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Summary[This summary does not form part of the decision. ]A complaint about a Newshub item in which the presenter commented, ‘And I thought the only reason we watch Aussie Rules [AFL] was for the short shorts’, has not been upheld by the Authority. The Authority found that the comment, while inappropriate, did not reach the threshold to be considered a serious violation of community norms of good taste and decency. The Authority acknowledged the importance of contextual factors in considering whether the standards have been breached, including the nature of Newshub as an unclassified news programme and audience expectations of the broadcast. The Authority recognised that the statement was not made with malice or nastiness and found the comment did not breach the discrimination and denigration, balance or fairness standards....

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....

The Authority has not upheld a complaint that a Newshub Live broadcast reporting on the United Kingdom’s Prime Minister Boris Johnson’s treatment for COVID-19 was inaccurate when it referred to President Donald Trump as ‘the world’s leading expert on fake news’. The Authority considered the statement was distinguishable as a statement of opinion and accordingly the accuracy standard did not apply. Not Upheld: Accuracy  ...

Summary [This summary does not form part of the decision. ] A panel discussion following the Newshub Leaders Debate featured comments from political commentator, Matthew Hooton, regarding Labour’s tax policies, including that Jacinda Ardern was ‘not telling the truth about her plans for tax’ and that she was ‘refusing to tell’ New Zealanders about the party’s tax plan. The Authority did not uphold a complaint that these comments were unfounded and biased, and that Ms Ardern should have been given a right of reply. The Authority found that, in the interests of balance, Ms Ardern was given a reasonable opportunity throughout the debate and during questioning from panel members, to explain Labour’s proposed approach to a review of the tax system and to address the perception that New Zealanders would not have the opportunity to view Labour’s full policy before voting....

Summary[This summary does not form part of the decision. ]Two items on 3 News reported on two cases of Talley's Group paying compensation to employees for work accidents at its freezing works. The items featured interviews with both workers and referred to their Employment Relations Authority (ERA) cases. The Authority did not uphold a complaint that the items were inaccurate and unfair to AFFCO Holdings Ltd, the subsidiary of Talley's Group which owns the freezing works. The broadcaster was entitled to report key parts of the ERA judgments, and AFFCO was given a fair opportunity to comment. Not Upheld: Accuracy, Fairness Introduction[1] Two items on 3 News reported on Talley's Group paying compensation to employees for work accidents at its freezing works....

Summary [This summary does not form part of the decision. ]During a ‘Vote Smart’ segment on The Project, host Jesse Mulligan discussed what he considered to be the ‘horribl[e] underfund[ing]’ of the Department of Conservation (DoC). Mr Mulligan said, ‘DoC doesn’t have a big lobby group to argue their case. You know when Big Dairy puts their hand out, they get offered up to $400 million to spend on irrigation. That’s DoC’s whole budget, but it’s being spent on growing dairy, which, if anything, makes the conservation job even harder’. The Authority did not uphold a complaint that the comparison made between DoC and Crown Irrigation was inaccurate and misleading as the funding models of these two entities are different. The comment was not a statement of fact which triggered the requirements of the accuracy standard....

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....

Summary[This summary does not form part of the decision. ]During an episode of The Block NZ: Girls Vs Boys, contestants ‘Dyls’ and ‘Dylz’ competed in an ongoing ‘Odd Jobs Challenge’, winning $10,000. However, the team was penalised $5,000 for using power tools after hours. When the show’s host, Mark Richardson, and its resident builder and site foreman, informed the team about the penalty, Dyls swore profusely (with swear words censored), knocked a hard hat off a table and knocked down a large piece of plywood. The Authority did not uphold a complaint that this segment breached the violence standard. While Dyls lost his temper and acted childishly, his behaviour did not amount to ‘violence’ as envisaged by the standard. Any coarse language was censored and Dyls was not physically violent or threatening toward any member of the show during the incident....

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

Summary[This summary does not form part of the decision. ]3D reported on the cervical cancer vaccine Gardasil, and the stories of several girls and their families who believed that they had suffered serious health problems after being vaccinated. It also reported on the as-yet-unexplained sudden deaths of two girls who had recently received the vaccine. The Authority did not uphold a complaint from the maker of Gardasil alleging that the programme misleadingly suggested that Gardasil was unsafe and thus deceived and disadvantaged the public when there was no evidential basis for doing so. The story was well-reported, was measured in its presentation and gave viewers a range of information, which enabled them to make up their own minds about the vaccine. The Authority emphasised the high public interest in the story and in giving a platform for minority voices to be heard....

