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Decisions
Pask and Mediaworks TV Ltd - 2019-057 (18 November 2019)
2019-057

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning US immigration breached the good taste and decency and balance standards. The complaint was that showing the bodies of a toddler and her father who drowned while trying to enter the US was gratuitous, and that the item’s coverage of migrant detention camps and interviews with protestors outside were unbalanced as no comment was included from US authorities. The Authority found that including the images of dead bodies was justified in the public interest, and the warning preceding them was sufficient to enable viewers to exercise choice and control over their viewing, so there was no breach of good taste and decency....

Decisions
Soper and MediaWorks TV Ltd - 2014-071
2014-071

Summary [This summary does not form part of the decision. ] A 3 News item reported on a charge of offensive language laid against a police woman, following an incident between her and a taxi driver. The item showed excerpts of the taxi’s security footage and contained interviews with the taxi company’s managing director and office manager who were critical of the police and considered assault charges should have been laid. The Authority did not uphold the complaint that the item prejudiced the police woman’s right to a fair hearing and that it was inaccurate and unfair. There was high public interest in the item, the item was largely presented from the perspective of the interviewees and the taxi company, and it did not encourage viewers to break the law or otherwise promote criminal activity....

Decisions
Lee and MediaWorks TV Ltd - 2016-044 (14 October 2016)
2016-044

Summary[This summary does not form part of the decision. ]An episode of The Nation discussed whether colonial figures were still worthy of commemoration, particularly when their actions were re-evaluated against 21st century values. An edited version of the report also appeared on Newshub. Both items featured excerpts from an interview with historian, Dr Jock Phillips, who provided comments on a South Auckland memorial to Colonel Marmaduke Nixon. Dr Phillips described Colonel Nixon’s involvement in events that occurred at Rangiaowhia in 1864 as ‘an appalling act of genocide’ and ‘a terrible atrocity’. The Authority did not uphold a complaint that the items lacked balance and were inaccurate. The items did not purport to provide a comprehensive examination of what occurred at Rangiaowhia....

Decisions
Boyce and MediaWorks TV Ltd - 2017-087 (15 December 2017)
2017-087

Summary [This summary does not form part of the decision. ] An item on The Project featured an interview with a ‘political consultant and former National [Party] staffer’. The interviewee provided her perspective on why the National Party received more votes than the Labour Party in the 2017 General Election and the disparity between the election result and poll results prior to the election. The Authority did not uphold a complaint that the broadcaster’s choice of political commentator was biased and the programme was misleading by suggesting she was an ‘independent political commentator’. The introduction to the segment did not imply that the interviewee was an independent political commentator, but clearly referred to her as a former National Party staffer. As such it created an audience expectation that the interview would be approaching the topic of National’s initial electoral success from a particular perspective....

Decisions
Lange and MediaWorks TV Ltd - 2020-132 (14 October 2020)
2020-132

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included very brief footage of a young person using a hand-held grinder without a guard. The complaint was that this was contrary to health and safety guidelines and promoted poor industrial practice. Noting the clip was fleeting and peripheral to the overall nature and purpose of the advertisement, the Authority did not find any breach of broadcasting standards. No actual or potential harm was caused in terms of the objectives of the applicable standards that outweighed the importance of freedom of expression and free political speech in the lead up to the general election. Not Upheld: Election Programmes Subject to Other Codes (Law and Order, Good Taste and Decency, Accuracy)...

Decisions
Shierlaw and Mediaworks TV Ltd - 2019-068 (22 January 2020)
2019-068

The Authority did not uphold a complaint that a comment made by Patrick Gower during a Newshub segment about the presence of the far right in New Zealand breached the accuracy standard. The Authority found that Mr Gower’s comment that ‘the global far-right is here in New Zealand, influencing us and our politicians whether we realise it or not’ was not a statement of fact to which the accuracy standard applies. The Authority found the statement was one of comment and political analysis, the type of which is common in news and current affairs broadcasts and which viewers would have understood to be Mr Gower’s conclusion based on the information presented in the item. Not Upheld: Accuracy...

Decisions
Grieve and MediaWorks TV Ltd - 2014-145
2014-145

Summary [This summary does not form part of the decision] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election. The presenter made comments about ACT's law and order policies and Mr Whyte's views on incest and polygamy. The Authority declined to uphold the complaint that the broadcast inaccurately described ACT's policies and Mr Whyte's views, and as such was unfair to ACT and Mr Whyte. The broadcaster made reasonable efforts to ensure that the item was accurate, and the comments were not unfair in the context of a robust election environment. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election....

