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Decisions
Winyard & Goodwin and Discovery NZ Ltd - 2021-155 (18 May 2022)
2021-155

The Authority has not upheld a complaint that an item on Newshub Live at 6pm, which broke the story of Dr Jonie Girouard issuing medical certificates to patients to attempt to use as vaccine exemptions, breached the privacy and law and order standards. The item featured hidden camera footage filmed by an undercover journalist posing as a patient at Dr Girouard’s practice. The Authority found the footage shown did not breach the privacy of other patients at the practice who were filmed without their consent, as they were not identifiable. It found that the footage did breach the privacy of Dr Girouard, on the basis she was identifiable in the broadcast, and the covert footage amounted to a highly offensive intrusion on her reasonable expectation of seclusion....

Decisions
Wilton and Discovery NZ Ltd - 2021-001 (25 May 2021)
2021-001

Warning: This decision contains language that some readers may find offensive. The Authority has not upheld a complaint that use of the phrase ‘thank fucking Christ’ in an interview segment during the Aotearoa Music Awards breached the good taste and decency standard. In the context, particularly noting the timing of the broadcast, pre-broadcast warnings and public interest in the relevant segment, the Authority considered the programme unlikely to cause widespread undue offence, or distress, or to undermine widely shared community standards. Not Upheld: Good Taste and Decency...

Decisions
WL and Discovery NZ Ltd - 2020-167 (29 June 2021)
2020-167

The Authority upheld a privacy complaint about a Newshub item showing footage of children being uplifted from their homes by Oranga Tamariki. The Authority considered there was adequate information in the clip to enable identification of the children. While the story carried high public interest, protecting children’s privacy interests, particularly where the children are clearly vulnerable, must be paramount in broadcasters’ editorial decision making. Insufficient steps were taken to protect the children’s identities, and given the highly sensitive and distressing circumstances, the Authority considered the disclosure of footage enabling their identification was highly offensive. Upheld: Privacy Orders: Section 16(4) – $1500 costs to the Crown...

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
Milina and Discovery NZ Ltd - 2024-029 (16 July 2024)
2024-029

The Authority has upheld a complaint that promos for Quiet on Set: The Dark Side of Kids TV, Paper Dolls and The Playboy Murders broadcast during family movie Scoob! breached the offensive and disturbing content and children’s interests standards, and that action taken by the broadcaster in response to the complaint was insufficient. The Authority found that, viewed cumulatively, the promos went beyond expectations of the host programme and its PG-VL classification, and scheduling them during Scoob! meant the broadcaster did not enable child viewers to be protected from potentially unsuitable content. The Authority did not make any orders, however, finding publication of the decision was sufficient to publicly notify and remedy the breach and to provide guidance to the broadcaster and broadcasters generally. Upheld: Offensive and Disturbing Content, Children’s Interests (Action Taken) No Order...

Decisions
Chilton & New Zealand Greyhound Racing Association Inc and Discovery NZ Ltd - 2022-134 (7 March 2023)
2022-134

The Authority has not upheld complaints a segment on AM interviewing the SPCA’s Science Officer, Dr Alison Vaughan, breached the balance, accuracy and fairness standards. Dr Vaughan discussed the organisation’s desire to end commercial greyhound racing in New Zealand and invited viewers to contact the Minister of Racing to support that cause. The complainants considered the segment presented only one perspective on the issue and did not attempt to balance it with other perspectives. The Authority found the segment was clearly introduced as presenting a particular perspective, and other perspectives would have been known to viewers given the issue had long-standing interest in NZ. The segment was also materially accurate, or otherwise reflecting Dr Vaughan’s analysis, comment or opinion, to which the accuracy standard does not apply. The fairness standard did not apply as no organisation was referred to in the broadcast. Not Upheld: Balance, Accuracy, 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
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
Wong and Discovery NZ Ltd - 2024-091 (26 February 2025)
2024-091

The Authority has not upheld a complaint that a ThreeNews segment breached the accuracy and fairness standards by stating Pete Hegseth has ‘no relevant experience’ for the position of United States Defence Secretary. The Authority found the comment was clearly distinguishable as comment, analysis or opinion to which the accuracy standard did not apply. While the comment can be seen as an overstatement, in the context of the overall broadcast and other reporting regarding Hegseth’s nomination, it was unlikely to mislead viewers, and any potential harm caused by omitting to outline Hegseth’s military experience is not at a level justifying our intervention or restriction of freedom of expression. Noting the threshold for finding a breach of the fairness standard is higher for politicians and public figures, the Authority also found the brief comment would not have left viewers with an unfairly negative impression of Hegseth. Not Upheld: Accuracy, Fairness....

