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Decisions
Shields and Discovery NZ Ltd - 2022-046 (21 June 2022)
2022-046

The Authority has not upheld a complaint alleging an item on AM breached several standards including accuracy. The broadcast attributed several acts of violence against police, during the February–March 2022 protest and occupation of Parliament grounds, to protesters. The complainant stated there was no evidence the events occurred, and that there was no evidence the violence was caused by protesters. The complainant also submitted the broadcast implied a reporter was ‘manhandled’ on Parliament grounds when in fact she was on Lambton Quay. The Authority found the broadcast was not materially misleading and the broadcaster made reasonable efforts to ensure accuracy. The fairness and discrimination and denigration standards did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

Decisions
Creedy and Discovery NZ Ltd - 2022-097 (26 October 2022)
2022-097

The Authority has not upheld a complaint regarding comments made by the presenters of The Project about Taika Waititi and Chris Hemsworth. The presenters asked Kanoa Lloyd, who was at the Sydney premiere of Thor: Love and Thunder, about her experience interviewing the actors and ‘which one was hotter’ of the two. Lloyd said she embarrassed herself in front of the actors as she was talking about Hemsworth’s butt in the interview and that she preferred Hemsworth ‘just because I've seen the full Chris, and that's hotter to me’. The complainant considered the discussion was inappropriate ‘in our current #metoo society’. The Authority acknowledged societal issues surrounding sexual harassment and concerns regarding the normalisation of female-to-male sexual objectification. However, the comments in this instance did not go beyond audience expectations of The Project....

Decisions
GE Free NZ in Food & Environment Inc and Discovery NZ Ltd - 2024-007 (20 March 2024)
2024-007

The Authority has not upheld a complaint that a segment on AM, discussing the possible deregulation of GMOs, breached the balance and accuracy standards of the Code of Broadcasting Standards in New Zealand. The segment included two interviews with proponents for deregulation, which the complainant considered to be unbalanced, resulting in the audience being misled. The Authority did not uphold the balance complaint, finding the segment adequately acknowledged the existence of other perspectives, and that the topic had a long history of controversy, meaning the audience could reasonably be expected to be aware of different perspectives. The Authority did not uphold the accuracy complaint, finding the introduction of one of the interviewees was not misleading. Not Upheld: Accuracy, Balance...

Decisions
Girardin and Discovery NZ Ltd - 2023-039 (9 August 2023)
2023-039

The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards. Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration...

Decisions
New Zealand Republic Inc and Discovery New Zealand Ltd - 2022-030 (6 July 2022)
2022-030

An item on Newshub Live at 6pm reported on the results of a poll with the question ‘When Queen Elizabeth II is no longer queen, should New Zealand break away from the Commonwealth and become a republic? ’ From this poll, the item reported ‘almost half of us’ want to remain in the monarchy after the Queen dies. The complainant alleged that the question was misleading as it implied that for New Zealand to transition to a republic, it must also leave the Commonwealth, which is not the case. The complainant argued that the item’s reporting on the poll results as representing support for the monarchy, was therefore inaccurate....

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
Bowie and Discovery NZ Ltd - 2024-027 (16 July 2024)
2024-027

The Authority has not upheld a complaint about offensive language and sexual themes in an episode of New Zealand Today, a satirical ‘journalism’ programme by comedian Guy Williams. The programme was broadcast at 8. 35pm, classified 16-LSC (advisory for language, sexual content, and content that may offend), and preceded by a full-screen warning, with the classification and advisory labels repeated after each advertisement break. Given audience expectations of Williams and the programme, the classification, the warning and the scheduling, the Authority found the broadcast would not cause widespread undue offence in the context, and audiences were able to make their own informed viewing choices. The discrimination and denigration standard did not apply. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration...

Decisions
Hibbs and Discovery NZ Ltd - 2022-074 (23 August 2022)
2022-074

A segment on The Project reported on the discovery of the Smeagol slug in South Westland. The hosts took the opportunity to tease their co-host, Kanoa Lloyd, during the segment as they knew she had a phobia of slugs. The complainant stated the segment breached the good taste and decency standard as it normalised bullying behaviour and harassing someone due to their phobias. The Authority did not uphold the complaint, finding the segment amounted to friendly banter without any offensive intent. Accordingly, it did not reach the threshold for regulatory intervention. Not Upheld: Good Taste and Decency...

