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The Authority has not upheld a complaint that it was inaccurate for a news item to include footage which allegedly featured a ‘crisis actor’. The Authority found that whether or not the footage was propaganda as claimed by the complainant, its inclusion would not have materially affected the audience’s understanding of the item overall. Not Upheld: Accuracy...

The Authority1 has not upheld a complaint an item on Prime News, reporting on reactions to comments made by ACT Party Leader David Seymour on the Ministry for Pacific Peoples, as well as an incident where two men went to the Ministry and filmed staff while asking about expenditure, breached the accuracy standard. The complainant considered the broadcast breached the standard as it gave the misleading impression that two men had threatened staff at the Ministry as a result of Seymour’s statements, and it was inaccurate to suggest the men ‘threatened’ staff when ‘they only filmed staff while asking about spending’. The Authority agreed the broadcast’s introduction could have given the impression the two men went to the Ministry as a direct result of Seymour’s comments (when this occurred prior)....

The Authority has not upheld a complaint concerning an election programme for the National Party. The complainant considered the programme’s reference to delivering tax relief was misleading as the Party’s policy of ‘tax cuts for the majority of families…[has] been proven to be incorrect by independent economists’. The Authority considered viewers would have understood the statement to be advocacy or opinion rather than fact, encouraging the public to vote for National, and the relevant statement reflected National Party policy; it is not a quantified promise, a guarantee, or a statement of fact. Not Upheld: E1: Election Programmes Subject to Other Standards (Accuracy), E2: Election Programme Advocacy – Distinguishing Factual Information from Opinion or Advocacy...

The Authority has not upheld a complaint that the broadcast of UFC 286 Prelims Live on Prime between 8am and 10am, and re-broadcast on Prime+1 between 9am and 11am, breached the offensive and disturbing content and children’s interests standards. The complainant considered the broadcast of mixed martial arts (MMA) fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised. The Authority found, taking into account the context, including that UFC 286 Prelims Live was; an unclassified live sports broadcast; preceded by a warning that it would feature live MMA and would contain content that viewers may find distressing; had an adult target audience; and had a buffer of programmes unlikely to be of interest to children, the broadcast did not breach the nominated standards. Not Upheld: Offensive and Disturbing Content, Children’s Interests...

The Authority has not upheld a complaint about an election advertisement for the Labour Party which included questions on possible funding cuts a National-led government might make. The complaint was that these statements were an inaccurate portrayal of National’s proposed cuts. The Authority found the statements were clearly questions and advocacy promoting the Labour Party, rather than statements of fact, and that viewers were unlikely to be misled. The harm alleged was not sufficient to outweigh the importance of freedom of expression and free political speech in the lead up to the general election, or to justify regulatory intervention. Standard E4: Misleading Programmes did not apply. Not Upheld: E1: Election Programmes Subject to Other Code (Accuracy), E4: Misleading Programmes...

The Authority has not upheld two complaints about Prime News’ coverage of King Charles’ coronation on 1 and 2 May 2023. The complainant alleged the first broadcast was unbalanced as it only included interviews with people who were opposed to the idea of the public being asked to participate in a pledge of allegiance to the King. They further considered the second broadcast was inaccurate as the reporter did not back up their introductory statement ‘Love him or loathe him, in London right now, you can't escape him’ with evidence that people did loathe King Charles, and described a souvenir of the King ‘as a clown’....

The Authority has upheld one aspect of a privacy complaint regarding an episode of A Question of Justice which contained sensitive and traumatic photos of the complainant. The programme contained a re-enactment of an assault on the complainant in 2008, and showed photos of the complainant in hospital with extensive injuries and in a state of undress. The Authority found that while the photos had previously been broadcast in 2009, the sensitive surrounding circumstances and traumatic nature of the photos, combined with the passage of time since they had last been made public, meant the photos had become private again (especially since the complainant had no prior knowledge of this broadcast)....

The Authority has not upheld a complaint alleging the comment ‘Australia mugs the Black Caps’ breached the fairness, discrimination and denigration, and balance standards. The comment was typical of sports commentary and was not unfair to the Australian cricket team. As it was directed at the Australian cricket team, rather than a particular section of the community, the discrimination and denigration standard did not apply. The balance standard also did not apply. Not Upheld: Fairness, Discrimination and Denigration, Balance...

The Authority has not upheld a complaint alleging comments made by commentators during a golf tournament breached the law and order standard. While discussing the difficulty of the course, a commentator suggested ‘Charles Manson put this [pin position] in! ’ Later in the tournament, the commentator said, ‘whoever set that flag, I can just picture him in his room at night catching flies and pulling the wings off them and watching them suffer’. The Authority found this would not have encouraged, promoted or glamorised illegal or anti-social behaviour in breach of the standard. Not Upheld: Law and Order...