Decisions
Smith-West and Discovery NZ - 2022-110 (20 December 2022)
2022-110

An item on Newshub Live at 6pm reported on artist Tāme Iti correcting the spelling of his name on an artwork by Dean Proudfoot. After the item aired, the host commented ‘fair enough. ’ The complainant considered this comment breached the promotion of illegal or antisocial behaviour standard by justifying Iti’s actions, thereby encouraging illegal behaviour (alleged vandalism). The Authority did not uphold the complaint, finding the brief, off the cuff comment was unlikely to encourage illegal or antisocial behaviour. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

Decisions
Dobson, Tocker, Takitimu, & Bate and Discovery NZ Ltd - 2022-107 (20 December 2022 )
2022-107

The Authority has not upheld complaints under the accuracy, balance and fairness standards from several complainants about a broadcast of AM on 1 September 2022. The morning news broadcast contained two segments about a recent ‘backtrack’ by the Government on a proposal to apply GST to management services supplied to managed funds (including KiwiSaver). During the first segment, this was described as ‘a tax on your retirement savings’. In the second segment, the specifics of the proposed tax were clarified: ‘technically it wasn't a tax on KiwiSaver funds, it was a tax on the fees applied to KiwiSaver funds’. The Authority found the alleged inaccuracy in the first segment was immaterial to the audience’s understanding of the broadcast as a whole, and mitigated by the second segment where a more detailed description of the proposal was provided....

Decisions
Derleth and Discovery NZ Ltd - 2021-109 (20 December 2021)
2021-109

The Authority has not upheld a complaint alleging an item on Newshub Live at 6pm lacked balance. The item reported on reactions to the sentencing of a person involved in the ‘coward punch’ death of a prominent Auckland kickboxer. A person’s sentencing is not a controversial issue of public importance, so the balance standard does not apply. In any case, it was clear the item was coming from a particular perspective. Not Upheld: Balance...

Decisions
Jacobson and Discovery NZ Ltd - 2024-083 (12 February 2025)
2024-083

The Authority has not upheld a complaint about a ThreeNews item reporting on Donald Trump’s unsubstantiated allegations about Haitian immigrants eating domestic pets, and on Winston Peters having also previously ‘campaigned against the consumption of dog meat’ and ‘[sold] himself as the saviour of pets’. The complainant considered this item breached the accuracy standard because it depicted Peters’ concerns as equivalent to Trump’s unfounded claims, which was materially misleading. The Authority found the broadcast did not portray Peters’ claims in a misleading or inaccurate manner. Although Trump and Peters were cited as having made contentious comments and selling themselves as ‘saviours of pets’, the broadcast did not present evidence to suggest Peters’ claims were unfounded or that he was an object of ridicule. The broadcast clearly outlined Peters’ assertions and the context of those claims....

Decisions
Hall and Discovery NZ Ltd - 2020-159 (22 June 2021)
2020-159

The Authority has not upheld a complaint about an item on The Project, which discussed the financing of the Government’s $50 billion COVID-19 rescue and recovery budget. It suggested New Zealanders are borrowing this money from the Central Bank in the form of payment for Government bonds. The complainant argued this was inaccurate because New Zealanders are borrowing the money from private institutions. He also complained the broadcast confused direct monetary financing with quantitative easing by suggesting the Reserve Bank was buying bonds directly from the Government (rather than from private institutions). The Authority found the broadcast was materially accurate overall and unlikely to mislead viewers. Not Upheld: Accuracy...

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
Brown & Sloog and Discovery Ltd - 2024-049 (2 September 2024)
2024-049

The Authority has not upheld a complaint that an episode of Married at First Sight New Zealand breached the offensive and disturbing content standard. The episode featured couples getting ‘married’ at a resort in Vanuatu. It included two scenes (pre- and post-ceremony) of one of the grooms and his groomsman urinating into bushes, with their streams of urine visible. The Authority found the scenes of the men urinating were within audience expectations for the programme, and the nature of the content was sufficiently signposted through audience advisories. In this context, the scenes were not likely to cause widespread undue offence or distress, or undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

Decisions
Van Peursem & Fox and Discovery NZ Ltd - 2021-056 (24 August 2021)
2021-056

The Authority has not upheld two complaints about an item on The Project. A presenter commented ‘I think happily we don’t have many Americans in New Zealand so we probably won’t end up in that situation’, in response to a question from another presenter, about whether New Zealanders would start demanding a right to bear arms as in the United States, in light of a recent knife attack. The complainants alleged these comments were discriminatory against Americans, and breached the discrimination and denigration standard. The Authority acknowledged the comments had the potential to cause offence, but found they did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

Decisions
GE Free NZ in Food & Environment Inc and Discovery NZ Ltd - 2023-115 (20 February 2024)
2023-115

The Authority has not upheld a complaint a segment on Paddy Gower Has Issues breached the accuracy, balance and fairness standards of the Code of Broadcasting Standards in New Zealand. The segment included Gower stating he had ‘no issues’ with genetically modified corn, and that the effective ban on GE should be removed. The Authority did not uphold the complaint, finding the statements amounted to Gower’s opinion and that the alleged inaccuracy was not materially misleading and would not have impacted the audience’s understanding of the broadcast as a whole. The Authority also found under balance that the segment was clearly intended to provide a particular perspective (Gower’s) on the topic....

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
Hall and Discovery NZ Ltd - 2021-051 (6 September 2021)
2021-051

The Authority did not uphold a complaint about a segment on 7 Days which made a joke referring to a picture of Prince Philip, shortly after his death. The Authority found the segment did not contain any material outside of what viewers could reasonably expect from the programme (as a long-running comedy show based on finding comedic elements in the news of the week, audiences are well-familiar with its format and style of content and humour), and did not cause any harm justifying the restriction of freedom of expression. Not Upheld: Good Taste and Decency...

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