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Complaint under section 8(1)(a) of the Broadcasting Act 1989Rove – promo – screened during Joan of Arcadia at about 8. 15pm – focused on pronunciation of “whaka” as ”far car” – allegedly offensive and unsuitable for childrenFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – suitable in PGR time slot – host programme rated PGR – not upheld. This headnote does not form part of the decision. Broadcast [1] A promo for Rove was broadcast on TV3 at about 8. 15pm on 20 March 2005 during the screening of Joan of Arcadia. In the promo, the host Rove McManus commented on the phonetics of the word “whaka”. He referred to a Maori phrasebook which explained that the correct pronunciation of “whaka” was “far car”....

Chair Joanne Morris declared a conflict of interest and did not take part in the decision. Complaint under section 8(1)(c) of the Broadcasting Act 198920/20 – “Ticking Time Bomb” – reported that Phillip Edwards, who had been charged with the murder of David McNee and convicted of manslaughter, had previously been implicated in an attack on another man – police did not prosecute – other man’s name disclosed – alleged breach of privacy Findings Standard 3 (privacy) – Privacy Principles iii), v), and vi) – no unjustified invasion of man’s privacy - man’s name disclosed as aspect of current affairs item – not upheld This headnote does not form part of the decision. Broadcast[1] A 20/20 item, “Ticking Time Bomb”, revealed that Phillip Edwards, who was arrested for the murder of television celebrity David McNee, had earlier been implicated in an attack on another man....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item entitled “Fair Game” explored the question of whether fish feel pain – focussed on big game fishing – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – significant viewpoints presented – not upheld Standard 5 (accuracy) – item was not inaccurate on points of fact – not upheld Standard 6 (fairness) – not unfair to deep-sea fishermen – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 18 October 2004, was entitled “Fair Game” and explored the question of whether fish feel pain. The item centred on big game fishing and the introduction said: Bullfighting, cock fighting, bear baiting. Some cultures have delighted in prolonging the torment of animals, under the guise of some sort of noble contest....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA teenager who was reported in a 3 News item as “believed” to have died in a Christchurch house fire (which killed her father, her father’s wife, her grandmother and a boarder), complained that the item was inaccurate, and had “shocked, upset and angered” many of those who knew her. She claimed the item was also unfair, and breached her father’s privacy as well as her own. The Broadcaster’s ResponseCanWest argued that the item was accurate because the report said the identities of the four dead were “believed to be 58-year-old Japanese immigrant Junichi Tomonaga and his wife, his teenage daughter and his mother or mother-in-law”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989CSI Miami – series about crime scene investigation team – episode about a man who had been murdered and tied to his bed after having been sexually assaulted – allegedly contrary to children’s interestsFindings Standard 9 (children’s interests) – programme in Adults Only timeband – preceded by warning – established programme with established format – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of CSI Miami screened on TV3 at 8. 30pm on 16 July 2004. The series centred around a crime scene investigation team in Miami. [2] In the first few minutes of the programme, the crime scene investigation team entered a deceased man’s house to find him tied to his bed and covered with a blanket....

Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – item reporting that 17-month-old girl had suffered head injuries at a Christchurch home – showed street name and number of house – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant did not identify an individual whose privacy was allegedly breached – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 26 October 2006, reported that a 17-month-old girl had been flown to Starship Hospital after she had suffered serious head injuries while visiting a Christchurch home. It said that police were investigating how the injuries had occurred, and whether they were accidental or intentional. The reporter referred to the name of the street where the home was located, and the street sign was shown....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item about the forthcoming South Park “Bloody Mary” episode – item’s introduction included references to religious and cultural beliefs and to media freedom, and showed the alcoholic drink called a “Bloody Mary” – allegedly compared menstrual blood with a cocktail in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – introduction simply a play on words – not upheldThis headnote does not form part of the decision. Broadcast [1] The debate about the forthcoming screening of the South Park “Bloody Mary” episode was dealt with in an item broadcast on TV3’s Campbell Live at 7. 00pm on 20 February 2006. The introduction began: "Tonight the Catholic Church, media freedom, South Park¸ and the episode that dare not speak its name. For our adult viewers, here's a clue. What's this vodka-based drink called?...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 60 Minutes – item reporting on the reaction to the proposed Civil Union Bill before Parliament – allegedly unbalancedFindingsStandard 4 (balance) – broadcaster made reasonable efforts to present significant points of view – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on 60 Minutes entitled “Union Trouble” was broadcast on TV3 on 23 August 2004 at 7. 30pm. The focus of this segment was the reaction of various groups to the proposed Civil Union Bill. [2] The broadcast included interviews with the Pastor of the Destiny Church, a gay couple, a lesbian Presbyterian Minister and the managing director of the Maxim Institute. Complaints [3] Rachel Trimble complained to CanWest TVWorks Ltd, the broadcaster, that the 60 Minutes programme was neither balanced nor impartial....

