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Decisions
Bott and Discovery NZ Ltd - 2024-047 (14 October 2024)
2024-047

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on an instance of alleged illegal fishing in a marine reserve. The introduction stated, ‘A dive company owner has described [the fishing] as a “blatant and reckless raiding party”. Video posted on social media appears to show the men at the Poor Knights Islands [which has] been protected for decades…’ Clips of the video were shown in the item, with the individuals’ faces blurred. The complaint was that the story was ‘ill informed’ and had caused ‘a lot of harm’ to the individuals involved and their families, including death threats....

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
Judge and Discovery NZ Ltd - 2023-021 (14 June 2023)
2023-021

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the balance standard. The broadcast commented on Chris Hipkins’s first day as Prime Minister, and noted after only a few hours into the role, he did not have any ‘tangible’ policy to announce. The complainant alleged the broadcasting was biased, and unbalanced. The Authority did not uphold the complaint, finding the balance standard did not apply as the broadcast did not discuss an issue of public importance, the complainant did not specify which balancing perspectives they considered were not presented, and in any event, relevant perspectives had been presented in the broadcast.   Not Upheld: Balance...

Decisions
Wightman and Discovery NZ Ltd - 2021-060 (2 August 2021)
2021-060

The Authority has not upheld a privacy complaint about an item covering ‘an early morning street brawl’. The complainant was briefly shown in the item speaking to police at the scene of the brawl. The Authority found that while the complainant was identifiable, the item did not disclose any private information over which she had a reasonable expectation of privacy. Not Upheld: Privacy...

Decisions
Love and Discovery NZ Ltd - 2021-157 (9 February 2022)
2021-157

An item on Newshub Live at 6pm covering COVID-19 statistics opened by stating 8% of New Zealand’s population was currently unvaccinated. The complainant alleged by omitting the term ‘eligible’, this introduction breached the accuracy standard as more than 8% (at the time) of New Zealand’s total population was unvaccinated. The Authority did not uphold the complaint, finding the segment was materially accurate and a reasonable viewer would have understood the reference to the population, in a vaccination context, to be a reference to the eligible population. The programme information standard did not apply. Not Upheld: Accuracy, Programme Information...

Decisions
Livingstone and Discovery NZ Ltd - 2023-013 (16 May 2023)
2023-013

The Authority has not upheld a complaint that a promo leading to a news report on Newshub Live at 6pm breached the discrimination and denigration standard in its use of the word ‘Aboriginals’ when describing Aboriginal peoples / First Nations peoples in Alice Springs, and for discussing concerns of rising crime in Alice Springs. While acknowledging the description ‘Aboriginals’ rather than ‘Aboriginal people(s)’, is no longer considered appropriate terminology in Australia, the host’s statement was made without malice or nastiness as part of a straightforward news report on rising criminal activity. The broadcaster also advised the complainant’s concern regarding correct terminology has been passed on to the Newshub team. The Authority did not consider regulatory intervention justified in these circumstances. Not Upheld: Discrimination and Denigration...

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
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...

Decisions
Vorwerk and Discovery NZ Ltd - 2020-158 (31 March 2021)
2020-158

The Authority declined to determine a complaint about the use of te reo Māori on Newshub Live at 6pm. Te reo Māori is an official New Zealand language. Its use is a matter of editorial discretion appropriately determined by broadcasters. The Authority declined to determine the complaint because the use of te reo Māori does not raise any issue of broadcasting standards. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance...

Decisions
Yuan and Discovery NZ Limited - 2022-044 (18 May 2022)
2022-044

The Authority did not uphold a complaint that a Newshub Live at 6pm report into the crash of China Eastern Flight MU5735 breached the accuracy, fairness, and discrimination and denigration standards. The complaint was in relation to speculation the crash might have been due to a deliberate act from the cockpit. The Authority acknowledged, while the discussion on the recently occurring tragedy may have been distressing to some viewers, the words were clearly stated as commentary, analysis and opinion, rather than fact, and therefore the accuracy standard did not apply. No discrimination or denigration was found, and the fairness standard did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

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
HJ and Discovery NZ Ltd - 2021-110 (1 December 2021)
2021-110

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached....

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
Gebbie and Discovery NZ Ltd - 2022-073 (23 August 2022)
2022-073

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the discrimination and denigration standard in its discussion of the social media and wider impact of the Johnny Depp-Amber Heard defamation trial. The Authority noted the issue of the genders of victims and perpetrators of domestic violence was not the focus of the broadcast, and it did not reach the high threshold of condemnation necessary to find a breach of the standard. Not Upheld: Discrimination and Denigration...

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
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
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
Pemberton and Discovery NZ Ltd - 2023-034 (14 June 2023)
2023-034

The Authority has declined to determine an accuracy complaint about a news item referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

Decisions
Brandish and Discovery NZ Ltd - 2024-035 (7 August 2024)
2024-035

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on New Zealand First Leader Winston Peters’ State of the Nation speech, which stated Peters had compared the previous Labour Government’s approach to co-governance to the Holocaust. The complainant considered this breached the accuracy standard on the basis Peters had referred to Nazi Germany and ‘growing social/racial differences as evident in Germany’ pre-World War II rather than to the Holocaust. The Authority found the broadcast was not misleading, noting the description that Peters had made a comparison to the Holocaust was not materially different to saying he had made a comparison to Nazi Germany....

Decisions
Greyhound Racing New Zealand Inc and Discovery NZ Ltd - 2023-116 (8 April 2024)
2023-116

The Authority has not upheld a complaint that an item on Newshub Live at 6pm reporting on a disqualification hearing for a greyhound trainer was inaccurate and unfair. The complainant argued the broadcast’s description of the facts leading to two charges against the trainer (related to failing to ensure the welfare of two dogs), was misleading. The complainant also argued it was unfair to comment on the trainer’s potential disqualification sentence before it had been finalised, impeding the trainer’s ‘right to a fair trial’. The Authority found the broadcast was not materially misleading overall, or reasonable efforts had been made to ensure accuracy, and did not give rise to any unfairness to the trainer. The public interest in the story outweighed the low risk of harm. Not Upheld: Accuracy, Fairness...

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