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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 111/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND IMMIGRATION SERVICE Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-114 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROAD TRANSPORT FORUM NEW ZEALAND Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

SummaryConcern about repeat drink/driving offences was dealt with in an item broadcast on both 3 News and Nightline, on TV3 between 6. 00–7. 00pm and 10. 30–11. 00pm respectively on 22 February 1999. The item included footage of the police dealing with drivers who had been drinking, and included a segment showing a woman struggling violently as she was put into a police car. Ms M, the struggling woman, complained to the Broadcasting Standards Authority that the item breached her privacy. The incident screened had occurred seven years previously, she wrote. She recalled that she had been struggling at the time as she considered that she had not been treated fairly by the police when they insisted that she undergo a breath test although she had not been driving. Subsequently, she advised, she was convicted of assault but the drink driving charge had been dismissed....

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

ComplaintThe Waterboy promo – nudity – incorrect classification – broadcaster not mindful of effect of broadcast on children Findings Standard G2 –context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold; standard G22 – G rating correct – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for the movie The Waterboy was broadcast on TV3 on 19 October 2001 at 6. 40pm, during a broadcast of 3 News. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the promo showed one of the characters featured in the movie "pull[ing] down his trousers and exposing his buttocks". [3] TV3 declined to uphold the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 144/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WAIKATO ANTI RACISM COALITION of Hamilton Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-130 Decision No: 1996-131 Decision No: 1996-132 Dated the 10th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NICK DRURY (2) of Rotorua and C J DAISLEY of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary A prison officer, accused of a sexual relationship with an inmate, was the subject of a 20/20 item entitled "A Pregnant Silence" broadcast on TV3 on 13 September 1998 between 6. 30–7. 30pm. K complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached her privacy because it included footage of her house when the prison officer, who was her flatmate, was filmed leaving her home. She observed that its identity was clear because the house number was clearly shown. She argued that when personal details were given about the officer, it could have been incorrectly inferred that he lived at that address with his family. K sought an assurance that no more footage of her house would be shown as she had no connection with the story....

Complaint 3 News (2 items) – Ice As – filming of car accident – privacy – request to stop filming – use of footage in comedy show Findings(1) News items – privacy – public interest – no uphold (2) Ice As – Privacy Principle (iii) – insensitivity – intentional interference – harassment – uphold This headnote does not form part of the decision. Summary Footage of a car accident was shown during two news items about bad weather and related problems faced by drivers in the Queenstown area. The items were broadcast on 3 News on TV3 on 11 and 12 June 2000 between 6. 00pm and 7. 00pm. More detailed footage was also screened during an episode of Ice As, broadcast on TV3 at 11. 00pm on 17 June 2000. CD complained to the Broadcasting Standards Authority under s....

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Download a PDF of Decision No. 1991-060:Rout and TV3 Network Services Ltd - 1991-060 PDF268. 06 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-077 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN IN FILM AND TELEVISION (Auckland) INC. (WIFT) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-119 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUZANNE MORTON AND DAVID GORDON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 28/95 Dated the 11th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW MCLAUCHLAN of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

ComplaintThe Panel – promo – panellist mocked Princess Margaret – breach of good taste FindingsStandard G2 – not a breach of good taste – no upholdThis headnote does not form part of the decision. Summary A promo for the programme The Panel, broadcast on TV3 on 31 May 2001, included a segment where panellist Pam Corkery pointed to a photograph of Princess Margaret from The New Zealand Herald and said, "Princess Margaret wore dark glasses and appeared to be able to see", before bursting into laughter. Mrs Sonia Reardon complained to TV3 Network Services Ltd, the broadcaster, that it was a breach of good taste and decency for the panellist to make a mockery of Princess Margaret....

SummaryAn item on 3 News, broadcast on TV3 on 17 February 1999 commencing at 6. 00 pm, focused on a family’s disagreement over the costs of returning a dead woman’s body to her family in the Philippines, after the deaths of the woman and her husband in a car accident. The woman was described in the item as a "mail-order bride". The term "mail-order brides" was used on several occasions during the broadcast to refer to other women members of the Philippines community in Invercargill. Mr Hildreth complained to TV3 Network Services Ltd, the broadcaster, that the description "mail-order brides" demeaned the Filipino women shown in the item, and was offensive to women of that nationality, who had entered New Zealand as the wives of New Zealanders....

Summary A repeat broadcast of an ICE TV programme was screened on TV3 on 17 July 1999, commencing at 9. 35am. ICE TV is a programme aimed at teenagers containing some humorous and informative material. O Blackburn complained to TV3 Network Services Limited, the broadcaster, that the programme contained language and nudity that was "unsuitable". TV3 responded that the programme was screened in PGR time and the nudity and language used were appropriate in that context. It contended that the nudity in the programme was not offensive. It said that the shots where the male presenters’ buttocks were visible were part of a comedic routine. It added that no genitalia or breasts were shown. As for the language, it stated it had "beeped" or removed words it considered offensive. TV3 declined to uphold the complaint....

ComplaintQueer as Folk – promo – offensive language – shagged FindingsStandard G2 – acceptable in context – no uphold Cross ReferencesDecision No: 1999-163, Decision No: 2000-056 and Decision No: 2000-075 This headnote does not form part of the decision. Summary A promo for the programme Queer as Folk was broadcast on TV4 at approximately 10pm on 23 February 2000. During the promo, the word "shag" was used twice. Paul Schwabe complained to TV3 Network Services Ltd, the broadcaster, that the word "shag" was "plainly offensive" and "akin to the ‘F’ word". In its response, TV3 said it did not consider that the average viewer would consider the word "shag" to be a swear word or an offensive term. It also noted that the promo was broadcast at 10pm within an AO programme. It declined to uphold the complaint....