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Download a PDF of Decision No. 1991-023:Burt and Television New Zealand Ltd - 1991-023 PDF293. 72 KB...

Summary[This summary does not form part of the decision. ]A ONE News bulletin included an item on politicians' attendance at the Big Gay Out festival. The newsreader said, 'The community makes up to 10 percent of New Zealand's population and MPs were keen to show their support'. The Authority did not uphold the complaint that this statement and in particular the figure of 10 percent was inaccurate and misleading. It was expressed as an approximate figure only. There is no data available showing the exact size of the Lesbian, Gay, Bi-sexual and Transgender (LBGT) community against which to assess the accuracy of the statement. Not Upheld: AccuracyIntroduction[1] A ONE News item covered the Big Gay Out event in Auckland. The newsreader introduced the item by saying: The importance of the gay vote was evident today as a pack of politicians joined thousands at Auckland's Big Gay Out festival....

An item on 1 News reported on clashes between mourners and Israeli police at the funeral of Palestinian-American journalist Shireen Abu Akleh. The Authority did not uphold a complaint that the item was misleading by implying the locations of Abu Akleh’s death and her funeral were in Israel and by impliedly ‘exonerating’ Israel for its police force’s actions at the funeral and for Abu Akleh’s death. While the item did not specify the city or country where the events took place, the Authority found the generic place descriptors used combined with references to ‘Israeli police’ and ‘Israeli forces’ being present would not have misled the audience to believe the events occurred in Israel. It further found the broadcast did not impliedly ‘exonerate’ Israel. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a reporter’s comment during a segment on 1 News concerning the death of a child from a throat infection breached the offensive and disturbing content standard. The Authority acknowledged the relevant phrase represented a poor choice of words. However, in the context, the Authority accepted that it was inadvertent and did not merit regulatory intervention. Not Upheld: Offensive and Disturbing Content...

An item on 1 News reported on Posie Parker entering Aotearoa New Zealand for speaking events, and explored the opposition she would face from transgender rights supporters. The Authority did not uphold a complaint the item was biased and unbalanced. While the broadcast did discuss a controversial issue of public importance for the purpose of the balance standard, the item clearly signalled it was approaching the issue from the perspective of transgender communities intending to attend the counter‑protest, sufficiently signalled the major perspectives on the issue, and the audience could reasonably be expected to be aware of alternative perspectives in any case. Not Upheld: Balance...

The Authority has not upheld a complaint that the inclusion of a clip during Seven Sharp of two people pitch invading or ‘streaking’, one of whom was in a wheelchair, breached the promotion of illegal or antisocial behaviour standard. While the Authority acknowledged streaking is illegal at major sporting events, the streaking in the clip occurred at a club football match. The reason the clip was highlighted and presented in a positive light was because one of the streakers was in a wheelchair, which is not a typical occurrence, and because the clip had been shared around the world. Further, at the beginning of the clip the host explicitly commented ‘Pitch invasion is frowned upon these days. ’ In the circumstances, the Authority found the clip was unlikely to promote or encourage streaking. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

The Authority has not upheld a complaint about an interview with National Party Leader Christopher Luxon on Q+A with Jack Tame. The complaint alleged Tame was disrespectful and hostile to Luxon, and asked invasive personal questions, in breach of the fairness, balance and accuracy standards. The Authority did not consider Tame’s questions or comments went beyond a level of robust scrutiny or challenge that could reasonably be expected in an interview with the Leader of the Opposition on their party’s policies, particularly in the lead-up to a general election, and therefore the fairness standard was not breached. The complaints under balance and accuracy each concerned matters not addressed by the relevant standard. Not Upheld: Fairness, Balance, Accuracy...

The Authority has declined to determine two complaints under multiple standards relating to segments of a 1News broadcast that concerned a pro-Palestinian protest in Auckland and developments in the Israel-Hamas conflict, and aid funding for Ukraine. The Authority found the complainant had not raised arguments relevant to the standards raised, had raised matters of personal preference, the relevant issues had been satisfactorily addressed in the broadcaster’s decisions on his complaints, and/or related to issues that have previously been dealt with and did not warrant further determination. Declined to Determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances the complaints should not be determined): Offensive and Disturbing Content, Promotion Of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Fairness...

The Authority1 has not upheld a complaint under the balance and accuracy standards relating to an interview on Breakfast about Government plans to reverse a ban on live exports. The complainant argued live export footage used in the segment contributed to a lack of balance, was misleading and would lead viewers to believe it depicted New Zealand cattle in distress. The balance standard was not breached given the interview was signalled as approaching the issue from a particular perspective, the audience could be expected to be aware of other viewpoints from other media, and the host had challenged the interviewee and referenced Government policy. The Authority found viewers were unlikely to assume the footage depicted New Zealand cattle and, in any event, if it had misled viewers on that point, it was not materially misleading because it would not significantly affect the audience’s understanding of the programme....

