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Decisions
Bowkett and Discovery NZ Ltd - 2020-103 (21 December 2020)
2020-103

The Authority has not upheld a complaint regarding the question ‘How can anyone trust anything that you say? ’ put to Dr Ashley Bloomfield, Director-General of Health, following the positive tests of two women who were released from managed isolation on compassionate grounds. Dr Bloomfield’s answers to the question (which was posed twice) were shown on-air. Viewers would not have been left with an unduly negative impression of him. As a public health official he is reasonably subject to robust scrutiny, especially during a pandemic. The fairness standard was accordingly not breached and the remaining standards did not apply. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Stark and Discovery NZ Ltd - 2021-080 (15 September 2021)
2021-080

The Authority has declined to determine a complaint about the use of the phrase ‘Jesus Christ’ by an English football fan expressing excitement during a news item covering England’s win against Denmark in the UEFA European Football Championship semi-finals. The Authority has found on numerous occasions the use of ‘Jesus Christ’ or similar terms as an exclamation does not amount to a breach of standards. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

Decisions
Dawson and MediaWorks TV Ltd - 2020-098 (9 December 2020)
2020-098

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...

Decisions
McDonald and Discovery NZ Ltd - 2022-065 (23 August 2022)
2022-065

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

Decisions
The New Zealand Forest Owners Association Inc and Discovery TV Ltd - 2020-111 (24 February 2021)
2020-111

The Authority has not upheld a complaint from the New Zealand Forest Owners Association regarding a two-part investigation into the impact of carbon farming and the Emissions Trading Scheme on rural communities, particularly around the East Coast. The items examined the shift from sheep, beef and dairy farming to forestry, particularly carbon farming, and interviewed locals as to their perspectives on the impact of this. The Authority found the period of interest relating to the issue discussed in the items was ongoing, and that balance was achieved with significant viewpoints presented in other coverage as well as within the pieces. The Authority also found they were not inaccurate as the broadcaster made reasonable efforts to ensure the accuracy of material points of fact. Other inaccuracies raised were not material, or were technical, unimportant points unlikely to mislead viewers. Not Upheld: Balance, Accuracy...

Decisions
McDonald and Discovery NZ Ltd - 2021-119 (17 November 2021)
2021-119

The Authority did not uphold a complaint about a Newshub Live at 6pm item on the Paralympics depicting a hug between sisters Lisa Adams and Dame Valerie Adams. The complaint was that the broadcast breached the good taste and decency, children’s interests, and law and order standards as the Paralympics occurred amid the COVID-19 pandemic, whilst various physical distancing restrictions were in force. The Authority found the item did not breach the standards specified as it did not encourage non-compliance with COVID-19 restrictions, nor was it likely to cause widespread undue offence, or harm to children watching. Not Upheld: Good Taste and Decency, Children’s Interests, Law and Order...

Decisions
Carson and Discovery NZ Ltd - 2024-001 (20 February 2024)
2024-001

The Authority has declined to determine a complaint about comments made by the Political Editor on Newshub Live at 6pm, reporting on the first day of the new Parliament. Comments included that the Speech from the Throne sometimes sounded ‘like a National Party social media video’ and putting to Prime Minister Christopher Luxon ‘that’s National Party spin. ’ The complaint alleged this should have been identified as an opinion piece, and the Political Editor should be ‘unbiased’ and stick to news, not adding opinions. Declined to Determine: Balance, Accuracy, Fairness...

Decisions
West and Discovery New Zealand Ltd - 2022-038 (21 June 2022)
2022-038

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

Decisions
O’Neill and Discovery NZ Ltd - 2022-085 (12 October 2022)
2022-085

The Authority has declined to determine a complaint regarding a broadcast including an interview with a lawyer who was represented as a ‘political commentator’. The complainant made several unsubstantiated allegations to the effect the lawyer was corrupt, and the broadcaster should have disclosed their alleged corruption. The Authority considered the complaint should not be determined in the circumstances as it amounted to the complainant’s personal preference on who should be interviewed, and how they should be portrayed, which are matters of editorial discretion not capable of being resolved by the broadcasting standards complaints process. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Law and Order, Balance...

Decisions
Anderson and Discovery NZ Ltd - 2021-122 (1 December 2021)
2021-122

The Authority has not upheld a complaint that a Newshub Live at 6pm report breached the accuracy and fairness standards by stating there was no evidence ivermectin works in treating or preventing COVID-19. The Authority found the accuracy standard was not breached as the statements were materially accurate and not misleading. The complainant did not identify a person or organisation said to be treated unfairly in the broadcast so the fairness standard did not apply. Not Upheld: Accuracy, Fairness...

Decisions
Robinson and Discovery NZ Ltd - 2021-133 (9 February 2022)
2021-133

The Authority has not upheld a complaint that an item on Newshub Live at 6pm on 7 October 2021, reporting on criticism of National Party leader Hon Judith Collins in the Mood of the Boardroom survey, breached the balance and fairness standards by failing to refer to the survey’s criticism of Prime Minister Jacinda Ardern. The Authority found the balance standard did not apply as the complaint did not concern a controversial issue of public importance. It further found the broadcast did not go beyond the level of robust scrutiny and political analysis that could reasonably be expected of the Leader of the Opposition, and therefore the fairness standard was not breached. Not Upheld: Balance, Fairness...

