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Decisions
Basham and MediaWorks TV Ltd - 2017-061 (21 September 2017)
2017-061

Summary[This summary does not form part of the decision. ]An item on The Project interviewed Muslims in New Zealand about their views on Islamic extremism. The item featured a short excerpt of a phone interview with the complainant, who considers himself an ex-Muslim. The presenter said that the ‘stigma of Islamic extremism’ was ‘enough for him [the complainant] to turn on his own religion’. In the sound clip played the complainant said: ‘I changed my first name from Mohammad to Cyrus. I just don’t want to be related to Islam anymore’. The Authority did not uphold a complaint from Mr Basham that this excerpt was misleading, by misrepresenting his reasons for leaving Islam....

Decisions
Harvey and Lorck and MediaWorks TV Ltd - 2018-036 (24 August 2018)
2018-036

Summary[This summary does not form part of the decision. ]Over two evenings, on 20 and 21 January 2018, Newshub reported on the delayed launch of a rocket from the Māhia Peninsula, due to a boat being in the exclusion zone around the launch site. The first item strongly implied that Hastings District Councillor Damon Harvey was responsible for the delayed launch, referring to a tweet, featuring a photo of the launch site, that the reporter said was tweeted by Mr Harvey ‘around the same time’ as the launch delay. The second item included a short comment from an interview with Mr Harvey. The Authority found parts of these broadcasts were inaccurate and misleading, and were unfair to Mr Harvey....

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
Right To Life New Zealand and Mediaworks TV Ltd – 2019-041 (17 September 2019)
2019-041

A complaint that a segment on The Project which discussed the delay in abortion legislative reform and the current process for obtaining a legal abortion in New Zealand was discriminatory, unbalanced and misleading was not upheld. The Authority found that the item did not breach the discrimination and denigration standard as people who are opposed to this reform and ‘the unborn’ do not amount to recognised sections of the community for the purposes of the standard. The Authority also found the item clearly approached this topic from a particular perspective and that viewers could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Discrimination and Denigration, Balance, Accuracy...

Decisions
Ministry of Education & I.D.C. New Zealand Ltd and Mediaworks TV Ltd - 2019-101 (29 June 2020)
2019-101

The Authority has found that a segment on Newshub regarding the sale of a report summarising data received from schools in a survey run by the Ministry of Education and I. D. C. New Zealand Limited breached the accuracy standard. The item reported on concerns of the New Zealand Educational Institute and survey participants regarding the sale of the report to Microsoft and Google. The Authority found that the statement ‘sensitive, private data about schools and their students pawned off to private companies by Chinese data giant’, which was included in the item, was materially inaccurate and likely to mislead viewers given the data contained in the report was anonymised and aggregated. The Authority also found the broadcaster did not make reasonable efforts to ensure that the relevant statement was accurate and did not mislead. Upheld: Accuracy No orders...

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
DV and MediaWorks TV Ltd - 2019-021 (18 July 2019)
2019-021

The Authority has not upheld a privacy complaint about items on Newshub and The AM Show, which reported on a Police raid of a gang house and featured footage of the complainant’s property, with the house number blurred. The Authority found that the privacy standard did not apply in this case, as the complainant was not identifiable in the broadcast and no private information or material was disclosed about them. As the house was only filmed to the extent visible from the street, the broadcaster did not intrude upon the complainant’s interest in solitude or seclusion in a way that was highly offensive. The Authority recognised the public interest in the broadcast and found that the harm alleged to have been caused by the complainant did not outweigh the right to freedom of expression.   Not Upheld: Privacy  ...

Decisions
Armstrong and MediaWorks TV Ltd - 2016-003 (13 May 2016)
2016-003

Summary[This summary does not form part of the decision. ]The 2015 Vodafone New Zealand Music Awards featured numerous expletives, sexual references and other strong language. The Authority did not uphold a complaint alleging the ‘foul language’ and ‘crude humour’ used during the awards was offensive and unacceptable. The programme did contain strong adult content which would not have been to the liking of all viewers. However there were opportunities for viewers to make a different viewing choice or to exercise discretion, given the length of the broadcast (more than two hours) and that there was a pre-broadcast warning of sorts (although not of itself adequate). On balance the Authority found the broadcast did not reach the threshold for breaching the good taste and decency standard. Nevertheless, the Authority urged broadcasters to take care when broadcasting live material after 8. 30pm that is likely to attract younger viewers....

Decisions
Callaghan and Mediaworks TV Ltd - 2019-058 (18 November 2019)
2019-058

The Authority did not uphold a complaint that a segment on The Project that questioned whether a ‘stolen generation’ was being created in light of an investigative report into Oranga Tamariki’s uplifting of a child breached broadcasting standards. The Authority acknowledged the sensitive nature of the issue addressed but found the item, and specifically the host’s use of the term ‘stolen generation’ was unlikely to cause widespread undue offence or distress. The Authority also found the item was unlikely to mislead viewers regarding the situation considering the nature of the programme and the presentation of alternate viewpoints on the issue. Finally, the Authority found the broadcast did not result in any unfairness to Oranga Tamariki that justified the restriction of the broadcaster’s right to freedom of expression, as its perspective was clearly presented in the short item. Not Upheld: Good Taste and Decency, Accuracy, Fairness...

