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Decisions
Cochran and MediaWorks TV Ltd - 2015-054
2015-054

Summary[This summary does not form part of the decision. ]3 News reported on a gun attack on a Tunisian beach resort, and showed amateur video footage of the event. The footage contained images of people shouting and running around in confusion, and gunshots and bomb blasts could be heard. The footage also showed the gunman lying in the street after he had been shot dead by police. The Authority upheld a complaint that this footage was disturbing and should have been preceded by a warning. While recognizing the high public interest in the story and the footage, viewers were not given a reasonable opportunity to exercise discretion because they were not adequately warned of its nature. The Authority did not make any order....

Decisions
Cleaver and MediaWorks TV Ltd - 2015-079 (28 January 2016)
2015-079

Summary[This summary does not form part of the decision. ]In an item on Story, an actor approached four different real estate agencies (Ray White, LJ Hooker, Barfoot & Thompson and Harcourts) and asked agents to sell him properties for investment prior to auction and at a lower price, which it was alleged would be in breach of the industry code. The Authority did not uphold a complaint that one of the Story presenters had a conflict of interest because of her family connections to Barfoot & Thompson, which resulted in a breach of standards. The Authority is not in a position to determine whether such a conflict existed, but in any case, the alleged conflict did not manifest as a breach of the broadcasting standards nominated....

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
O'Shaughnessy and MediaWorks TV Ltd - 2014-086
2014-086

Summary [This summary does not form part of the decision. ] During The Paul Henry Show, Mr Henry read out a fan’s letter about her ‘lactating boobies’ and made sexually suggestive remarks about her. Later, he used the word ‘fucked’, and during a live cross a woman burst in front of the camera and said, ‘West side, fuck her in the pussy’. The Authority did not uphold the complaint that these comments were unsuitable for broadcast. Taking into account relevant contextual factors, including the broadcaster’s limited control over live content, the material did not reach the high threshold necessary to breach standards of good taste and decency. Not Upheld: Good Taste and Decency, Responsible Programming Introduction [1] During The Paul Henry Show, Mr Henry read out a fan’s letter about her ‘lactating boobies’ and made sexually suggestive remarks about her. Later in the programme he used the word ‘fucked’....

Decisions
Perrett and MediaWorks TV Ltd - 2015-092 (1 March 2016)
2015-092

Summary[This summary does not form part of the decision. ]During the course of a panel discussion on Paul Henry about cruise ships, the participants briefly talked about penis enlargement. The Authority did not uphold a complaint that this discussion was ‘vulgar’ and inappropriate for a time when children could be watching television. Paul Henry is aimed at adult viewers and the conversation, which was brief and inexplicit, did not go beyond audience expectations of the programme and its presenters. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] During the course of a panel discussion on Paul Henry about cruise ships the participants briefly talked about penis enlargement. [2] Jasmine Perrett complained that this discussion was ‘vulgar’ and inappropriate for television, especially at a time when children could be watching....

Decisions
TD and MediaWorks TV Ltd - 2014-048
2014-048

Summary [This summary does not form part of the decision. ] An item on 3rd Degree reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of the complainant working in a strip club, serving drinks and talking to customers. The Authority upheld her complaint that this breached her privacy, as she had not consented to appearing 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 reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of female employees in their strip clubs dancing, serving drinks and talking to customers. The programme aired on TV3 on 9 April 2014....

Decisions
Barnao and MediaWorks TV Ltd - 2019-002 (2 April 2019)
2019-002

Warning: This decision contains coarse language that some readers may find offensiveSummary[This summary does not form part of the decision. ]The Broadcasting Standards Authority has not upheld a complaint that an episode of 7 Days, in which a panellist said an Australian Santa would say ‘G’day cunts’, breached the good taste and decency standard. The Authority acknowledged that the language was coarse and may have offended some viewers. However, taking into account relevant contextual factors including the nature of the programme, which is targeted at adults, audience expectations, the Adults Only classification, the warning for ‘bad’ language at the beginning of the programme, and the time of broadcast, the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....

Decisions
Boreham & others and MediaWorks TV Ltd - 2014-133
2014-133

Summary [This summary does not form part of the decision. ] 3 News reported on three men who were convicted or accused of sexual offence charges, and showed images of two lists of names, in which the complainants' names featured. The Authority declined to uphold complaints that by showing their names during a discussion about the accused sex offenders, the item breached the complainants' privacy. Their position as Parliamentary Service employees was not private, the inclusion of the complainants' names was peripheral to the item, and there was no suggestion that the complainants were the accused sex offenders, as the three men who were convicted or accused of sexual offence charges were explicitly identified by both their names and their images....

Decisions
Moodie and MediaWorks TV Ltd - 2014-073
2014-073

Summary [This summary does not form part of the decision. ] The Paul Henry Show screened a clip showing several rodents running on a working turntable accompanied by music. The Authority did not uphold the complaint that this constituted animal cruelty and breached standards of good taste and decency. This was a quirky internet clip, it was intended to be light-hearted and humorous, and the Authority had no reason to believe the animals were treated cruelly. Not Upheld: Good Taste and Decency Introduction [1 The Paul Henry Show screened an internet clip showing several rodents running on a working turntable accompanied by music. The programme was broadcast on TV3 on 22 May 2014 at 10. 30pm. [2] Heather Moodie made a formal complaint to MediaWorks TV Ltd (MediaWorks), alleging that the footage constituted cruelty to animals....