Decisions
Engleby and Discovery NZ Ltd - 2021-118 (1 December 2021)
2021-118

The Authority has not upheld a complaint that a clip of members of Action Zealandia shown in the documentary Patrick Gower: On Hate breached the fairness standard. The clip, approximately four seconds long, showed several unidentifiable members walking with a flag bearing Action Zealandia’s symbol. The complainant alleged that the broadcast unfairly associated the group with terrorism, and that Action Zealandia should have been given the opportunity to comment. The Authority considered the group’s participation was minor in the context of the broadcast. The broadcaster was therefore not required to inform Action Zealandia that the clip would be featured. It further found that the broadcaster was not obliged to give Action Zealandia an opportunity to comment as part of the documentary. Not Upheld: Fairness...

Decisions
Preston and Discovery NZ Ltd - 2021-011 (11 August 2021)
2021-011

Warning: This decision contains language that some readers may find offensive The Authority has upheld a complaint about the classification and scheduling of an episode of SAS Australia which was classified ‘M’ and screened at 7. 30pm. The episode featured aggression, potentially distressing psychological elements and frequent coarse language (more than 35 instances or variations of ‘fuck’). The Authority found this content warranted a higher classification of ‘16’ rather than ‘M’, a stronger warning for frequent language and a later time of broadcast outside of children’s normally accepted viewing times (after 8. 30pm). It therefore upheld the complaint under the good taste and decency and children’s interests standards, as viewers were not given sufficient reliable information to make an informed viewing choice or exercise discretion. Upheld: Good Taste and Decency, Children’s Interests Not Upheld: Violence No order...

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
Benefield and Discovery NZ Ltd - 2023-069 (16 January 2024)
2023-069

The Authority has declined to determine a complaint that a promo for ThreeNow programme I am Jazz breached multiple standards. The Authority has previously considered similar complaints concerning the inclusion of members of the rainbow community, including trans people, in programmes and saw no reason to depart from previous findings concerning this matter. Decline to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Offensive and Disturbing Content, Children’s Interests, Balance, Accuracy...

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
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
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
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
Samson and Discovery NZ Ltd - 2023-010 (12 April 2023)
2023-010

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the discrimination and denigration standard. The item reported on the appointment of Chris Hipkins and Carmel Sepuloni as the new Prime Minister and Deputy Prime Minister, and discussed the high levels of diversity in the top four positions in Cabinet. Later in the segment, the political editor stated ‘you can’t have two white guys from Wellington at the top in this day and age’, in reference to why she believed Grant Robertson had not been named Deputy Prime Minister. The Authority found the comments were a genuine expression of the political editor’s opinion, and 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
Francis and Discovery NZ Ltd - 2023-027 (26 July 2023)
2023-027

The Authority has not upheld a complaint that an episode of Married At First Sight Australia, broadcast at 7. 30pm, breached the children’s interests standard. The complainant considered the programme ‘promotes toxic and inappropriate relationships’ and was not suitable for broadcast during children’s viewing times. The Authority found the broadcast’s content did not go beyond well-established audience expectations of the programme, and that it complied with its PG-L classification (Parental Guidance recommended; Language may offend). The Authority was therefore satisfied sufficient, reliable information was provided to enable audiences to exercise discretion with regard to children’s viewing. Not Upheld: Children’s Interests...

Decisions
Taylor and Discovery NZ Ltd - 2022-024 (26 April 2022)
2022-024

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that action taken by Discovery NZ Ltd was insufficient, after it upheld a complaint under the good taste and decency standard about language and behaviour in a live interview on Newshub Live at 6pm. The interviewee was the father of Olympian Zoi Sadowski-Synnott, and was interviewed after her gold medal win. The interviewee used variations of the word ‘fuck’ in his response to questions. The Authority found the decision of the broadcaster to uphold the complaint, apologise and create guidance for live interview guests was adequate action taken given the nature of the breach. Not Upheld: Good Taste and Decency (Action Taken)...

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