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
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
Anson and Mediaworks TV Ltd - 2018-087 (28 January 2019)
2018-087

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint that statements made by Jesse Mulligan during a segment of The Project breached the accuracy standard. Mr Mulligan criticised National MP Judith Collins for retweeting a story in relation to changes to France’s child sex laws, stating the story was ‘made up’ and claiming Ms Collins was ‘learning that in 2018 you don't need to show people the truth’. The Authority found Mr Mulligan’s statements were statements of opinion and analysis and therefore the accuracy standard did not apply. In reaching the decision the Authority considered the context in which the comments were made, including the focus of the segment as a whole and audience expectations of The Project. Not Upheld: Accuracy The broadcast[1] A segment of The Project discussed National MP Judith Collins’ tweet of a story published by yournewswire....

Decisions
Seqirus (NZ) Ltd and MediaWorks TV Ltd - 2016-015 (27 June 2016)
2016-015

Summary[This summary does not form part of the decision. ]3D reported on the cervical cancer vaccine Gardasil, and the stories of several girls and their families who believed that they had suffered serious health problems after being vaccinated. It also reported on the as-yet-unexplained sudden deaths of two girls who had recently received the vaccine. The Authority did not uphold a complaint from the maker of Gardasil alleging that the programme misleadingly suggested that Gardasil was unsafe and thus deceived and disadvantaged the public when there was no evidential basis for doing so. The story was well-reported, was measured in its presentation and gave viewers a range of information, which enabled them to make up their own minds about the vaccine. The Authority emphasised the high public interest in the story and in giving a platform for minority voices to be heard....

Decisions
Dennis and MediaWorks TV Ltd - 2018-029 (18 June 2018)
2018-029

Summary[This summary does not form part of the decision. ] An episode of The Project featured an item about several aspects of the gun control debate in New Zealand, including the Police Association’s call to introduce a firearm registry and tighter restrictions on firearm ownership and importation. The Authority did not uphold a complaint that the item was materially inaccurate in relation to the number of firearms being legally imported every year into New Zealand. The Authority also found that it was not misleading to use Police Association survey statistics (rather than NZ Police data) in the broadcast as the source of the statistics was clearly identified....

Decisions
New Zealand Taxpayers' Union inc and MediaWorks TV Ltd - 2020-116 (22 September 2020)
2020-116

An election advertisement for the Labour Party included the statement, ‘we’ll…make apprenticeships free to prepare for tomorrow’s jobs. . . ’ The complainant argued that this statement was inaccurate because the apprenticeships are not free but paid for by the taxpayers. The Authority did not uphold the complaint finding that a reasonable viewer was unlikely to be misled by the programme. Not Upheld: Election Programmes Subject to Other Standards (Accuracy)...

Decisions
Hagger and MediaWorks TV Ltd - 2020-032 (14 September 2020)
2020-032

The Authority has not upheld a complaint about an interview conducted with then-Minister of Health, Dr David Clark, on his breaches of the COVID-19 Alert Level 4 ‘lockdown rules’. The complainant argued that the interview amounted to harassment and bullying, and breached the fairness standard. The Authority found that the robust questioning was within the scope of what could be expected of a public figure being interviewed on a matter of significant public interest, particularly given the expectation as to how politicians will be treated by the media. Not Upheld: Fairness...

Decisions
Melville and MediaWorks TV Ltd - 2016-006 (14 April 2016)
2016-006

Summary [This summary does not form part of the decision. ] An item on Story covered the ongoing story of presenter Heather du Plessis-Allan’s mail-order purchase of a firearm for an earlier item, and the subsequent police investigation and search of her house. The Authority did not uphold a complaint alleging that the presenter’s reference to ‘legal loopholes’ within the mail-order firearm purchase system was inaccurate and unfair to the parties concerned because the firearm was procured illegally. The presenter used the term ‘loophole’ rather than ‘legal loophole’ and this was an accurate description of the mail-order system prior to police action. The item further did not unfairly represent the purchase process or otherwise result in unfairness to any individual or organisation referred to....

Decisions
McKenzie and MediaWorks TV Ltd - 2015-055 (18 December 2015)
2015-055

Summary[This summary does not form part of the decision. ]A promo for Face Off, a reality competition show in which the contestants are special effects make-up artists, screened during the animated movie Chicken Run. The Authority upheld a complaint that the promo breached standards of good taste and decency. The promo’s images of gory and wounded prosthetic body parts went beyond audience expectations of a G-rated family movie and were likely to distress child viewers. The Authority however did not agree that the images showed ‘violence’ or violent acts as envisaged by the violence standard. Upheld: Good Taste and DecencyNot Upheld: ViolenceOrder: Section 16(4) $500 costs to the CrownIntroduction[1] A promo for Face Off, a reality competition show in which the contestants are special effects make-up artists, screened during Chicken Run, an animated family movie which was rated G (for general audiences)....

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
Crow and MediaWorks TV Ltd - 2020-021 (21 July 2020)
2020-021

The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...

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