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Decisions
XD and Mediaworks TV Ltd - 2018-102C-D (13 March 2019)
2018-102C-D

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....

Decisions
Grieve and MediaWorks TV Ltd - 2016-019 (25 July 2016)
2016-019

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

Decisions
Knight and MediaWorks TV Ltd - 2020-020 (4 August 2020)
2020-020

The Authority did not uphold a complaint that two guest panellists’ comments on The AM Show about English rugby players following the Rugby World Cup final breached the discrimination and denigration standard. Discussing some players’ refusal to wear their silver medals after losing the final, the panellists made comments including that the English players were ‘pouty little babies, pathetic, stupid, dumb, bad sportsmanship’, ‘petulant English kids’, ‘prats’, ‘it’s their upbringing’, ‘those English players who wanted to toss their medals on the ground’. The complaint was that these comments were nasty and offensive, and ‘racist’ by suggesting ‘it’s [the players’] upbringing’. The Authority noted the large majority of the comments were clearly directed at the individual players concerned, rather than commenting on a group of people....

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
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
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
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
Butler and MediaWorks TV Ltd - 2014-044
2014-044

Summary [This summary does not form part of the decision. ] Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi settlement with the government. The Authority did not uphold the complaint that the item was inaccurate and unbalanced because it misrepresented Ngāpuhi’s economic situation and historical land loss. This was a human interest piece framed from the perspective of John Campbell, and largely comprising the personal opinions and experiences of the people he visited. The community was the focus, not the settlement, and viewers would not have been misled in this context. Not Upheld: Controversial Issues, Accuracy Introduction [1] Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi (Treaty) settlement with the government....

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
Henderson and MediaWorks TV Ltd - 2014-156
2014-156

Summary [This summary does not form part of the decision. ] A promo for The Night Shift briefly showing a male and female passionately kissing screened during Shrek Forever After, which was classified G. The Authority upheld the complaint that the promo breached the responsible programming and children's interests standards, as the promo contained sexual material more properly falling within the PGR classification. The Authority did not make any order. Upheld: Responsible Programming, Children's Interests No Order Introduction [1] A promo for The Night Shift briefly showing a male and female passionately kissing screened during Shrek Forever After, which was classified G. 1 [2] Carol Henderson complained that it was inappropriate to show this promo for an AO programme during a G-rated movie and that it would have distressed and embarrassed children....

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
Right to Life NZ and MediaWorks TV Ltd - 2015-003
2015-003

Summary [This summary does not form part of the decision. ] An item on Campbell Live featured the story of a terminally ill man who is an advocate for voluntary euthanasia. The introduction to the item referred to a proposed private member's bill that would legalise voluntary euthanasia in New Zealand. The Authority did not uphold a complaint that the item lacked balance because it failed to present other significant views on euthanasia. Although voluntary euthanasia is a controversial issue of public importance, the item did not 'discuss' this issue. The item was clearly focused on the interviewee's personal story and experiences, so it did not trigger the requirement for presenting alternative views. Not Upheld: Controversial Issues Introduction [1] An item on Campbell Live featured the story of a terminally ill man who is an advocate for voluntary euthanasia....

Decisions
Wildman and MediaWorks TV Ltd - 2015-075 (4 May 2016)
2015-075

Summary [This summary does not form part of the decision. ] An item on Story investigated an alleged issue within the Auckland property market. It was introduced: ‘Some real estate agents are helping investors and traders… get the houses first [before auction]’. An actor approached different real estate agencies and asked agents to sell him properties for investment prior to auction and at a lower price, which the presenter claimed would be in breach of the industry code. Amy Wildman, one of the agents approached, was filmed with a hidden camera apparently agreeing to sell a property prior to auction. The Authority upheld a complaint from Ms Wildman that she was treated unfairly. The broadcast was damaging to Ms Wildman and did not fairly represent her position, and the use of the hidden camera footage was, on balance, not justified by public interest considerations....

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
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
Eliott and Mediaworks TV Ltd - 2019-062 (18 November 2019)
2019-062

During an episode of Newshub, political editor Tova O’Brien used the term ‘SNAFU’ in reference to a plane the Prime Minister was supposed to be on breaking down. The Authority did not uphold a complaint that the use of the term ‘SNAFU’ was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of Newshub and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘SNAFU’ did not threaten community norms of good taste and decency, or justify restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...

Decisions
Smith and MediaWorks TV Ltd - 2018-062 (26 October 2018)
2018-062

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a Newshub promo that stated ‘over 3 million Kiwis [get their news from Newshub]’ breached the accuracy standard. The complaint was that the promo did not indicate the reference to ‘over 3 million Kiwis’ was a ‘reach’ number (ie a statistical estimate on total audience numbers), and that the omission of information about the source and research methodology used to arrive at the 3-million figure resulted in the promo being misleading. The Authority found the use of the statistic in the promo was unlikely to mislead viewers or significantly affect their understanding of the promo as a whole, taking into account the nature of the promo as a piece of station branding or marketing, rather than a news or current affairs item....

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...

Decisions
Reekie and MediaWorks TV Ltd - 2019-017 (18 July 2019)
2019-017

During a segment on The AM Show, host Duncan Garner referred to an individual as a ‘woolly woofter’. A complaint that the use of this term breached broadcasting standards, as it was homophobic and offensive, was not upheld. The Authority found that, while some viewers may have found the term inappropriate or offensive, the use of the term was unlikely to cause widespread undue offence or seriously violate community norms. In the context of the programme, upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Law and Order...

Decisions
Edwards and MediaWorks TV Ltd - 2017-050 (4 September 2017)
2017-050

Summary[This summary does not form part of the decision. ]An item on Newshub reported on Waitangi Day events around New Zealand, including Bill English’s first Waitangi Day as Prime Minister and his phone call with US President Donald Trump. The item also featured comment on English’s attendance at Waitangi Day celebrations in Auckland, rather than at Waitangi. Comment was provided by Mr English, as well as political editor Patrick Gower, who said: ‘Waitangi Day celebrations will go on the road… away from Waitangi, away from the cauldron that is Te Tii Marae’. The Authority did not uphold a complaint that this item reflected the Government’s desire to control the image of, and de-politicise, Waitangi Day. The Authority acknowledged the national significance of Waitangi Day, and the views of the complainant as to how it should be celebrated....

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