider the promo was likely to adversely affect children. The promotion of illegal or antisocial behaviour standard did not apply. Not Upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour...

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
Greyhound Racing New Zealand Inc and Discovery NZ Ltd - 2023-116 (8 April 2024)
2023-116

The Authority has not upheld a complaint that an item on Newshub Live at 6pm reporting on a disqualification hearing for a greyhound trainer was inaccurate and unfair. The complainant argued the broadcast’s description of the facts leading to two charges against the trainer (related to failing to ensure the welfare of two dogs), was misleading. The complainant also argued it was unfair to comment on the trainer’s potential disqualification sentence before it had been finalised, impeding the trainer’s ‘right to a fair trial’. The Authority found the broadcast was not materially misleading overall, or reasonable efforts had been made to ensure accuracy, and did not give rise to any unfairness to the trainer. The public interest in the story outweighed the low risk of harm. Not Upheld: Accuracy, Fairness...

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
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
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...

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