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An appeal against this decision was dismissed in the High Court: CIV 2006-485-002633 PDF78. 95 KB Complaint under section 8(1)(c) of the Broadcasting Act 1989Inside New Zealand – Stake Out: Models Exposed – hidden camera footage of magazine editor photographing models in his bedroom and in an apartment – allegations in the programme that he was not honest about how the models’ photographs would be used – allegedly in breach of privacyFindingsStandard 3 (privacy) – privacy principles (i), (iii) and (vi) relevant – no private facts revealed therefore privacy principle (i) not breached – broadcast of hidden camera footage was in breach of privacy principle (iii) – no public interest – upheldOrderSection 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $3,000 Section 16(1) – payment of costs to the complainant $393....
Sex and the City – two promos shown on TV3 – promo one showed marijuana use – broadcast at 1. 20pm on Saturday – promo two showed couple apparently engaged in sexual intercourse – broadcast at 1. 00pm on Friday – both allegedly breached standards relating to good taste and decency, maintenance of law and order, classification and children’s interests....
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 19893 News – follow-up to TV3 “special investigation” Let Us Spray– said that Ministry of Health had “finally admitted it tests positive for political contamination” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – subsumed into consideration of Standards 5 and 6 Standard 5 (accuracy) – inaccurate to state that Ministry of Health had “finally admitted it tests positive for political contamination” – upheld Standard 6 (fairness) – unfair to Ministry of Health – not unfair to peer reviewer of study or to ESR – upheld No Order This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – item reported results of a survey about present and potential coalition parties for the two main political parties – item used phrase “propping up the government” on several occasions – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) and Guidelines 4a, 4b, 4c – “propping up” not unacceptable in brief news item even when used repetitively – not upheld Standard 5 (accuracy) and Guidelines 5c and 5d – phrase has range of meanings – not upheld This headnote does not form part of the decision. Broadcast [1] The results of a survey about the present and potential coalition partners for the two main political parties were reported in an item broadcast on 3 News on TV3 at 6. 00pm on 1 August 2004....
Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – examined differences in breast cancer treatment in Australia and New Zealand, and the funding of a drug called Herceptin – interviewed an Australian and a New Zealander with similar cancer and compared their prognoses – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – broadcaster failed to present significant viewpoints on the controversial issue within the programme, and within the period of current interest – due to the presentation of the programme and the nature of the issue, the period of current interest limited to a short time after the broadcast – alternative perspectives were not presented – upheld Standard 5 (accuracy) – two statements would have misled viewers – upheld OrderSection 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Minister of Police had declined to be interviewed – host said that when Cabinet Ministers refused to front up and discuss serious issues, they would receive the “no-show pie” – animation showing a photograph of the Minister of Police with a cream pie being pushed into his face – allegedly in breach of good taste and decency, unfair and in breach of the violence standardFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – not unfair to the Minister – not upheld Standard 10 (violence) – no issue of violence – not upheldThis headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – documentary about Phenomena Academy in Fiordland – NZQA accredited institution that teaches how to be healthy and happy – questions raised as to whether students under undue influence from Academy’s founder Aiping Wang – focussed on experience of four former students who were critical of her methods – complaint made by general manager of Academy – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – Academy representatives given adequate opportunity to respond to the allegations – lengthy interviews with Aiping Wang and with complainant – views were clearly communicated – not upheld Standard 5 (accuracy) – two statements inaccurate – other statements not inaccurate – not unnecessarily alarmist – no evidence of lack of editorial independence – upheld on two aspects Standard 6 (fairness) – participants given adequate and reasonable opportunity to respond to allegations made – views were clearly…...
Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – footage of teenagers committing animal cruelty offences – images of hedgehogs and ducks subjected to cruelty – allegedly in breach of good taste and decency, and children’s interestsFindingsStandard 1 – good taste and decency – contextual factors – not upheld Standard 9 – children’s interests – contextual factors, particularly warnings, were sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] TV3 broadcast an item on 25 July 2005 at 7. 30pm entitled “God’s Creatures”, as part of the 60 Minutes current affairs programme. The item covered the recent arrest of two people in Huntly for animal cruelty. The item also dealt with the suggested link between animal cruelty and subsequent violent offences against people. [2] The item reported that the teenagers had set fire to cages which had trapped two feral cats....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – panel discussion about power outage in Auckland – complainant alleged that programme gave the impression that the discussion was live, when it was pre-recorded – allegedly inaccurate, unfair and in breach of programme information standardFindingsStandard 5 (accuracy) – no statements of fact alleged to be inaccurate – standard does not apply – not upheld Standard 6 (fairness) – no person or organisation alleged to be treated unfairly – standard does not apply – not upheld Standard 8 (programme information) – standard requires viewers to be disadvantaged before breach will be found – no disadvantage to viewers – not upheldThis headnote does not form part of the decision Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 12 June 2006, included a panel discussion about a recent power outage in Auckland....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item about a woman who believed a company called Christine Layby owed her $900 – woman shown visiting the company director’s home to demand a refund – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) – ownership of a business not a private fact – disclosure of that fact not highly offensive – not upheld Standard 5 (accuracy) – decline to determine three aspects – other aspects related to website material only or interviewees’ own views – not upheld Standard 6 (fairness) – complainant had sufficient opportunity to comment – not unfair – not upheld This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item investigating “claims that China harvests the organs of executed prisoners for transplants at a price” – included secret footage from transplant centre where staff admitted the practice – reported concerns of British transplant surgeons about lack of consent from prisoners – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to any person or organisation taking part or referred to – not upheld Standard 8 (programme information) – subsumed under Standards 5 and 6This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 20 April 2006, 3 News broadcast an item about organ harvesting in China....
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 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....
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”....
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)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there was no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – also stated that the recommended product was “tested to the official standard” – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – some ambiguity later in segment but, overall, viewers would not have been misled about the focus of the segment – not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster not required to give complainant an opportunity to comment because item did not comment on effectiveness of product – not upheld Standard 8 (programme information) – subsumed under Standard 5 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)(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 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 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....