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Decisions
New Zealand Greyhound Racing Association Inc and Discovery NZ Inc - 2022-084 (30 January 2023)
2022-084

The Authority has upheld a complaint about an item on Newshub Live at 6pm that discussed the alleged misuse of public funds for safety improvements at a greyhound racetrack. The complainant alleged the programme did not present a balanced view of the issue and misled the audience on key facts regarding what action was taken at the raceway. The Authority found the item was presented in a way that favoured the perspectives of those critical of the racing club’s actions, without giving reasonable opportunities to provide balance from the other side of the story. The Authority also found that a collection of factual errors in the item meant, overall, viewers were materially misled. Upheld: Balance, Accuracy...

Decisions
Wray and Mediaworks TV Ltd - 2017-014 (15 May 2017)
2017-014

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the conviction and sentencing of a New Zealand woman, A, for the murder of her 20-year-old severely autistic and intellectually disabled daughter, B. The Authority did not uphold a complaint that the item ‘sympathised with the murderer over the victim’ and ‘morally absolved [A]’. The broadcast was a factual news item which reported on the outcome of criminal proceedings involving A, and largely reflected the Judge’s statements at sentencing. It was focused on the circumstances of A’s particular case and did not contain a discussion of the wider issues of violence against disabled people or family violence, and therefore did not require balancing perspectives on these issues....

Decisions
Miller and MediaWorks TV Ltd - 2017-089 (15 December 2017)
2017-089

Summary[This summary does not form part of the decision. ]A segment on Newshub during the election period featured a political reporter discussing the potential factors behind the Labour Party’s drop in the Newshub election poll. During the segment the reporter stated that the National Party’s claim that Labour would increase income tax if elected was a ‘lie’. The Authority did not uphold a complaint that this comment was unfair and biased. The Authority emphasised that it is an important function of the media to comment critically on party policies and actions and that this type of speech has high value in terms of the right to freedom of expression, particularly during election time. Political parties should expect to be subject to robust criticism and the Authority was satisfied the political reporter’s comment did not go beyond what could be expected during the election period....

Decisions
Eliott and Mediaworks TV Ltd - 2019-062 (18 November 2019)
2019-062

During an episode of Newshub, political editor Tova O’Brien used the term ‘SNAFU’ in reference to a plane the Prime Minister was supposed to be on breaking down. The Authority did not uphold a complaint that the use of the term ‘SNAFU’ was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of Newshub and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘SNAFU’ did not threaten community norms of good taste and decency, or justify restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...

Decisions
Martyn and MediaWorks TV Ltd - 2016-042 (22 August 2016)
2016-042

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the world’s first legally recognised Pastafarian wedding between two members of the Church of the Flying Spaghetti Monster (CFSM). The reporter referred to the CFSM as a ‘spoof religion’, and stated, ‘Pastafarians believe that pirates are supreme beings from which all humans evolved, and it’s an official religion’. The Authority did not uphold a complaint that describing the CFSM as a ‘spoof religion’ was denigrating, disrespectful and discriminatory. It took the view that the broadcaster’s reference to the Church as a ‘spoof religion’ was an opinion which was available to be taken and able to be expressed, and that the high threshold required for discrimination and denigration to be established had not been reached. The Authority also did not uphold a complaint that the reference to pirates as ‘supreme beings’ was inaccurate....

Decisions
Pask and Mediaworks TV Ltd - 2019-057 (18 November 2019)
2019-057

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning US immigration breached the good taste and decency and balance standards. The complaint was that showing the bodies of a toddler and her father who drowned while trying to enter the US was gratuitous, and that the item’s coverage of migrant detention camps and interviews with protestors outside were unbalanced as no comment was included from US authorities. The Authority found that including the images of dead bodies was justified in the public interest, and the warning preceding them was sufficient to enable viewers to exercise choice and control over their viewing, so there was no breach of good taste and decency....

Decisions
Baxter and MediaWorks TV Ltd - 2016-013 (12 May 2016)
2016-013

Summary[This summary does not form part of the decision. ]Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The Authority did not uphold a complaint that the item breached the privacy of grieving families attending the memorial service. Families in attendance at the memorial generally cannot be considered under the privacy standard, which is concerned with identifiable individuals. In any case, the coverage was duly sensitive and respectful, was not overly intrusive and did not focus on any particular individuals at length. Not Upheld: PrivacyIntroduction[1] Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The item included footage of attendees at the memorial service. [2] Iain Baxter complained that the item breached the privacy of grieving families who attended the memorial service....

Decisions
Lewis and MediaWorks TV Ltd - 2017-069 (16 November 2017)
2017-069

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the shooting of two Israeli police officers at the Al-Aqsa Mosque in East Jerusalem. The segment featured footage of officers being chased and shot at, followed by footage of a man being surrounded and shot at, a blurred shot of a dead body on the ground and a body bag on a stretcher. The Authority upheld a complaint that the item breached the good taste and decency, children’s interests and violence standards. The Authority recognised the public interest in the item and that it reported on important and newsworthy events. However, the Authority considered the item should have been preceded by a warning for the potentially disturbing violent content, to enable viewers to make an informed viewing decision, and allow an opportunity to exercise discretion....

