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Complaint under section 8(1C) of the Broadcasting Act 1989Sunrise – item featured a woman who ran a sanctuary for ex-battery hens – included footage of caged hens – woman described condition of hens when they arrived at her property – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item focused on the experience of one woman – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – statement about uric acid presented as fact – inaccurate but immaterial in context of human interest story – point was that chickens were in poor condition as a result of being caged – not misleading to use footage of battery hens – not upheld Standard 6 (fairness) – industry not an individual or organisation taking part or referred to – complainant did not take part and was not referred to – not applicable – not upheld This headnote does…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – hidden camera footage of caregivers hired to look after elderly actor – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) and privacy principle 3 – caregivers had an interest in seclusion – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – individual caregivers did not provide informed consent – public interest did not outweigh breach of individuals’ privacy – upheld Standard 6 (fairness) and guideline 6c – footage obtained “through misrepresentation or deception” – not required to use deception in the public interest – unfair to broadcast hidden camera footage – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast at 7. 30pm on 3 July 2007....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the effects the recession was having on the adult entertainment industry – contained footage from “Boobs on Bikes” parade – included footage of a male stripper, a topless woman covered in body paint and three women dancing provocatively with one another – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – majority – footage of male stripper and women dancing provocatively was marginal – contextual factors – not upheld Standard 9 (children’s interests) – majority – item’s introduction gave adequate warning to parents and caregivers to exercise discretion – upholding the complaint would be an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision....

An appeal against this decision was dismissed in the High Court: CIV-2011-485-1110 PDF1. 92 MBMary Anne Shanahan declared a conflict of interest and did not take part in the determination of this complaint. Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item and follow-up item questioned “Where has all the aid money gone?...

This decision was successfully appealed in the High Court: CIV 2010-485-2161 PDF106. 39 KBMember Tapu Misa declared a conflict of interest and did not participate in the Authority's determination of this interlocutary matter. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about meeting between Minister of Social Development and woman whose benefit details had been publicly released by the Minister – question of whether Authority has jurisdiction to accept a referral of the complaint Ruling29 April news item – majority decision – Authority has jurisdiction to accept the referral30 April news item – Authority does not have jurisdiction to accept the referralThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on “strip club turf war” contained footage of a stripper wearing only a G-string and dancing erotically – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld the complaint under Standards 1 and 9 – action taken allegedly insufficient FindingsAction Taken: Standard 1 (good taste and decency) and Standard 9 (children’s interests) – action taken by broadcaster sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on Thursday 3 May 2012, reported on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989A Thousand Apologies – sketch comedy lampooning the pan-Asian experience in contemporary New Zealand – allegedly denigratory Findings Standard 6 (fairness) – programme clearly satirical and intended to be humorous – skits did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of A Thousand Apologies, a television sketch comedy that addressed the diversity of the pan-Asian contemporary experience in New Zealand and lampooned stereotypes and situations, was broadcast on TV3 at 9. 30pm on Friday 12 September 2008. [2] One of the skits in the episode involved a man being interviewed about his experience with one airline....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Nation – discussed the Labour Party’s proposal to increase the number of female caucus members – allegedly in breach of controversial issues, fairness, and discrimination and denigration standardsFindingsStandard 4 (controversial issues) – Labour Party’s proposal was a controversial issue of public importance – two of four panellists who discussed the issue expressed views in support of the proposal – gender of panellists not relevant and spectrum of views meant sufficient balance provided – broadcaster made reasonable efforts and gave reasonable opportunities to provide balance on the issue in the programme – not upheldStandard 7 (discrimination and denigration) – panellists did not comment on women in general – programme did not encourage discrimination or denigration against women as a section of the community – not upheldThis headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South Park – animated series depicted the Queen committing suicide – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – episode used parody and satire to comment on politics – freedom of expression includes the right to satirise public figures – content acceptable during AO programme screened at 9. 30pm – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the cartoon comedy South Park was broadcast on FOUR at 9. 30pm on 21 June 2012. Towards the end of the episode, Queen Elizabeth II was depicted committing suicide by shooting herself in the mouth, following a botched terrorism attempt....