Decisions
Cape and MediaWorks TV Ltd - 2018-018 (21 May 2018)
2018-018

Summary[This summary does not form part of the decision. ]The first segment of The AM Show’s daily panel, featuring panel guests Dr Don Brash and Newshub reporter Wilhelmina Shrimpton, discussed Dr Brash’s views on the use of te reo Māori in New Zealand, specifically in RNZ broadcasting without translation. The Authority did not uphold a complaint that this panel discussion lacked balance and was unfair to Dr Brash. The Authority found that, while the panel discussion was robust and Dr Brash’s opinion was tested by the panel, Dr Brash was given a fair and reasonable opportunity to present his point of view in the time allowed....

Decisions
WR and MediaWorks TV Ltd - 2018-059 (26 October 2018)
2018-059

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about a segment on The Project that discussed whether bystanders should step in if they see parents treating their children in a way they do not agree with. At the beginning of the segment the presenters described an incident in which a father (the complainant) allegedly disciplined his son by denying him afternoon tea. Another parent reported this to Oranga Tamariki, who later found no cause for action and dismissed the complaint. The complainant argued the segment omitted important details about the incident, and was unbalanced and unfair. The Authority acknowledged the significant effect these events have had on the complainant and his family....

Decisions
Harvey and MediaWorks TV Ltd - 2019-008 (7 May 2019 )
2019-008

The Authority has not upheld a complaint that comments made by Duncan Garner on The AM Show regarding Don Brash’s visit to Te Tii Marae as a part of Waitangi Day celebrations breached broadcasting standards. During the broadcast, Mr Garner made comments about Dr Brash’s potential reception at Te Tii Marae including: ‘good luck Don, nice knowing you and yeah I think you need security’, ‘hope you return in one piece’ and ‘Rest in Peace’. The Authority found Mr Garner’s comments were unlikely to undermine widely shared community standards and did not amount to unduly disturbing violent content, considering the context of the broadcast and the flippant nature of the comments. The Authority also found the balance and fairness standards were not breached. Not Upheld: Good Taste and Decency, Violence, Balance, Fairness...

Decisions
Thompson and MediaWorks TV Ltd - 2014-049
2014-049

Summary [This summary does not form part of the decision. ] A 3 News item reported on the results of its latest political research poll. The Authority did not uphold the complaint that the results were inaccurate because they were within the margin of error of +/- 3. 1 percent. Viewers are familiar with this mode of reporting, particularly in the lead-up to an election. The margin of error was clearly displayed onscreen, leaving the audience to form their own views about how much weight should be given to the poll. Not Upheld: Accuracy Introduction [1] A 3 News item reported on the results of its latest political research poll. A political correspondent outlined the results of the poll in relation to party standings, seats in the house, and preferred Prime Minister. The item aired on TV3 on 30 March 2014....

Decisions
Wiseman and MediaWorks TV Ltd - 2015-039
2015-039

Summary[This summary does not form part of the decision. ]During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. The Authority did not uphold a complaint that the use of 'twat' was inappropriate for a breakfast show. The comment was within audience expectations of the host's well-known style of presentation and humour, and unlikely to disturb or offend a significant number of viewers in the context of a news and current affairs programme aimed at adults. Not Upheld: Good Taste and DecencyIntroduction[1] During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. [2] Iain Wiseman complained that the use of the word 'twat' was inappropriate for a breakfast show when children were likely to be watching....

Decisions
Heron and McLoughlin and MediaWorks TV Ltd - 2014-020
2014-020

Summary [This summary does not form part of the decision. ] Campbell Live reported on a couple who faced bankruptcy after buying a house infested with termites. The item disclosed the names of the vendor, the company and staff responsible for the building report, and the real estate agent. It showed footage of the real estate agent’s office window, which had printed on it the names and phone numbers of the real estate agent and his business partner. A majority of the Authority did not uphold complaints that this breached the agent’s and the business partner’s privacy. The agents’ details were publicly available, the footage of their phone numbers was brief and it was not broadcast for the purpose of encouraging harassment; no causal link was demonstrated between the broadcast and the alleged harassment....

