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Crow and MediaWorks TV Ltd - ID2017-010 (19 April 2017)
ID2017-010

Summary[This summary does not form part of the decision. ]The complainant referred to the Authority a formal complaint about the film Fifty Shades of Grey, which was broadcast on TV3 at 8. 30pm on Sunday 22 January 2017. The broadcaster argued that the original complaint had been received prior to the broadcast of the film, and so did not constitute a valid formal complaint (and therefore could not be referred to the Authority). To support its position, the broadcaster referred to the time stamp on the automatic acknowledgement email, which is sent to both the complainant and the broadcaster at the time the complaint is lodged. This time stamp read ‘22 January 2017 at 20:25’ (being five minutes before the film was broadcast)....

Decisions
Both and MediaWorks TV Ltd - 2015-068 (1 December 2015)
2015-068

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

Decisions
Riwai-Couch and MediaWorks TV Ltd - 2014-067
2014-067

Summary [This summary does not form part of the decision. ] The opening scenes of the movie Wanted included a brief sex scene involving a clothed couple. The Authority did not uphold the complaint that this constituted ‘strong’ adult content broadcast too close to the Adults Only 8. 30pm watershed. The scene was very brief, and the couple was clothed and only shown from the shoulders up. Not Upheld: Children’s Interests Introduction [1] The opening minutes of the movie Wanted included a sex scene of five seconds’ duration involving a clothed couple. The movie was broadcast at 8. 30pm on Monday 12 May 2014 on TV3. [2] Melanie Riwai-Couch made a formal complaint to MediaWorks TV Ltd (MediaWorks), alleging that the sex scene constituted ‘strong adult material’ that screened too close to the 8. 30pm Adults Only watershed....

Decisions
O'Shaughnessy and MediaWorks TV Ltd - 2014-086
2014-086

Summary [This summary does not form part of the decision. ] During The Paul Henry Show, Mr Henry read out a fan’s letter about her ‘lactating boobies’ and made sexually suggestive remarks about her. Later, he used the word ‘fucked’, and during a live cross a woman burst in front of the camera and said, ‘West side, fuck her in the pussy’. The Authority did not uphold the complaint that these comments were unsuitable for broadcast. Taking into account relevant contextual factors, including the broadcaster’s limited control over live content, the material did not reach the high threshold necessary to breach standards of good taste and decency. Not Upheld: Good Taste and Decency, Responsible Programming Introduction [1] During The Paul Henry Show, Mr Henry read out a fan’s letter about her ‘lactating boobies’ and made sexually suggestive remarks about her. Later in the programme he used the word ‘fucked’....

Decisions
Richards and MediaWorks TV Ltd - 2019-105 (7 April 2020)
2019-105

The Authority did not uphold a complaint about a promo for Love Island Australia, which was available to view online on ThreeNow. The promo depicted the programme host, Sophie Monk and two others as angels sitting in the clouds. The ‘god of love’, a heart-shaped cloud in the sky, called down to Sophie saying, ‘we need more love’. Sophie responded that she had ‘the perfect place for falling in love… a love island’, in response to which the ‘god of love’ asked, ‘and what about hot bods? ’ The complainant found the promo offensive as he considered it mocked Christianity and Christian beliefs....

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
Moodie and MediaWorks TV Ltd - 2014-073
2014-073

Summary [This summary does not form part of the decision. ] The Paul Henry Show screened a clip showing several rodents running on a working turntable accompanied by music. The Authority did not uphold the complaint that this constituted animal cruelty and breached standards of good taste and decency. This was a quirky internet clip, it was intended to be light-hearted and humorous, and the Authority had no reason to believe the animals were treated cruelly. Not Upheld: Good Taste and Decency Introduction [1 The Paul Henry Show screened an internet clip showing several rodents running on a working turntable accompanied by music. The programme was broadcast on TV3 on 22 May 2014 at 10. 30pm. [2] Heather Moodie made a formal complaint to MediaWorks TV Ltd (MediaWorks), alleging that the footage constituted cruelty to animals....

Decisions
McGovern and MediaWorks TV Ltd - 2020-050 (14 September 2020)
2020-050

The Authority did not uphold a complaint that comments made by Paul Henry during Rebuilding Paradise with Paul Henry undermined the Director-General of Health’s directions regarding compliance with COVID-19 Alert-Level conditions. Mr Henry noted there were no new cases of COVID-19 on the day of broadcast and commented, ‘I don’t want Dr Ashley Bloomfield to threaten me and you with the “if New Zealanders aren’t good at Level 3, they won’t get to Level 2” warning. I realise people think he walks on water, but I don’t. …Obedience in the population is the job of the police and, god help us, the reluctant [Police] Commissioner’. Noting the importance of the right to freedom of expression and that Mr Henry was clearly giving his views on a topic of high public interest, the Authority found no actual or potential harm that justified regulatory intervention....

Decisions
Baxter and MediaWorks TV Ltd - 2016-013 (12 May 2016)
2016-013

Summary[This summary does not form part of the decision. ]Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The Authority did not uphold a complaint that the item breached the privacy of grieving families attending the memorial service. Families in attendance at the memorial generally cannot be considered under the privacy standard, which is concerned with identifiable individuals. In any case, the coverage was duly sensitive and respectful, was not overly intrusive and did not focus on any particular individuals at length. Not Upheld: PrivacyIntroduction[1] Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The item included footage of attendees at the memorial service. [2] Iain Baxter complained that the item breached the privacy of grieving families who attended the memorial service....