The Authority has not upheld a complaint about a 1News item on rising gang membership, which featured archival footage of gang members. The complainant said the broadcast breached the promotion of illegal or antisocial behaviour, balance and accuracy standards on the basis the footage promoted gang activity/membership and misrepresented the current situation where gang patches and insignia are banned in public. In the context of the item, the Authority did not consider the likely impact of the visual content was to encourage illegal or antisocial behaviour. It also found the content was unlikely to mislead reasonable viewers regarding current gang activity. The balance standard did not apply. Not Upheld: Promotion of Illegal or Antisocial Behaviour, Balance, Accuracy...

The Authority has not upheld a complaint about offensive language on My Kitchen Rules. The Authority found three instances of language across a 90-minute programme was not outside the expectations of the programme’s M-L classification (M – suitable for mature audiences 16 years and over; L – language may offend); the classification and onscreen warning provided sufficient information to make an informed viewing decision or to exercise discretion; and the broadcast would not cause widespread undue offence in the context. For the same reasons, the Authority was satisfied the broadcaster took adequate steps and provided sufficient reliable information to ensure children could be protected from potentially unsuitable content.   Not Upheld: Offensive and Disturbing Content, Children’s Interests...

A segment on Sunday contained a story about two women suffering debilitating symptoms of menopause, and included a brief discussion with a doctor about the use of Hormone Replacement Therapy as a treatment option. The complainant alleged the broadcast breached the accuracy and balance standards as it inaccurately described HRT as ‘safe’, promoted HRT’s benefits for other health issues, contained a statement that a 20-year-old study linking breast cancer to HRT had been discredited as flawed, and failed to provide countering views on HRT’s safety and on the validity of the study. The Authority did not uphold the complaint, finding it was reasonable for TVNZ to rely on Dr Teagle as an authoritative source, the segment was materially accurate, the story was clearly told from a particular perspective, and the alleged harm did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Accuracy, Balance...

Warning — This decision contains references to sexual violence. The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate....

In a segment on Breakfast, the hosts tried out a ‘Bug-A-Salt’; a device in the shape of a firearm which shoots granules of salt to kill flies and other bugs. As part of the segment, the hosts did some ‘target practice’ on a Donald Trump ‘troll doll,’ shooting it down twice. The Authority did not uphold complaints that this breached the offensive and disturbing content and promotion of illegal or antisocial behaviour broadcasting standards. While the Authority found the segment pushed the boundaries of acceptable humour, in the context of the broadcast, including the comedic and light-hearted tone, the focus on the effectiveness of the Bug-A-Salt rather than Trump, and the lack of malicious intent, it found it was unlikely to cause widespread disproportionate offence or distress, or undermine widely shared community standards....

The Authority has declined to determine a complaint that the use of the word ‘Jesus’ as an exclamation during an episode of Shortland Street breached broadcasting standards. In light of the Authority’s guidance on complaints that are unlikely to succeed, and previous decisions on the use of ‘Jesus’ and ‘Christ’ as exclamations, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) in all the circumstances): Offensive and Disturbing Content, Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a character using the phrase (according to the accompanying closed captions), ‘You’ve got no freaking idea…’ The Authority did not uphold a complaint that this phrase breached the good taste and decency standard because in the complainant’s view, the character actually said ‘f***ing’. The Authority noted that if broadcasters wish to broadcast sanitised versions of unacceptable words, then it is their responsibility to make it clear that it is not the offensive word that is being uttered, but rather a word which is distinctly aurally different. Here, where there was some uncertainty about what was said, the Authority did not uphold the complaint....

The Authority has not upheld a complaint about an item on 1 News including criticism of Easter trading restrictions and of the councils imposing them, in the wake of COVID-19 and its impact on retailers. The complainant alleged the item was unbalanced on the basis it failed to include the views of the councils being criticised, and of others who supported current restrictions, such as unions and churches. The Authority found, in the context of an item discussing criticism of the status quo, and where debate about Easter trading restrictions and coverage of such debate is ongoing, viewers were unlikely to be left misinformed by the broadcast. Not Upheld: Balance...

The Authority did not uphold a complaint a report on 1 News showing footage of a homicide at a Raumanga service station breached the offensive and disturbing content and promotion of illegal or antisocial behaviour standards. The complainant considered it was inappropriate to show footage of ‘a murder being committed,’ and that it promoted antisocial behaviour. The Authority found the footage was justified in the context, noting there was no unreasonable or unnecessary degree of graphic detail, news programmes by their nature often feature challenging material, and the introduction to the item (which signposted the ‘confronting video clip’ and included a warning) adequately informed viewers of the nature of the footage, enabling them to choose not to watch. It also noted the public interest in showing the footage given Police’s request for assistance in the matter....

The Authority has not upheld a complaint that a Labour Party election programme which used the phrase ‘it’s about by Māori, for Māori’ was misleading on the basis the Aotearoa New Zealand Government is allegedly mostly funded by non-Māori taxpayers. The Authority held that a reasonable viewer would not understand this term to relate to government funding but to leadership and decision-making roles being held by Māori for Māori issues. The misleading programmes standard did not apply. Not Upheld: E1: Election Programmes Subject to Other Code (Accuracy), E4: Misleading Programmes...