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Decisions
New Zealand Fire Service and MediaWorks TV Ltd - 2016-017 (18 November 2016)
2016-017

Summary[This summary does not form part of the decision. ]An episode of 3D investigated alleged bullying within the New Zealand Fire Service, particularly within volunteer brigades. The episode relied in part on testimony from particular individuals who alleged they had been victims of bullying, and in part on a report, which purported to identify bullying as a significant problem within NZFS. NZFS challenged the credibility of the report and argued that the programme breached the accuracy, fairness and balance standards. The Authority did not uphold the complaint. It found that the programme clearly stated there were questions about the status of the report – which in any event only formed part of the basis of the story – so viewers would not have been misled....

Decisions
Crow and MediaWorks TV Ltd - 2020-021 (21 July 2020)
2020-021

The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...

Decisions
Basham and MediaWorks TV Ltd - 2017-061 (21 September 2017)
2017-061

Summary[This summary does not form part of the decision. ]An item on The Project interviewed Muslims in New Zealand about their views on Islamic extremism. The item featured a short excerpt of a phone interview with the complainant, who considers himself an ex-Muslim. The presenter said that the ‘stigma of Islamic extremism’ was ‘enough for him [the complainant] to turn on his own religion’. In the sound clip played the complainant said: ‘I changed my first name from Mohammad to Cyrus. I just don’t want to be related to Islam anymore’. The Authority did not uphold a complaint from Mr Basham that this excerpt was misleading, by misrepresenting his reasons for leaving Islam....

Decisions
Butler and MediaWorks TV Ltd - 2014-044
2014-044

Summary [This summary does not form part of the decision. ] Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi settlement with the government. The Authority did not uphold the complaint that the item was inaccurate and unbalanced because it misrepresented Ngāpuhi’s economic situation and historical land loss. This was a human interest piece framed from the perspective of John Campbell, and largely comprising the personal opinions and experiences of the people he visited. The community was the focus, not the settlement, and viewers would not have been misled in this context. Not Upheld: Controversial Issues, Accuracy Introduction [1] Campbell Live’s presenter travelled to Northland to gain a better understanding of Ngāpuhi people and their lifestyle in light of an upcoming Treaty of Waitangi (Treaty) settlement with the government....

Decisions
Right To Life New Zealand and Mediaworks TV Ltd – 2019-041 (17 September 2019)
2019-041

A complaint that a segment on The Project which discussed the delay in abortion legislative reform and the current process for obtaining a legal abortion in New Zealand was discriminatory, unbalanced and misleading was not upheld. The Authority found that the item did not breach the discrimination and denigration standard as people who are opposed to this reform and ‘the unborn’ do not amount to recognised sections of the community for the purposes of the standard. The Authority also found the item clearly approached this topic from a particular perspective and that viewers could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Discrimination and Denigration, Balance, Accuracy...

Decisions
O'Brien and Mediaworks - 2020-062 (28 September 2020)
2020-062

The Authority has not upheld a complaint that visually displaying the word ‘dickhead’ onscreen during a Newshub item breached the good taste and decency standard. The Authority considered that in the context of the item, which canvassed public opinion towards Simon Bridges, the visual depiction of the word ‘dickhead’ would not have caused widespread undue offence, or distress, and would not have undermined widely shared community values. Not Upheld: Good Taste and Decency...

Decisions
Lee and MediaWorks TV Ltd - 2016-044 (14 October 2016)
2016-044

Summary[This summary does not form part of the decision. ]An episode of The Nation discussed whether colonial figures were still worthy of commemoration, particularly when their actions were re-evaluated against 21st century values. An edited version of the report also appeared on Newshub. Both items featured excerpts from an interview with historian, Dr Jock Phillips, who provided comments on a South Auckland memorial to Colonel Marmaduke Nixon. Dr Phillips described Colonel Nixon’s involvement in events that occurred at Rangiaowhia in 1864 as ‘an appalling act of genocide’ and ‘a terrible atrocity’. The Authority did not uphold a complaint that the items lacked balance and were inaccurate. The items did not purport to provide a comprehensive examination of what occurred at Rangiaowhia....

