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Decisions
Morgan and Discovery NZ Ltd - 2022-035 (30 May 2022)
2022-035

The Authority upheld a complaint the broadcast of the crime-drama Believe Me: The Abduction of Lisa McVey, classified ‘M’, on Bravo at 7. 30pm breached the children’s interests standard. The Authority found the movie was inappropriately classified, precluding viewers from making informed choices for their, and their children’s, viewing. The movie dealt with strong adult themes, including sexual violence, and contained distressing scenes outside the ‘M’ classification. The Authority acknowledged the broadcaster’s steps in informing viewer choice, but found the movie should have been classified as ‘16’, requiring a later broadcast time of 8. 30pm. Upheld: Children’s Interests No Order...

Decisions
Ryan and Television New Zealand Ltd - 2023-026 (14 June 2023)
2023-026

The Authority has not upheld a complaint that a promo for Love Triangle that aired during an episode of Treasure Island: Fans v Faves at around 8pm breached the offensive and disturbing content, and children’s interests standards. The Authority found that while the programme Love Triangle was rated 16-L, and Treasure Island: Fans v Faves was rated PG-L, the editing of the promo meant it was appropriate for the rating of the host programme and the timeslot. On this basis the promo would not have caused widespread undue offence, or harm to children in the audience justifying regulatory intervention. Not Upheld: Offensive and Disturbing Content, Children’s Interests...

Decisions
Dandy and Sky Network Television Limited - 2023-055 (3 October 2023)
2023-055

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...

Decisions
Radford and Television New Zealand Ltd - 2023-014 (28 June 2023)
2023-014

The Authority has upheld a complaint that an episode of wildlife documentary series Our Big Blue Backyard, classified ‘G’ and broadcast on TVNZ 1 at 7. 30pm, breached the children’s interests standard. This was on the basis the episode should have instead been rated ‘PG’, to signpost to parents or caregivers that supervision was recommended for younger viewers. The episode featured a scene where a female bottlenose dolphin was pursued, trapped and mated with by a group of male bottlenose dolphins. The Authority found the scene went beyond audience expectations of the programme’s ‘G’ rating as it featured mature themes, graphic images, and was dramatised in such a way that it may have been alarming or distressing for any children watching, and required adult supervision and guidance. Upheld: Children’s Interests No Order...

Decisions
Watkins & Yardley and Radio New Zealand Ltd - 2022-142 (12 April 2023)
2022-142

The Authority has not upheld two complaints about an interview on Morning Report with Sue Grey, lawyer for the parents of a baby whose urgent heart surgery had been delayed due to the parents’ concerns regarding blood from donors vaccinated against COVID-19. The essence of the complaints was that the host did not listen to Grey, constantly interrupted her, did not allow her to answer the questions, and pushed his personal views. The Authority found the interview did not go beyond the level of robust scrutiny that could reasonably be expected in an interview with Grey on this subject, noting in particular that Grey was making claims contrary to public health advice, and was able to put forward key points in the course of the eight-minute interview. Therefore the broadcast overall did not result in any unfairness to Grey....

Decisions
Judge and Television New Zealand Ltd - 2020-108 (21 December 2020)
2020-108

The Authority has not upheld a complaint about an episode of New Zealand Hunter Adventures featuring two groups of duck shooters in New Zealand. The episode included footage of people, including young people, using firearms, shooting ducks, celebrating successful shots, holding and plucking dead ducks, and showcasing hunting gear and equipment. Taking into account the relevant contextual factors including the programme’s classification, target audience and audience expectations, the broadcast did not breach the good taste and decency, children’s interests or violence standard. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Decisions
O’Hagan and MediaWorks Radio Ltd - 2021-136 (25 January 2022)
2021-136

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...

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
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
Dawson and MediaWorks TV Ltd - 2020-098 (9 December 2020)
2020-098

The Authority has not upheld a complaint about an item during the sports segment of the news showing an Ultimate Fighting Championship fight and one of the competitor’s injuries after the fight. The item was brief, and in the context of an unclassified sports news segment, within audience expectations. Viewers would have had sufficient information to exercise choice and control. Not Upheld: Children’s Interests, Violence...

Decisions
Tuck and NZME Radio Ltd - 2024-024 (22 May 2024)
2024-024

The Authority has not upheld a complaint that a segment of Fletch, Vaughan and Hayley discussing Ministry of Education guidelines for relationships and sexuality education breached the children’s interests standard. As part of the segment, the hosts indicated they wanted to talk about ‘the wild things that you were taught at sex ed. ’ The complainant considered the segment, which featured discussion of genitalia and how to use condoms, was inappropriate to air in the morning when parents were taking their children to school. The Authority found the segment was within audience expectations for the programme and the radio station, ZM, and the nature of the upcoming discussion was sufficiently signposted to allow parents or caregivers to exercise discretion over their children’s listening....

