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Summary[This summary does not form part of the decision. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....

The Authority did not uphold a complaint under the good taste and decency standard about the use of the phrase ‘child pornography’ in a Newshub item reporting on the arrest of Sir Ron Brierley. The complaint was that the item should have instead referred to child sexual exploitation, as ‘pornography’ infers consent and normalises a terrible practice. The Authority acknowledged the complainant’s concerns about the use of appropriate terminology with regard to very serious criminal conduct against children, and noted that what is appropriate terminology is contested internationally among authorities and global agencies. The Authority also consulted the Digital Safety Team at the Department of Internal Affairs (DIA), which deals with issues including countering child sexual exploitation. DIA advised that it does not use the phrase ‘child pornography’ and considers the term ‘child sexual abuse material’ most accurately describes the illegal material involving children....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the shooting of two Israeli police officers at the Al-Aqsa Mosque in East Jerusalem. The segment featured footage of officers being chased and shot at, followed by footage of a man being surrounded and shot at, a blurred shot of a dead body on the ground and a body bag on a stretcher. The Authority upheld a complaint that the item breached the good taste and decency, children’s interests and violence standards. The Authority recognised the public interest in the item and that it reported on important and newsworthy events. However, the Authority considered the item should have been preceded by a warning for the potentially disturbing violent content, to enable viewers to make an informed viewing decision, and allow an opportunity to exercise discretion....

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...

Summary[This summary does not form part of the decision. ]An item on The Project discussed the building of a new gambling venue in Tokoroa set to contain 30 gambling machines (‘pokies’). The segment was critical of the South Waikato District Council’s (SWDC) role in the authorisation of this new venue, and also one of the Councillors’ roles as both a Councillor and manager of one of the clubs involved in the creation of the proposed new venue. The following evening one of the programme hosts issued an on-air apology to the Councillor, clarifying inaccurate statements made about their involvement in the decision-making process. The Authority upheld SWDC’s complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. The Authority found that the statement the following night did not remedy the harm caused to SWDC by the broadcast, only the Councillor....

The Authority has not upheld a complaint that a comment made by Dai Henwood referring to the Mountain City Fiddlers breached the good taste and decency and children’s interests standards. The comment, which was made while introducing a country music-themed section in Dancing with the Stars, was found to be within audience expectations for the programme, the presenter, and PGR programmes in general. It was unlikely to cause widespread offence or adversely affect child viewers, and did not reach the threshold requiring regulatory intervention. Not Upheld: Good Taste and Decency, Children’s Interests...

The Authority has not upheld a complaint that a remark about suicide made by Mr Burns at the end of The Simpsons Movie was in breach of the good taste and decency, children’s interests and violence standards. The Authority acknowledged that the remark pushed the boundaries of the G (General) classification and recognised the need for broadcasters to take particular care when addressing subjects such as suicide. However, noting the nature of, and audience expectations for, The Simpsons as well as the nature and position (within the credits) of the remark, the Authority concluded that the programme was unlikely to cause widespread undue offence or distress or to be unduly harmful or disturbing to children. The Authority also noted that there were no scenes of violence depicted. Not upheld: Good Taste and Decency, Children’s Interests and Violence...

Summary[This summary does not form part of the decision. ]Paul Henry featured an interview with the president of the Police Association about assaults on police and the debate about whether to arm front-line police officers with tasers. Towards the start of the interview, Mr Henry said, ‘The numbers are truly extraordinary, aren’t they? Violent attacks on police officers are definitely going up’. The Authority upheld a complaint that this comment was inaccurate, as the number of assaults on police officers was actually decreasing. However, it did not uphold a complaint that the item was unbalanced, as MediaWorks made reasonable efforts to provide balance on the issue of taser carriage by police within the period of current interest....

The Authority has upheld two complaints that a segment on The Project, about an incident where charges against a man who allegedly shot at a drone were dropped, was in breach of the fairness and accuracy standards. The Authority found the segment was unfair to the man and would have misled audiences as it provided an inaccurate account of events through an interview with the drone’s pilot and additional comments from presenters. The drone pilot interviewee was allowed to put forward unchallenged his views on the man, and the broadcaster did not do enough to provide the man with an opportunity to respond to the comments. As the broadcast did not disclose any private information about the man, nor discuss a controversial issue of public importance, the privacy and balance standards were not upheld. Upheld: Fairness, Accuracy Not Upheld: Privacy, Balance No orders...