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item on 13 June about a 12-year-old Palestinian girl after six members of her family were killed by a shell on a Gaza beach – item suggested that shell was Israeli which had been fired in response to homemade rockets fired from Gaza – allegedly inaccurate for using falsified footage3 News – item on 14 June reported conflicting claims about who was responsible for the killing on the Gaza beach – denied by Israeli Defence Force (IDF) but Human Rights Watch said Israel was responsible – also included footage of another Israeli shell fired into Gaza which killed militants and innocent bystanders – allegedly unbalanced as it did not include evidence released by IDFFindingsStandard 4 (balance) – significant views advanced about controversial issue of public importance – not upheld Standard 5 (accuracy) – no evidence that falsified footage used –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sports Tonight – reporter interviewing supermarket staff and patrons – ate a lolly from one of the bulk bins – allegedly in breach of law and orderFindings Standard 2 (law and order) – light-hearted prank – viewers not encouraged to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Sports Tonight broadcast on TV3 at 11. 15pm on 11 March 2005 featured a reporter interviewing supermarket staff and patrons about sports trivia. During the segment, the reporter ate a lolly from one of the bulk bins. Complaint [2] Stephen Ross complained to CanWest TVWorks Limited, the broadcaster, that the actions of the reporter had amounted to theft under the Crimes Act 1961. By broadcasting the item to “the easily influenced public”, he contended, CanWest had endorsed the reporter’s actions....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – video footage of Kenneth Bigley, a British hostage in Iraq, shackled in a cage pleading for help from the British Government – alleged breach of privacy Findings Standard 3 (Privacy) and Guideline 3a – broadcast was in the public interest – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at 6pm on 30 September 2004 showed video footage of Mr Kenneth Bigley, a British hostage in Iraq. The video showed Mr Bigley shackled in a cage pleading for help from the British Government. Complaint [2] J M Copland complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item constituted a breach of broadcasting standards relating to the privacy of the individual....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting the court appearance of a man charged with accessing child pornography – showed two men standing at a vending machine – face of the accused not shown, side profile of the other man was shown – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – no private facts disclosed – not upheldStandard 6 (fairness) – item implied complainant was defendant on child pornography charges – incorrect – seriously unfair – upheldOrderCosts to the Crown of $3000This headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News on TV3 at 6pm on 7 March 2005 reported on the court appearance of a man charged with accessing child pornography via the internet. The reporter said that due to a judge’s ruling, 3 News was unable to name the alleged offender....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News Special – programme entitled “Let Us Spray” – discussed some of the issues surrounding the manufacture of chemicals at the Dow Chemical plant in Paritutu – showed images of babies born with various deformities – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – subject matter easily recognisable as being appropriate for adults – clear and sufficient warnings immediately prior to images being shown – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News Special entitled “Let Us Spray” was broadcast at 7pm on 23 October 2006. The programme discussed some of the issues surrounding the manufacture of chemicals – particularly 2,4,5T – at the Dow Chemical plant in Paritutu....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Campbell Live – item reported that a Fijian island used by a New Zealand production company to film the television series Treasure Island, was being “trashed” – interviewed two men who had seen rubbish on the island – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no reasonable basis upon which to conclude that the rubbish was left by Treasure Island production – broadcaster has not provided any evidence to support claims made in the item – inaccurate – upheld Standard 6 (fairness) – unfair to production company – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – priest accidentally removed “Pope’s” head and sewed it back on – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – balance not required – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] An animated comedy series called Popetown centred around Father Nicholas, an idealistic young priest who lives in a fictional Vatican City (called Popetown) with a group of corrupt cardinals and a pogo-stick riding infantile Pope....

INTERLOCUTORY DECISIONComplaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency and unfair Decision on interlocutory application Request for formal hearing – not required in all the circumstances of the case – declinedThis headnote does not form part of the decision. Background[1] Three episodes of Popetown were broadcast on C4 at 9. 30pm on 29 June, 6 July and 20 July 2005. The animated series was set in a fictional Vatican City (called Popetown), and centred round a young priest called Father Nicholas, a group of corrupt cardinals and a child-like Pope character. [2] An episode called “Trapped” was broadcast on 29 June. The storyline involved the character Sister Marie giving the “Pope” “papal bull” energy drink, whereupon he develops “windy pops”....