Decisions
Davidge and Mediaworks TV Ltd - 2020-068 (24 November 2020)
2020-068

The Authority has not upheld a complaint about a segment on The Project, in which host (and comedian) Jeremy Corbett compared the time then National Party Leader Todd Muller and Canadian Prime Minister Justin Trudeau spent thinking before responding to a question about whether US President Donald Trump is racist. The complaint was that the segment breached broadcasting standards by implying Mr Muller ‘failed’ by answering the question too soon and by comparing Mr Trudeau with Mr Muller rather than Prime Minister Jacinda Ardern. The segment was clearly intended to be comical rather than a serious political commentary. In that context it would not have misled viewers and did not trigger the requirements of the balance standard. Nor was the item unfair to Mr Muller who, as then Leader of the Opposition, could reasonably expect to be the subject of media coverage and commentary, including satirical commentary....

Decisions
Wiseman and MediaWorks TV Ltd - 2015-039
2015-039

Summary[This summary does not form part of the decision. ]During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. The Authority did not uphold a complaint that the use of 'twat' was inappropriate for a breakfast show. The comment was within audience expectations of the host's well-known style of presentation and humour, and unlikely to disturb or offend a significant number of viewers in the context of a news and current affairs programme aimed at adults. Not Upheld: Good Taste and DecencyIntroduction[1] During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. [2] Iain Wiseman complained that the use of the word 'twat' was inappropriate for a breakfast show when children were likely to be watching....

Decisions
Grieve and MediaWorks TV Ltd - 2016-019 (25 July 2016)
2016-019

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

Decisions
Grieve and MediaWorks TV Ltd - 2014-145
2014-145

Summary [This summary does not form part of the decision] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election. The presenter made comments about ACT's law and order policies and Mr Whyte's views on incest and polygamy. The Authority declined to uphold the complaint that the broadcast inaccurately described ACT's policies and Mr Whyte's views, and as such was unfair to ACT and Mr Whyte. The broadcaster made reasonable efforts to ensure that the item was accurate, and the comments were not unfair in the context of a robust election environment. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election....

Decisions
Boyce and MediaWorks TV Ltd - 2017-087 (15 December 2017)
2017-087

Summary [This summary does not form part of the decision. ] An item on The Project featured an interview with a ‘political consultant and former National [Party] staffer’. The interviewee provided her perspective on why the National Party received more votes than the Labour Party in the 2017 General Election and the disparity between the election result and poll results prior to the election. The Authority did not uphold a complaint that the broadcaster’s choice of political commentator was biased and the programme was misleading by suggesting she was an ‘independent political commentator’. The introduction to the segment did not imply that the interviewee was an independent political commentator, but clearly referred to her as a former National Party staffer. As such it created an audience expectation that the interview would be approaching the topic of National’s initial electoral success from a particular perspective....

Decisions
South Waikato District Council and MediaWorks TV Ltd - 2018-022 (10 August 2018)
2018-022

Summary[This summary does not form part of the decision. ]An item on The Project discussed the building of a new gambling venue in Tokoroa set to contain 30 gambling machines (‘pokies’). The segment was critical of the South Waikato District Council’s (SWDC) role in the authorisation of this new venue, and also one of the Councillors’ roles as both a Councillor and manager of one of the clubs involved in the creation of the proposed new venue. The following evening one of the programme hosts issued an on-air apology to the Councillor, clarifying inaccurate statements made about their involvement in the decision-making process. The Authority upheld SWDC’s complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. The Authority found that the statement the following night did not remedy the harm caused to SWDC by the broadcast, only the Councillor....

Decisions
Reekie and MediaWorks TV Ltd - 2019-017 (18 July 2019)
2019-017

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...