An appeal against this decision was dismissed in the High Court: CIV-2017-485-71. 12 MBSummary[This summary does not form part of the decision. ]An item on Paul Henry about Independence Day celebrations in the USA featured an interview with the USA’s Ambassador to New Zealand. Prior to the interview, Paul Henry referred to the USA claiming ‘its independence from England’. He later quoted Margaret Thatcher, referring to her as the ‘Prime Minister of England’. The Authority did not uphold a complaint that Mr Henry’s statements were inaccurate and discriminatory in that he should have referred to Great Britain or the United Kingdom, rather than England. The item was focused primarily on Independence Day celebrations and the statements would not have affected viewers’ understanding of the item as a whole....

The Authority has not upheld a complaint about a segment of Newshub Nation which discussed the National Party’s top Members of Parliament (MPs) under then leader Todd Muller. In the segment, reporter Tova O’Brien asked ‘Why is it that all of these women do the mahi and then this dude gets the treat? ’ The question referred to Mr Muller being rewarded as leader over his top three female MPs, Hon Nikki Kaye, Hon Amy Adams and Hon Judith Collins. The complaint was that reference to Mr Muller as ‘that dude’ was in bad taste, unbalanced, unfair and sexist. The Authority found the comment was unlikely to cause widespread undue offence or distress as contemplated under the good taste and decency standard. The fairness standard was not breached as the comment would not have left the audience with an unduly negative impression of Mr Muller....

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...

The Authority has found that a segment on Newshub regarding the sale of a report summarising data received from schools in a survey run by the Ministry of Education and I. D. C. New Zealand Limited breached the accuracy standard. The item reported on concerns of the New Zealand Educational Institute and survey participants regarding the sale of the report to Microsoft and Google. The Authority found that the statement ‘sensitive, private data about schools and their students pawned off to private companies by Chinese data giant’, which was included in the item, was materially inaccurate and likely to mislead viewers given the data contained in the report was anonymised and aggregated. The Authority also found the broadcaster did not make reasonable efforts to ensure that the relevant statement was accurate and did not mislead. Upheld: Accuracy No orders...

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....

Summary[This summary does not form part of the decision. ]Four items on Newshub featured stories related to the United Kingdom and/or the British Royal Family. The Authority did not uphold complaints that the Newshub items and the reporters’ comments were biased, unfair and derogatory towards the United Kingdom and/or members of the British Royal Family. The Authority found that the news reports did not contain any material which discriminated against or denigrated any section of the community, or which could be said to be unfair to members of the British Royal Family. The items also did not discuss a controversial issue of public importance which triggered the requirement for balancing perspectives to be given, and did not raise accuracy or programme information issues....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on Waitangi Day events around New Zealand, including Bill English’s first Waitangi Day as Prime Minister and his phone call with US President Donald Trump. The item also featured comment on English’s attendance at Waitangi Day celebrations in Auckland, rather than at Waitangi. Comment was provided by Mr English, as well as political editor Patrick Gower, who said: ‘Waitangi Day celebrations will go on the road… away from Waitangi, away from the cauldron that is Te Tii Marae’. The Authority did not uphold a complaint that this item reflected the Government’s desire to control the image of, and de-politicise, Waitangi Day. The Authority acknowledged the national significance of Waitangi Day, and the views of the complainant as to how it should be celebrated....

During a segment on The AM Show, host Duncan Garner referred to an individual as a ‘woolly woofter’. A complaint that the use of this term breached broadcasting standards, as it was homophobic and offensive, was not upheld. The Authority found that, while some viewers may have found the term inappropriate or offensive, the use of the term was unlikely to cause widespread undue offence or seriously violate community norms. In the context of the programme, upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Law and Order...

Summary[This summary does not form part of the decision. ]An item on Newshub discussed revelations that the pension of New Zealand First Leader, Rt Hon Winston Peters, had been overpaid for up to seven years. The segment featured excerpts of a phone interview with Mr Peters, details about Mr Peters’ press release and subsequent comments made by Mr Peters about the overpayments. The Authority did not uphold a complaint that the broadcast was unbalanced and unfair. The Authority did not consider that it was necessary to obtain a copy of the full phone interview transcript in order to determine whether the broadcast was inaccurate and unfair (as requested by the complainant)....