Summary[This summary does not form part of the decision. ]During a segment of The Project, the presenters discussed whether it was illegal to wear headphones while driving. One of the presenters, a well-known New Zealand comedian, said that he wore headphones while driving ‘because it drowns out the sound of the seatbelt warning’. The Authority did not uphold a complaint that the presenter’s comment trivialised an important road safety issue. The segment as a whole carried a positive road safety message, with the presenters sharing their surprise that wearing headphones while driving was not illegal in New Zealand (though distracted drivers could still be charged with careless driving). The comment was clearly intended to be humorous and the reactions of the other presenters balanced the comment and signalled to viewers that wearing your seatbelt was important....

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....

The Authority has not upheld a complaint about an item during the sports segment of the news showing an Ultimate Fighting Championship fight and one of the competitor’s injuries after the fight. The item was brief, and in the context of an unclassified sports news segment, within audience expectations. Viewers would have had sufficient information to exercise choice and control. Not Upheld: Children’s Interests, Violence...

The Authority did not uphold a complaint that the use of the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ in a Newshub segment that reported on these products, their availability and the fact they have been responsible for a large number of deaths in New Zealand recently breached the accuracy standard. The Authority found that while these products do not contain actual cannabis, the terms ‘synthetic cannabis’ and ‘synthetic cannabinoids’ are commonly used to describe them, both by agencies like the Ministry for Health and the NZ Drug Foundation, and also by the media. Therefore, the Authority did not consider it likely viewers would be significantly misinformed by their use in this broadcast. Not Upheld: Accuracy...

In an episode of The AM Show, host, Duncan Garner, interviewed economist Cameron Bagrie on the topic of dropping interest rates. During the interview, Mr Bagrie commented regarding the risk of people no longer putting money in the bank, saying, ‘the banks need the money in the bank, because they gotta … get a dollar in the door before they can put the money out the door in the form of a loan. ’ The Authority did not uphold the complaint that the item breached the accuracy standard. The Authority found that Mr Bagrie’s statement was clearly distinguishable as analysis, comment or opinion so the accuracy standard does not apply. Not Upheld: Accuracy...

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in determination of this complaint. Summary [This summary does not form part of the decision. ] An episode of The AM Show featured an interview with Hon. Kelvin Davis regarding the Government’s scheduled series of nationwide Hui with Māori. The programme also discussed legal action taken by prisoners against the Department of Corrections over strip searches, and a short clip of comments by host Duncan Garner on this issue was included in a promo for The AM Show broadcast that evening. A complaint was made that Mr Garner’s comments in relation to the first topic amounted to racist ‘slurs’ against Māori and were dismissive of the Crown’s efforts to fulfil its Treaty obligations, and that the discussion of the second topic trivialised prisoners’ ‘serious abusive treatment’. The Authority did not uphold either aspect of the complaint....

The Authority has not upheld a complaint about a segment on The Project, in which host (and comedian) Jeremy Corbett compared the time then National Party Leader Todd Muller and Canadian Prime Minister Justin Trudeau spent thinking before responding to a question about whether US President Donald Trump is racist. The complaint was that the segment breached broadcasting standards by implying Mr Muller ‘failed’ by answering the question too soon and by comparing Mr Trudeau with Mr Muller rather than Prime Minister Jacinda Ardern. The segment was clearly intended to be comical rather than a serious political commentary. In that context it would not have misled viewers and did not trigger the requirements of the balance standard. Nor was the item unfair to Mr Muller who, as then Leader of the Opposition, could reasonably expect to be the subject of media coverage and commentary, including satirical commentary....

During a segment of The AM Show, which discussed how different sections of the community had united in the wake of the Christchurch mosque attacks, host Duncan Garner said he’d like ‘the gangs’ to nominate a person to ‘look after’ the alleged attacker. The Authority did not uphold a complaint that Mr Garner’s comment breached broadcasting standards. The Authority found, upon consideration of contextual factors, including the glib nature of the comment, that while it was discordant with the tone of the broadcast and may have caused offence to some, it did not go beyond audience expectations of Mr Garner or The AM Show. The Authority concluded that any restriction of the broadcaster’s right to freedom of expression on this occasion would be unreasonable.   Not Upheld: Good Taste and Decency, Violence, Law and Order...

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...

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....