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Decisions
Appleby and MediaWorks TV Ltd - 2014-097
2014-097

Summary [This summary does not form part of the decision. ] A 3 News item reported on the Labour Party’s election year conference, including details of the party’s education policy. The reporter referred to David Cunliffe ‘handing out an election year bribe’. The Authority did not uphold the complaint that this was unfair. Political parties should expect their policies will be subject to commentary and scrutiny, particularly leading up to a general election, and it is not uncommon to refer to election ‘bribes’ in political reporting. Not Upheld: Fairness Introduction [1] A 3 News item reported on the Labour Party’s election year conference, including details of the party’s education policy. The reporter said, ‘David Cunliffe sits down at Wellington High School handing out an election year bribe, promising every school student from intermediate up, their own computer’. The item was broadcast on TV3 on 5 July 2014....

Decisions
McDonald and Mediaworks TV Ltd - 2019-076 (4 February 2020)
2019-076

The Authority declined to determine a complaint about a news item featuring an eleven year old boy who won a trip to go to a Rugby World Cup 2019 game in Japan with Richie McCaw. The Authority was unable to identify any elements in the broadcast that would raise any concerns under the standards raised. The Authority declined to determine the complaint on the basis it was frivolous and trivial.   Decline to determine: Good Taste and Decency, Children’s Interests, Violence, Alcohol, Accuracy...

Decisions
Ironside and MediaWorks TV Ltd - 2014-113
2014-113

Summary [This summary does not form part of the decision. ] The host of The Paul Henry Show used the words ‘Jesus’ and ‘Jesus Christ’ several times to express frustration. The Authority did not uphold the complaint that this was unacceptable. Not Upheld: Good Taste and Decency Introduction [1] During an episode of The Paul Henry Show, the host used the terms ‘Jesus’ and ‘Jesus Christ’ several times to express his frustration at the show’s later airing time that evening and in regards to taking part in a Woman’s Day photo shoot with his co-host. [2] Mrs M C Ironside complained that the use of ‘Jesus’ and ‘Jesus Christ’ was unacceptable and deeply offensive. [3] The issue is whether the item breached the good taste and decency standard of the Free-to-Air Television Code of Broadcasting Practice. [4] The broadcast took place at 10....

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
Carter and MediaWorks TV Ltd - 2016-008 (12 May 2016)
2016-008

Summary[This summary does not form part of the decision. ]An item on Story reported that Auckland purchasers of homes near areas of cultural significance for Māori may need to get consent from iwi before undertaking any structural building work, as part of the Auckland Unitary Plan. As an example of one of the areas of cultural significance, the presenter reported from an empty field, saying, ‘So this is what an area of cultural significance looks like. This is called a midden. . . it’s pretty much a rubbish dump. We looked it up – “midden” is an old Danish word for “domestic rubbish dump”’. The Authority did not uphold a complaint alleging that the item discriminated against and/or denigrated Māori and was unfair....

Decisions
Sabin and Mediaworks TV Ltd - 2014-078
2014-078

Summary [This summary does not form part of the decision. ] Campbell Live interviewed the founder of the Drug Policy Alliance, an American group advocating for the legalisation of cannabis throughout the United States, about why some states had voted to legalise cannabis, what he saw as the benefits of this and how this might be relevant to the New Zealand context where synthetic cannabis had recently been outlawed. The Authority did not uphold the complaint that the item was unbalanced. The item was clearly focused on one overseas perspective, which might inform the New Zealand debate going forward, but it did not discuss a controversial issue of public importance which required the presentation of alternative viewpoints. Not Upheld: Controversial Issues Introduction [1] Campbell Live interviewed the founder of the Drug Policy Alliance, an American group advocating for the legalisation of cannabis throughout the United States....

Decisions
Lowes and MediaWorks TV Ltd - 2019-064 (16 December 2019)
2019-064

During a segment on The AM Show that discussed immigration to New Zealand host Mark Richardson said: ‘we’re clearly not getting enough English immigrants to become traffic officers’. The Authority did not uphold a complaint that Mr Richardson’s comment was discriminatory to nationalities that are ‘not English’ in breach of the discrimination and denigration standard. The Authority found the complainant did not identify a ‘section of the community’ for the purposes of the standard. The Authority also found that, considering audience expectations of The AM Show and Mr Richardson, the light-hearted nature of the comment and other contextual factors, the comment did not reach the threshold required to be considered discriminatory or denigratory. Not Upheld: Discrimination and denigration...

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
Davie and MediaWorks TV Ltd - 2015-090 (1 March 2016)
2015-090

Summary[This summary does not form part of the decision. ]The host of Paul Henry said ‘bastards’ when referring to phone scammers and said the word ‘God’ several times as an exclamation when discussing the 2015 Rugby World Cup. The Authority did not uphold a complaint that this language breached broadcasting standards. It would not have offended a significant number of viewers or adversely affected any children who might have been watching. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and DenigrationIntroduction[1] The host of Paul Henry said ‘bastards’ when referencing phone scammers and said the word ‘God’ several times when discussing the 2015 Rugby World Cup – for example, ‘by God they are playing well’. [2] Craig Davie complained that Mr Henry used ‘foul language’ and was ‘taking the lord’s name in vain’, which was offensive and unsuitable for children....

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
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
Knyazev and MediaWorks TV Ltd - 2014-075
2014-075

Summary [This summary does not form part of the decision. ] A segment on The Paul Henry Show featured the two presenters discussing recent law changes in Russia that mean it is now illegal to misrepresent Russia’s involvement in World War II, and that people would be fined for swearing on television, in theatre or in films. Mr Henry gave examples of Russian swearwords. There was also a discussion about ‘butt plugs’ made in the likeness of Vladimir Putin and of Paul Henry. The Authority did not uphold the complaint that the language, the references to Russia’s involvement in the war, and the discussion about ‘butt plugs’ were offensive. The segment was on late at night and targeted at adults, it was intended to be light-hearted and was consistent with expectations of the show and of Paul Henry....

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
Green and MediaWorks TV Ltd - 2014-147
2014-147

Summary [This summary does not form part of the decision. ] An item on 3 News covered the state of the Labour Party leadership after the 2014 general election. The Authority did not uphold a complaint that the item contained multiple errors of fact and the political editor misrepresented David Cunliffe’s stated position. While errors were made in the broadcast (which were acknowledged by the broadcaster), they were technical in nature and not material to the focus of the item, which was the confusion surrounding the Labour Party leadership. The explanations given in the broadcast would not have misled viewers as to the general Labour Party process for leadership elections, and any misunderstanding around Mr Cunliffe’s position was due to his own contradictory statements. Not Upheld: Accuracy   Introduction [1] An item on 3 News covered the state of the Labour Party leadership after the 2014 general election....

Decisions
Moore and MediaWorks TV Ltd - 2017-059 (21 September 2017)
2017-059

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....

Decisions
McCaughan and Mediaworks TV Ltd - 2019-065 (16 December 2019)
2019-065

During an episode of Newshub, news reporter Emma Cropper referred to police vehicles as ‘paddy-wagons’. The Authority did not uphold a complaint that the use of the term breached the discrimination and denigration standard. The Authority did not find any element of condemnation, malice or nastiness present in the usage of the term in this context and therefore could not conclude that the broadcast encouraged discrimination and denigration in contravention of the standard. Not Upheld: Discrimination and denigration...

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
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
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
McLoon and MediaWorks TV Ltd - 2015-071 (28 January 2016)
2015-071

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

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