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
Kuten and MediaWorks TV Ltd - 2016-081 (15 December 2016)
2016-081

Summary[This summary does not form part of the decision. ]An item on Story opened with the news that Air Chathams had recently launched a new flight route from Auckland to Whanganui, following Air New Zealand’s announcement that it would discontinue its flights to the city. The item featured a reporter who visited Whanganui and spoke with the Mayor, residents and business-owners about their experiences and the good and the bad side of living and working in Whanganui. The Authority did not uphold a complaint that this item was unbalanced, inaccurate and unfairly portrayed Whanganui and its residents. The introduction to the item was a parody of a popular, long-running Lemon and Paeroa television advertisement, which most viewers would have recognised, and while some of the reporter’s comments were critical of Whanganui, these were balanced with many positive comments made by residents and the item’s presenters....

Decisions
Woods and MediaWorks TV Ltd - 2015-062 (1 December 2015)
2015-062

Summary[This summary does not form part of the decision. ]A 3 News item reported on Labour Party leader Andrew Little’s response to questions about his party’s use of data allegedly showing the percentage of offshore Chinese home-buyers in Auckland. The Authority did not uphold a complaint that the item lacked balance because it was dominated by the political editor’s point of view. The item included balancing comment from both Mr Little and Labour Housing Spokesman Phil Twyford and it would have been clear to viewers that the political editor was giving his own robust commentary and analysis of the issue. Not Upheld: Controversial IssuesIntroduction[1] A 3 News item reported on Labour Party leader Andrew Little’s response to questions about his party’s use of real estate data allegedly showing the percentage of offshore Chinese home-buyers in Auckland....

Decisions
WS and MediaWorks TV Ltd - 2014-100
2014-100

Summary [This summary does not form part of the decision. ] An item on 3rd Degree contained an interview with a man who was involved in a family feud over the provisions of his mother's will. The man described the legal battle with his brothers, and the item showed two old photographs of the brothers, one of whom was WS. The Authority upheld the complaint that WS' privacy was breached as he had not consented to having his image shown in the programme. Upheld: Privacy Order: Section 13(1)(d) $1,500 compensation to the complainant for breach of privacy Introduction [1] An item on 3rd Degree looked at the consequences of not writing a will or having a will contested. It contained an interview with a man, X, who was involved in a family feud over the provisions of his mother's will....

Decisions
Clapham and Mediaworks TV Ltd - 2018-089 (18 December 2018)
2018-089

Summary[This summary does not form part of the decision. ]During a segment of The Project, the presenters discussed whether it was illegal to wear headphones while driving. One of the presenters, a well-known New Zealand comedian, said that he wore headphones while driving ‘because it drowns out the sound of the seatbelt warning’. The Authority did not uphold a complaint that the presenter’s comment trivialised an important road safety issue. The segment as a whole carried a positive road safety message, with the presenters sharing their surprise that wearing headphones while driving was not illegal in New Zealand (though distracted drivers could still be charged with careless driving). The comment was clearly intended to be humorous and the reactions of the other presenters balanced the comment and signalled to viewers that wearing your seatbelt was important....

Decisions
Boyce and MediaWorks TV Ltd - 2015-103 (14 April 2016)
2015-103

Summary[This summary does not form part of the decision. ]Two episodes of Story featured items about self-described ‘professional political campaigner’ Simon Lusk. In the first item, presenter Duncan Garner was shown hunting with Mr Lusk, and Mr Lusk apparently shot two deer. Excerpts of political figures being interviewed about their involvement with Mr Lusk, and of Mr Lusk discussing such involvement, were shown throughout the items. The Authority did not uphold a complaint alleging that the items were in breach of multiple broadcasting standards for the way Mr Lusk’s involvement in politics was reported and for featuring footage of deer hunting. The footage of the deer hunting was not so graphic or gratuitous that it would have offended a significant number of viewers, including child viewers....

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