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item reported on high profile immigration case involving Chinese millionaire William Yan – disclosed Mr Yan’s address and showed footage of Mr Yan’s business assistant in the lobby of the apartment building where Mr Yan lived – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – Mr Yan’s address was not disclosed for the purposes of encouraging harassment as envisaged by privacy principle 4 – no evidence that harassment resulted from the disclosure – apartment building lobby was accessible to the public so neither Mr Yan nor his business assistant had a reasonable expectation of privacy there – item did not breach the privacy of Mr Yan or his business assistant – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item reported on a “race row” that erupted in response to the winner of a regional Miss India New Zealand competition – allegedly inaccurate, unfair and irresponsible FindingsStandard 5 (accuracy) – item based on personal opinions of those who attended pageant –not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation specified in complaint – not upheld Standard 8 (responsible programming) – Campbell Live was an unclassified news and current affairs programme – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on Wednesday 13 October 2010, reported on a “race row” that had erupted in response to the winner of the Wellington Division of a Miss India New Zealand competition....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – interview with one of the "medal thieves" – viewers were told a false name was used – caption said it was an actor's voice – figure shown in interview was in fact an actor – allegedly misleading and in breach of programme information standard Findings Standard 5 (accuracy) – viewers were misled into thinking they were seeing the actual interview – broadcaster did not take sufficient steps to correct the mistake for its viewers in the same medium – upheld Standard 8 (programme information) – subsumed into consideration of Standard 5 Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] During Predators, a science fiction film about a group of humans hunted by aliens, a male character who was a convicted murderer, commented ‘I’m gonna rape me some fine bitches’ and made references to consuming cocaine. The Authority did not uphold the complaint that the comments glamorised criminal activity and denigrated women. The comments were acceptable taking into account both the external context, including the time of broadcast, AO classification, and pre-broadcast warning for violence and language, as well as the narrative context, including that the film was highly unrealistic, and the development of that particular character who was obviously a ‘baddie’ and despised by the other characters....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – two items broadcast one after the other – first item reported on the re-opening of the euthanasia debate in the United Kingdom following the screening of a television documentary which showed a terminally ill man taking a lethal dose of drugs in Switzerland – second item reported on a voluntary euthanasia campaigner who had the words "DO NOT RESUSCITATE" tattooed on her chest – both items allegedly in breach of good taste and decency, law and order and children’s interests standards FindingsItem on assisted suicide Standard 1 (good taste and decency) – report was tasteful – did not endorse either position – contextual factors – not upheld Standard 2 (law and order) – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item preceded by warning –…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – story explored the craze surrounding imitations of Jackass movies involving dangerous stunts and an internet site that was profiting from it – footage of stunts shown – allegedly in breach of good taste and decency and law and order standards Findings Standard 1 (good taste and decency) – shocking footage was appropriate given the focus of the programme – warning was adequate – not upheld Standard 2 (law and order) – item was a cautionary tale – did not encourage or promote, condone or glamorise criminal activity – not upheld No OrderThis headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] An item on Campbell Live featured an interview with a voluntary euthanasia advocate. The Authority did not uphold a complaint that the item was unbalanced as it failed present other significant views on euthanasia. The item was clearly focused on one woman’s personal experience, so viewers would not have expected an even-handed analysis of all arguments for and against legalising euthanasia. Euthanasia is recognised as an ongoing, highly charged social and legal issue, and different viewpoints in the debate will be offered from time to time. In this context the broadcaster adequately acknowledged the existence of other perspectives. Not Upheld: Controversial Issues Introduction [1] An item on Campbell Live featured an interview with a voluntary euthanasia advocate....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item reported on a young man who died of meningococcal disease after being assessed and sent home by medical professionals – reporter interviewed the Chief Executive of Northland District Health Board about the circumstances surrounding the man’s treatment – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – item did not create a misleading impression as to the doctor’s qualifications but clearly stated that he was a “doctor” and “senior trainee” close to sitting his exams – did not create a misleading impression by omitting information about the risks associated with lumbar punctures – the decision not to administer the test earlier was based on a misdiagnosis of the man’s condition as opposed to the perceived risks of the procedure – not inaccurate to report that the man died from meningitis – not upheld Standard 6…...