Decisions
Greig and Television New Zealand Ltd - 2023-060 (3 October 2023)
2023-060

The Authority has not upheld a complaint that broadcasting the film Jason Bourne at 7. 30pm breached the offensive and disturbing content and children’s interests standards, due to violent opening scenes. The Authority found the scenes did not feature violence exceeding the film’s ‘MV’ rating (suitable for mature audiences 16 years and over and containing violence that might offend viewers) and was therefore suitable to be broadcast at 7. 30pm, during children’s normally accepted viewing times. Further, the broadcaster had sufficiently signposted the nature of the programme, by showing the classification and advisory before the film started, and again after every ad break. Parents and caregivers were therefore adequately apprised of the nature of the film in order to make informed viewing choices for children in their care....

Decisions
Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

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
Francis and Television New Zealand Ltd - 2021-045 (6 September 2021)
2021-045

The Authority did not uphold a complaint under the good taste and decency and children’s interests standards about an item on 1 News reporting live from Wellington amid protests against increasing rates of sexual violence, which showed a protest sign in the background reading ‘Don’t fuckin’ touch me’. Although some viewers may have been surprised by this, the Authority found overall the potential harm did not outweigh freedom of expression. The Authority took into account: the high public interest in the item; the sign was partially obscured for half of the item; the word complained about was not spoken; and the broadcaster had limited editorial control over the public’s actions during a live cross to the reporter. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Quirke and Discovery NZ Ltd - 2021-094 (27 October 2021)
2021-094

The Authority has not upheld a complaint about the promo for Hustlers which was broadcast during the movie Minions. The promo did not breach the good taste and decency or children’s interests standards as it was consistent with the PG classification for Minions. Child viewers were unlikely to understand the adult themes, and the promo did not contain nudity or explicit sexual content. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Keane and Radio New Zealand Ltd - 2017-054 (9 August 2017)
2017-054

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview with the manager of teacher practice at the Education Council. The interview discussed the Council’s drug testing of teachers and its ‘zero tolerance’ approach to cannabis use, and referred to a recent finding of misconduct against a New Zealand teacher who refused to undergo a drug test. The Authority did not uphold a complaint that the item ‘pushed’ marijuana use by teachers. The item did not promote the use of illegal drugs or condone the behaviour of the teacher referred to. Rather, it offered a robust examination of the Council’s methods of drug testing teachers and its ‘zero tolerance’ approach to cannabis use. In this context the item did not encourage listeners to use illegal drugs or otherwise undermine law and order....

Decisions
Alexander and Discovery NZ Ltd - 2023-076 (29 November 2023)
2023-076

An item on Paddy Gower Has Issues investigated the predator control of feral cats, and discussed whether or not feral cats should be included in the Predator Free 2050 strategy. The broadcast included footage of feral cats being trapped and shot, and people carrying, and holding up the carcasses. The Authority did not uphold the complaint the broadcast breached multiple standards, finding relevant footage was clearly signposted by the host, who provided two warnings to viewers about the content. Viewers were therefore given a reasonable opportunity to make a different viewing choice for themselves or children in their care. The footage depicted no undue cruelty or suffering, and while some viewers may have found it unpleasant to watch, the broadcast of hunting and pest control footage is generally acceptable in New Zealand provided it does not depict undue cruelty....

Decisions
Mitchell and NZME Radio Ltd - 2022-028 (21 June 2022)
2022-028

The Authority has not upheld a complaint that comments made by the hosts of The Big Show about touching their testicles when they were nervous and a school speech titled ‘The Dilworth Way’ breached the good taste and decency and children’s interests standards. The Authority found the comments were within audience expectations for the programme and the radio station, Radio Hauraki. In the context the hosts’ conversation was unlikely to cause widespread offence or adversely affect any children who happened to be listening (although they were not the target audience). Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Barclay and Radio New Zealand Ltd - 2019-003 (20 May 2019)
2019-003

The Authority has not upheld a complaint that an interviewee’s language, broadcast during an item on Morning Report on 10 December 2018, was violent and inappropriate. The item reported on the declining memberships of sports clubs in New Zealand and featured an interview with the Club Captain of a tennis club. The interviewee commented that the tennis courts were so empty ‘you could… fire a machine gun and hit no one. ’ The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the comment made by the interviewee was brief, was not overly graphic or targeted at a particular individual or group, and was not intended to be taken literally....

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