Decisions
Wellington Palestine Group and MediaWorks TV Ltd - 2016-048 (14 October 2016)
2016-048

Summary[This summary does not form part of the decision. ]Two items on Newshub reported on incidents of violence which occurred in the city of Hebron, in the West Bank, and in Jerusalem. The Authority did not uphold complaints from the Wellington Palestine Group that the items were inaccurate and misleading. The reporters’ references to Hebron in the West Bank, and to Jerusalem, were correct and there was no implication during either item that these events occurred in Israel, as alleged. The lack of an explicit reference to ‘Occupied Territories’ or to ‘Occupied Palestinian Territories’ did not result in the items as a whole being inaccurate or misleading. Not Upheld: AccuracyIntroduction[1] An item on Newshub reported on the shooting of a wounded Palestinian man by an Israeli soldier in the city of Hebron in the West Bank....

Decisions
Shierlaw and MediaWorks TV Ltd - 2020-039 (14 September 2020)
2020-039

The Authority has not upheld a complaint that a Newshub Live broadcast reporting on the United Kingdom’s Prime Minister Boris Johnson’s treatment for COVID-19 was inaccurate when it referred to President Donald Trump as ‘the world’s leading expert on fake news’. The Authority considered the statement was distinguishable as a statement of opinion and accordingly the accuracy standard did not apply. Not Upheld: Accuracy  ...

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
Campbell and MediaWorks TV Ltd - 2017-019 (26 April 2017)
2017-019

Summary[This summary does not form part of the decision. ]A promo for the latest season of 7 Days showed comedians featured on the programme preparing the show’s host for the ‘potentially hostile environment’, by heckling and pelting him with objects. The Authority did not uphold a complaint that this promo trivialised the issue of bullying. The promo was a parody sketch of the type of heckling typically made by contestants during an episode of 7 Days, and common to live comedy programmes of this genre. It sought to recreate this live comedy environment in a humorous, satirical and highly exaggerated way, and in this context, the promo did not condone, encourage or trivialise bullying behaviour....

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
Barnao and MediaWorks TV Ltd - 2019-002 (2 April 2019)
2019-002

Warning: This decision contains coarse language that some readers may find offensiveSummary[This summary does not form part of the decision. ]The Broadcasting Standards Authority has not upheld a complaint that an episode of 7 Days, in which a panellist said an Australian Santa would say ‘G’day cunts’, breached the good taste and decency standard. The Authority acknowledged that the language was coarse and may have offended some viewers. However, taking into account relevant contextual factors including the nature of the programme, which is targeted at adults, audience expectations, the Adults Only classification, the warning for ‘bad’ language at the beginning of the programme, and the time of broadcast, the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....

Decisions
Hendry and Mediaworks TV Ltd - 2018-084 (18 December 2018)
2018-084

Summary[This summary does not form part of the decision. ]A complaint about comments, made by contestants about a landscaper during an episode of The Block, was not upheld. During the episode, a new landscaper started work on the property of contestants, Chlo and Em. Em referred to the landscaper and said, ‘Who’s that new meat on The Block? Come over. ’ Chlo then said ‘Some fresh meat for Em’. The complainant submitted the references to the landscaper as ‘meat’ were sexist, unacceptable and amounted to sexual harassment. The Authority highlighted the importance of context when considering whether comments of a sexual nature have breached broadcasting standards. The Authority noted that, in some contexts, these comments could be considered to be inappropriate. In this case, however, the comments did not go beyond audience expectations of The Block....

Decisions
WS and MediaWorks TV Ltd - 2014-100
2014-100

Summary [This summary does not form part of the decision. ] An item on 3rd Degree contained an interview with a man who was involved in a family feud over the provisions of his mother's will. The man described the legal battle with his brothers, and the item showed two old photographs of the brothers, one of whom was WS. The Authority upheld the complaint that WS' privacy was breached as he had not consented to having his image shown in the programme. Upheld: Privacy Order: Section 13(1)(d) $1,500 compensation to the complainant for breach of privacy Introduction [1] An item on 3rd Degree looked at the consequences of not writing a will or having a will contested. It contained an interview with a man, X, who was involved in a family feud over the provisions of his mother's will....

Decisions
McCaughan and MediaWorks TV Ltd - 2016-062 (2 December 2016)
2016-062

Summary[This summary does not form part of the decision. ]During three items on Newshub, interviewees used potentially offensive language, including ‘piece of piss’ and ‘shit’. The Authority did not uphold a complaint that multiple instances of allegedly ‘foul language’ during a news programme were unacceptable. The Authority emphasised that the expressions reflected the interviewee’s choice of language to convey their response to the issues discussed, and were not abusive or directed at any individual. The Authority recognised that in our diverse New Zealand society, people may communicate using different kinds of language, and this will usually be acceptable so long as standards are maintained. In the context of a news programme aimed at adults, and items which carried relatively high value in terms of public interest and freedom of expression, the Authority was satisfied that the language would be unlikely to cause widespread undue offence among the general audience....

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
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....

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