An item on Prime News inadvertently contained an uncensored image of the word ‘cunt’. The Authority has not upheld a complaint alleging the action taken by the broadcaster in response to this error was insufficient. The broadcaster upheld the complaint under the good taste and decency standard and took steps to address the error with its news producers. The broadcaster also apologised to the complainant. Not Upheld: Good Taste and Decency (Action Taken)...

During the coverage of the 2020 Tokyo Olympics, host Goran Paladin provided pre- and post-match comments for the boxing match between David Nyika and Uladzislau Smiahlikau. The Authority did not uphold a complaint alleging the broadcast breached the good taste and decency standard due to the host mispronouncing and mocking Uladzislau Smiahlikau’s name. The Authority was satisfied the comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

The Authority has not upheld a complaint that footage of spectators fighting during the half-time of the EURO 2020 final breached the violence standard. The Authority found the broadcast was justified by its context. Live sporting events are not subject to classification. The item was a live international feed where the broadcaster had limited editorial control, the content was not particularly graphic and the commentators indicated their disapproval of the violence. Not Upheld: Violence...

The Authority has not upheld a complaint alleging sports commentary of the ICC World Test Championship final breached the discrimination and denigration standard. The comments ‘it's a story that's akin to David versus Goliath…and living proof that sometimes, just sometimes, nice guys do finish first’ did not refer to a particular section of the community as contemplated by the standard. In any event, it was typical of sports commentary and did not have a prejudicial meaning. Not Upheld: Discrimination and Denigration...

Warning: This decision contains language that some readers may find offensive. The Authority has upheld a complaint that the frequent use of ‘fuck’ (and variations) during A Life on the Road breached the good taste and decency standard. The episode featured Brian Johnson of AC/DC talking to Lars Ulrich of Metallica about touring in the early 90s, along with footage from the tours and interviews with Metallica crew and fans. It was broadcast at 12pm with a ‘PGL’ rating (Parental Guidance; language may offend). The Authority found this did not provide sufficient reliable information to signpost the level and frequency of language in the programme and did not give the audience an adequate opportunity to exercise choice and control – meaning they were more likely to be surprised and offended by the content....

The Authority has not upheld two complaints that a promo for the ASB Women’s Classic tennis competition was in breach of the good taste and decency and discrimination and denigration standards of the Pay Television Code of Broadcasting Practice. The promo depicted a tennis player’s skirt flying up in a brief action shot of her hitting the ball. While acknowledging the potential effect of repeatedly viewing this clip, the Authority found that ultimately the clip was not likely to undermine current norms of good taste and decency and did not contain the high level of condemnation or malice necessary to find a breach of the discrimination and denigration standard. The broadcaster provided an explanation for the selection of the clip and the Authority was satisfied that the promo would not cause harm at a level justifying regulatory intervention. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

In an episode of Rugby Nation, commentator Tony Johnson made a reference to Israel Folau using the phrase ‘the F word’. The Authority has not upheld a complaint that this breached the discrimination and denigration standard. The complainant argued that the broadcast was harmful to Mr and Mrs Folau. However, as two individuals they are not a recognised section of the community as required by the standard. The discrimination and denigration standard therefore did not apply. The Authority declined to imply the good taste and decency or fairness standards into the complaint on the basis that the original complaint did not raise arguments consistent with an alleged breach of those standards. Not Upheld: Discrimination and Denigration...

The Authority upheld complaints that the broadcast of potentially offensive language in two episodes of Inside the Red Arrows breached the good taste and decency and children’s interests standards. The complainant made separate complaints about each episode. The broadcaster did not respond within the required 20 working day statutory timeframe, although once the complaint was referred to the Authority, it responded to Mr Francis advising that his complaint about the first episode was upheld. It later advised the Authority that the second complaint was also upheld. Upon considering the substance of the complaints, the Authority recognised the value of the documentary series, however, it found that as the episodes were broadcast at 7. 30pm, which is a time that children may be watching, and they were not preceded by any warning for language, the broadcasts breached the good taste and decency and children’s interests standards....

The Authority found it had no jurisdiction to determine a complaint about the movie Overlord as the complaint to the broadcaster did not amount to an allegation that the programme was in breach of broadcasting standards. The Authority found that the broadcaster did not have to accept this as a valid formal complaint, on the grounds the complaint was about the storyline and genre, rather than an allegation that the programme was in breach of broadcasting standards. Declined jurisdiction...

The Authority has upheld a complaint that two episodes of The Box Seat breached the accuracy and balance standards of the Pay TV Code of Broadcasting Standards. The Authority found that the segments about blood spinning in harness racing covered a controversial issue of public importance but failed to include balancing views on the issue being discussed or indicate that the programmes were presented from a specific perspective. The Authority also found that, although the broadcasts did not contain any specific factual inaccuracies, the omission of alternative perspectives and information on the safety and propriety of blood spinning meant that the broadcast was misleading as a whole. The Authority did not uphold the complaint under the fairness standard. The Authority considered the publication of this decision sufficient to censure the breach of standards by the broadcaster and made no orders. Upheld: Balance, Accuracy. Not upheld: Fairness. No orders...