Decisions
Apps and MediaWorks TV Ltd - 2019-055 (18 November 2019)
2019-055

The Authority has not upheld a complaint that a promo for The Titan Games, broadcast during Newshub Live at 6pm and containing the phrase ‘holy crap’ breached the good taste and decency standard. The Authority found that the phrase was unlikely to undermine or violate widely shared community norms and overall any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency...

Decisions
IY and MediaWorks TV Ltd - 2018-032 (5 September 2018)
2018-032

Summary[This summary does not form part of the decision. ]On 13 March 2018, an item on Newshub reported on allegations of sexual assault and harassment at a Young Labour camp. The item included photos of the camp attendees, sourced from public social media accounts, with no masking or blurring. The Authority upheld a direct privacy complaint from IY, who was featured in the photos, that this item breached their privacy. The Authority noted the value of the broadcast in reporting on the response of the Labour Party to the allegations, but emphasised the high level of potential harm that could be caused to the individuals involved....

Decisions
Dewhurst and MediaWorks TV Ltd - 2019-109 (7 May 2020)
2019-109

A complaint that an episode of The AM Show breached the balance standard was not upheld. The episode featured multiple segments that addressed various climate change related issues including interviews with a Fonterra representative about its sustainable farming practices, an interview with sailors Peter Burling and Blair Tuke about their marine conservation initiative ‘Live Ocean’ and a panel discussion about the recently founded Sustainable New Zealand Party. The Authority found that while climate change issues are controversial issues of public importance, none of the segments amounted to unbalanced discussions for the purposes of the standard. Not Upheld: Balance...

Decisions
Rossiter and MediaWorks TV Ltd - 2015-022
2015-022

Summary [This summary does not form part of the decision. ] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The Authority did not uphold the complaint that the item was unbalanced and inaccurate in that the editor 'presented. . . opinion as fact' and used 'highly emotive language'. The report provided sufficient balance, and the statements complained of were clearly the editor's opinion and analysis rather than statements of fact to which the accuracy standard applied. Not Upheld: Controversial Issues, Accuracy Introduction [1] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The item contained some analysis from the editor, excerpts of a press conference given by Prime Pat John Key and graphics depicting how the law change would affect MPs' pay....

Decisions
Jelavich and MediaWorks TV Ltd - 2015-081 (28 January 2016)
2015-081

Summary[This summary does not form part of the decision. ]The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. The Authority did not uphold a complaint about this language. As the film was classified Adults Only, was preceded by a comprehensive warning and broadcast at 8. 30pm, the Authority found the broadcaster clearly informed viewers about the nature of the film and adequately considered the interests of children. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. [2] Rolfe Jelavich complained about the ‘frequent foul language’ broadcast at a time when children could be watching....

Decisions
Hodgins and Mediaworks TV Ltd - 2016-071 (2 December 2016)
2016-071

Summary[This summary does not form part of the decision. ]Two Entertainment Tonight episodes, classified PGR, were broadcast prior to children’s programme Sticky TV, which was classified G. The Authority did not uphold a complaint that the Entertainment Tonight episodes contained content that was unsuitable for children, and that PGR programmes such as this should not be broadcast immediately prior to children’s programming. Taking into account the context of the broadcast, the Authority found the Entertainment Tonight episodes were within audience expectations of the programme and the PGR classification. The episodes did not contain any strong or adult content, particularly during the transition to Sticky TV, and would not have adversely affected any child viewers when subject to adult supervision. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] Two Entertainment Tonight episodes, classified PGR, were broadcast prior to children’s programme Sticky TV, which was classified G....

Decisions
van der Merwe and Mediaworks TV Ltd - 2019-015 (24 June 2019)
2019-015

The reality television series, Harnas Wildlife Rescue Camp, profiles various workers and volunteers and their day-to-day activities at the Harnas Wildlife Foundation (Harnas) in Namibia. The Authority did not uphold a complaint that Harnas was being misleadingly promoted through the programme as an ethical wildlife sanctuary, when in the complainant’s view, the facility and conditions were inhumane. The Authority found that the programme was presented as a slice-of-life, observational documentary, which did not shy away from presenting difficult material and the challenges facing Harnas. As such, viewers were shown the conditions at Harnas and were provided with sufficient information to make up their own minds about the welfare of the animals. On this occasion therefore, the harm alleged to have been caused did not outweigh the right to freedom of expression. Not Upheld: Accuracy...

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