Decisions
Smith and MediaWorks TV Ltd - 2018-062 (26 October 2018)
2018-062

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a Newshub promo that stated ‘over 3 million Kiwis [get their news from Newshub]’ breached the accuracy standard. The complaint was that the promo did not indicate the reference to ‘over 3 million Kiwis’ was a ‘reach’ number (ie a statistical estimate on total audience numbers), and that the omission of information about the source and research methodology used to arrive at the 3-million figure resulted in the promo being misleading. The Authority found the use of the statistic in the promo was unlikely to mislead viewers or significantly affect their understanding of the promo as a whole, taking into account the nature of the promo as a piece of station branding or marketing, rather than a news or current affairs item....

Decisions
Ministry for Primary Industries and Mediaworks TV Ltd - 2016-092 (15 May 2017)
2016-092

Summary[This summary does not form part of the decision. ]Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible....

Decisions
Tempero and MediaWorks TV Ltd - 2019-011 (7 May 2019)
2019-011

The Authority has not upheld a complaint that a Newshub item, which featured blurred footage of a child, was in breach of the children’s interests standard. The item reported on the conviction of a British tourist for stealing from a service station and featured blurred footage of the woman’s child as the pair exited a New Zealand court. The Authority noted that the children’s interests standard is designed to protect children when viewing and listening to broadcasts. Complaints about children featured in broadcasts are more appropriately dealt with under other standards. In any event, there was no material in this item that might have adversely affected child viewers....

Decisions
Smith and MediaWorks TV Ltd - 2020-016 (14 July 2020)
2020-016

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....

Decisions
Harvey and Lorck and MediaWorks TV Ltd - 2018-036 (24 August 2018)
2018-036

Summary[This summary does not form part of the decision. ]Over two evenings, on 20 and 21 January 2018, Newshub reported on the delayed launch of a rocket from the Māhia Peninsula, due to a boat being in the exclusion zone around the launch site. The first item strongly implied that Hastings District Councillor Damon Harvey was responsible for the delayed launch, referring to a tweet, featuring a photo of the launch site, that the reporter said was tweeted by Mr Harvey ‘around the same time’ as the launch delay. The second item included a short comment from an interview with Mr Harvey. The Authority found parts of these broadcasts were inaccurate and misleading, and were unfair to Mr Harvey....

Decisions
Edwards and MediaWorks TV Ltd - 2017-050 (4 September 2017)
2017-050

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....

Decisions
McCaughan and MediaWorks TV Ltd - 2016-062 (2 December 2016)
2016-062

Summary[This summary does not form part of the decision. ]During three items on Newshub, interviewees used potentially offensive language, including ‘piece of piss’ and ‘shit’. The Authority did not uphold a complaint that multiple instances of allegedly ‘foul language’ during a news programme were unacceptable. The Authority emphasised that the expressions reflected the interviewee’s choice of language to convey their response to the issues discussed, and were not abusive or directed at any individual. The Authority recognised that in our diverse New Zealand society, people may communicate using different kinds of language, and this will usually be acceptable so long as standards are maintained. In the context of a news programme aimed at adults, and items which carried relatively high value in terms of public interest and freedom of expression, the Authority was satisfied that the language would be unlikely to cause widespread undue offence among the general audience....

Decisions
McDonald and Mediaworks TV Ltd - 2019-076 (4 February 2020)
2019-076

The Authority declined to determine a complaint about a news item featuring an eleven year old boy who won a trip to go to a Rugby World Cup 2019 game in Japan with Richie McCaw. The Authority was unable to identify any elements in the broadcast that would raise any concerns under the standards raised. The Authority declined to determine the complaint on the basis it was frivolous and trivial.   Decline to determine: Good Taste and Decency, Children’s Interests, Violence, Alcohol, Accuracy...

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
Drinnan and MediaWorks TV Ltd - 2020-100 (14 September 2020)
2020-100

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

Decisions
Stewart and Discovery NZ Ltd - 2021-062 (6 September 2021)
2021-062

The Authority has declined to determine a complaint about the introduction to a news item on New Zealand Rugby which used the terms ‘blasted’ and ‘bombshell’ immediately after an item reporting on violence in Gaza. The Authority considered that the complaint raised issues which were editorial decisions not properly addressed by broadcasting standards, so should not be determined by the Authority. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act)...

Decisions
Egan and Discovery NZ Ltd - 2021-002 (2 June 2021)
2021-002

The Authority has not upheld a complaint about an interview on Newshub Nation, featuring electrical engineer and Pike River Mine researcher, Richard Healey. Mr Healey commented on his claims of ‘new crucial evidence’ the miners could have survived the explosions and of the existence of a pipeline which could be used to recover more evidence. The complaint alleged Mr Healey’s claims were speculative and unsupported by evidence, were not challenged by the host and caused emotional harm to the victims’ families. The Authority acknowledged the sensitivity of the matters discussed, which also carried a high degree of public interest. It found the broadcast clearly presented Mr Healey’s claims as one theory and from a particular perspective. The wide range of information and coverage available over a long period of time since the original events reduced any risk of viewers being misled or significantly misinformed....

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