Decisions
Jennings and Discovery NZ Ltd - 2023-019 (14 June 2023)
2023-019

The Authority has not upheld a complaint an item on Newshub Live at 6pm, reporting on a draft report by the Ministry for Primary Industries | Manatū Ahu Matua proposing to ban many events in the sport of rodeo, was unbalanced and unfair. While the complainant was concerned the item lacked ‘pro‑rodeo’ perspectives, the Authority found the item made reasonable efforts to present significant points of view in the item, noting audiences can be expected to be aware of pro-rodeo perspectives as part of ongoing media coverage. The fairness standard was not breached in respect of the New Zealand Rodeo Cowboys Association (who were provided an opportunity to comment and were not otherwise treated unfairly) and did not apply in respect of other individuals or organisations named by the complainant given they were not referred to in the broadcast, as required by the standard. Not Upheld: Balance, Fairness...

Decisions
Serfontein and Discovery NZ Ltd - 2022-039 (21 June 2022)
2022-039

The Authority has not upheld a complaint alleging footage during a Newshub Live at 6pm item showing a rugby league player throwing up on the side of the field during a match breached the good taste and decency standard. Taking into account the context of the broadcast, the Authority found the footage was unlikely to cause widespread undue offence. Not Upheld: Good Taste and Decency...

Decisions
Stamilla and Discovery NZ Ltd - 2023-107 (20 February 2024)
2023-107

The Authority has not upheld a complaint that comments made by the Political Editor on Newshub Live at 6pm referring to ‘New Zealand Loyal conspiracy candidate Liz Gunn’s party of two” breached broadcasting standards. The Authority found that the balance standard did not apply. It also found the comment was not unfair noting the party could reasonably expect such robust commentary in the lead up to an election and the party leader had previously described it as a ‘compliment’ to be referred to as a conspiracy theorist. Not Upheld: Balance, Fairness...

Decisions
Singh and Discovery NZ Ltd - 2022-123 (20 December 2022)
2022-123

The Authority has not upheld a complaint that a segment on Newshub Live at 6pm breached the offensive and disturbing content, discrimination and denigration, and fairness standards. The segment referred to two recent kidnapping attempts, and asked for witnesses to come forward to help identify the alleged perpetrator. During the segment, a video was shown of the alleged perpetrator, who was described as ‘possibly Indian’. The Authority did not uphold the complaint under any of the nominated standards, finding the broadcast was a straightforward news item; the language used was not offensive or disturbing; did not contain malice or nastiness; and was unlikely to encourage discrimination against, or denigration of a section of the community. The fairness standard did not apply. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Fairness...

Decisions
Grammer and Discovery NZ Ltd - 2021-070 (24 August 2021)
2021-070

The Authority has not upheld a complaint under the accuracy and balance standards about an item discussing the impact of the Hazardous Substances and New Organisms Act 1996 (the HSNO Act) on medical research, particularly in the context of COVID-19 vaccines. The item contained opinions from three scientists, which were not subject to the factual accuracy requirement and were presented accurately. The item was not required to include detail about how the HSNO Act regulated outdoor use of genetic modification compared to medical or laboratory use, as this was not material to the broadcast. The item also contained differing views, so balance was achieved within the programme. Not Upheld: Accuracy, Balance...

Decisions
Greyhound Racing New Zealand and Discovery NZ Ltd - 2023-073 (31 January 2024)
2023-073

The Authority has partially upheld a complaint in relation to the accuracy of a Newshub Live at 6pm item about a person alleged to have harmed greyhounds. It alleged details about the accused were inaccurate and images of an unrelated dog accompanying the report were misleading. The Authority found the relevant details regarding the accused were not materially inaccurate. It found the broadcaster was correct in upholding the complaint initially in relation to the images used, but action taken in response was not sufficient to remedy the likely reputational damage to the handler and industry. The Authority held publication of this decision was sufficient remedy for the breach in all the circumstances. Upheld: Accuracy (Action Taken) No Orders...

Decisions
Flanagan and Discovery NZ Ltd - 2024-020 (22 April 2024)
2024-020

The Authority has not upheld an accuracy complaint about a statement by Newshub’s political editor, ‘the Government announced today it is going to be scrapping cultural reports [used in sentencing],’ following an item focused on the Prime Minister’s comments at Waitangi and on the Treaty Principles Bill. The complaint alleged it was misleading to say the reports had been ‘scrapped’ when the Government had actually announced it would remove legal aid funding for the reports. The Authority was not convinced the statement was inaccurate, given the practical effect of removing Legal Aid funding for cultural reports; and even if it were, the alleged inaccuracy was not material to the segment, and would not have impacted audience’s understanding of the broadcast as a whole. Not Upheld: Accuracy...

Decisions
Connolly and Discovery NZ Ltd - 2021-037 (11 August 2021)
2021-037

The Authority has not upheld a complaint that a comment made by the Hon. Debbie Ngarewa-Packer about the BMI test being ‘crafted by white supremacists’ breached the discrimination and denigration standard. Ms Ngarewa-Packer’s comment was a genuine expression of her opinion on a matter of public interest – possible discrimination in access to public funding for IVF treatment. The standard, which has a high threshold, was not intended to prevent the broadcast of such opinions, the Authority found. Not Upheld: Discrimination and Denigration...

Decisions
Sharifi and Discovery NZ Ltd - 2023-009 (14 June 2023)
2023-009

The Authority has not upheld a complaint a report on a demonstration against the Iranian regime by members of the Iranian community in Auckland breached the accuracy standard. The reporter noted demonstrators were also asking the Government to consider allowing 100 Iranian women to come and study in New Zealand. The complainant, who was present at that demonstration, considered this statement was inaccurate as it did not reflect demonstrators’ views and should have been attributed to the organiser personally. The Authority did not consider the broadcast breached the standard as it was reasonable in the circumstances for the broadcaster to rely on the organiser’s press release, which included the above demand, in reporting on the demonstrators’ demands. Not Upheld: Accuracy...

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