Decisions
Ranfurly Village Hospital Limited and MediaWorks TV Ltd - 2014-034
2014-034

Summary [This summary does not form part of the decision. ] Campbell Live broadcast two items that were critical of Ranfurly Veterans Home and Hospital, relating to an incident in which a resident, Q, was found lying on the driveway after falling from his power chair. The Authority upheld one aspect of the accuracy complaint in relation to another incident involving a resident, F, and upheld the complaint that the items were unfair to Q, and to Ranfurly. The Authority did not uphold the complaint that the residents' privacy was breached. The Authority did not make any order as only limited aspects were upheld. Upheld: Accuracy, Fairness Not Upheld: Privacy No Order Introduction [1] Campbell Live broadcast two items that were critical of Ranfurly Veterans Home and Hospital (Ranfurly)....

Decisions
Pask and Mediaworks TV Ltd - 2019-057 (18 November 2019)
2019-057

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning US immigration breached the good taste and decency and balance standards. The complaint was that showing the bodies of a toddler and her father who drowned while trying to enter the US was gratuitous, and that the item’s coverage of migrant detention camps and interviews with protestors outside were unbalanced as no comment was included from US authorities. The Authority found that including the images of dead bodies was justified in the public interest, and the warning preceding them was sufficient to enable viewers to exercise choice and control over their viewing, so there was no breach of good taste and decency....

Decisions
Eliott and Mediaworks TV Ltd - 2019-062 (18 November 2019)
2019-062

During an episode of Newshub, political editor Tova O’Brien used the term ‘SNAFU’ in reference to a plane the Prime Minister was supposed to be on breaking down. The Authority did not uphold a complaint that the use of the term ‘SNAFU’ was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of Newshub and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘SNAFU’ did not threaten community norms of good taste and decency, or justify restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...

Decisions
XD and Mediaworks TV Ltd - 2018-102C-D (13 March 2019)
2018-102C-D

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....

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
Scott and MediaWorks TV Ltd - 2014-028
2014-028

Summary [This summary does not form part of the decision. ] An item on Campbell Live, reporting on Pike River Mine, included radio transmission audio between those in the mine and those in the office on the morning of the disaster. The audio contained the complainant’s full name which he considered to be a breach of his privacy. The Authority did not uphold the complaint, as Mr Scott’s employment at the mine was not a private fact, and the disclosure of his name was not associated with any blame or disclosed for the purpose of encouraging harassment. Not Upheld: Privacy Introduction [1] An item on Campbell Live, reporting on Pike River Mine, included radio transmission audio between those in the mine and those in the office on the morning of the disaster....

Decisions
Wieland and MediaWorks TV Ltd - 2014-060
2014-060

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ] 3 News summarised the findings in the latest report released by the United Nations Intergovernmental Panel on Climate Change (IPCC). The Authority did not uphold the complaint that the United Nations report was propaganda, and should not have been referred to. This was a straightforward news report on the latest findings released by the IPCC. Not Upheld: Controversial Issues, Accuracy, Fairness, Responsible Programming Introduction [1] A 3 News item summarised the findings of the latest report released by the United Nations Intergovernmental Panel on Climate Change (IPCC). The item was broadcast on TV3 on 14 April 2014....

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
Family First New Zealand and MediaWorks TV Ltd - 2014-122
2014-122

Summary [This summary does not form part of the decision. ] 3 News reported on an incident in which Pam Corkery of the Internet-Mana Party swore at journalists. The Authority declined to uphold the complaint that the inclusion of the word 'shit' breached standards. Ms Corkery's choice of language was largely what made her behaviour newsworthy, and it was in the public interest to show viewers the footage uncensored. The inclusion of one swearword during an unclassified news programme targeted at adults did not threaten broadcasting standards. Not Upheld: Good Taste and Decency, Children's Interests Introduction [1] A 3 News item briefly reported on an incident in which the Internet-Mana Party's press secretary, Pam Corkery, was filmed swearing at journalists at the party's campaign launch....

Decisions
O'Brien and MediaWorks TV Ltd - 2016-001 (4 May 2016)
2016-001

Summary[This summary does not form part of the decision. ]A promo for Paul Henry, broadcast during 3 News, featured a photo of an alleged terrorist and host Paul Henry joking about the type of dialogue that would occur between members of a terrorist group. The Authority did not uphold a complaint alleging that this promo was highly offensive ‘so soon after the Paris terrorist attacks’ and breached the controversial issues standard. The promo did not explicitly mention the Paris terrorist attacks, was apparently intended to be humorous (as the hosts were all shown laughing) and was consistent with expectations of the host programme. The promo also did not amount to a discussion of a controversial issue which triggered the requirement to provide balance. Not Upheld: Good Taste and Decency, Controversial IssuesIntroduction[1] A promo for Paul Henry, broadcast during 3 News, showed a photo of an apparent terrorist....

Decisions
Lowes and MediaWorks TV Ltd - 2019-064 (16 December 2019)
2019-064

During a segment on The AM Show that discussed immigration to New Zealand host Mark Richardson said: ‘we’re clearly not getting enough English immigrants to become traffic officers’. The Authority did not uphold a complaint that Mr Richardson’s comment was discriminatory to nationalities that are ‘not English’ in breach of the discrimination and denigration standard. The Authority found the complainant did not identify a ‘section of the community’ for the purposes of the standard. The Authority also found that, considering audience expectations of The AM Show and Mr Richardson, the light-hearted nature of the comment and other contextual factors, the comment did not reach the threshold required to be considered discriminatory or denigratory. Not Upheld: Discrimination and denigration...

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