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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 What’s Really In Our Food? – included a human experiment to test the effects of Omega 3 on attention span in young boys – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – experiment was clearly intended to be light-hearted and entertaining and did not purport to be scientifically rigorous or reliable – conclusions drawn from the experiment were very vague and qualified by words such as “could’ and “may” – viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] An episode of What’s Really In Our Food? , a weekly television series investigating different food groups, and exploring the potential health benefits and/or risks associated with those foods, contained a human experiment to test the effects of Omega 3 on attention span in young boys....

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]’....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – three items and promo for programme discussed complainant’s businesses and websites – spoke to a number of his customers who believed they had been “ripped off” – referred to complainant as an “internet fraudster” and “a face to what is often a faceless crime” – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 6 (fairness) – reporter’s approach in trying to obtain comment from Mr Katavich and door-stepping was not unfair – not upheld – thrust of the programmes was that Mr Katavich was a criminal and a fraudster – no evidence to suggest that his business activities were illegal – unfair to Mr Katavich – upheldStandard 3 (privacy) – Mr Katavich did not have an interest in seclusion at his business offices – business address was not a private fact and was not disclosed for the purposes of…...

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Election Advertisement – stated that “John Key’s only answer is to sell our best assets” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard 5 exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back of the Y – programme contained substantial amount of coarse language and staged violence – mocked religion – skit in which a character playing Jesus Christ was beaten up by another playing Santa Claus – skit called ‘Pooman and Wees’ in which the character Pooman threw imitation faeces at his enemies and showed his bottom and genitals from behind – scene where woman was sprayed with imitation faeces and licked some off her hands – character Wees tried to clean the faeces off her by spraying her with imitation urine, but sprayed himself instead – skit called ‘Smoodiver’ in which the male character was shown apparently masturbating – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – episode contained material and themes that were in bad taste – cumulative effect of material – contextual factors favouring…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – contained frequent coarse language – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – language was consistent with viewer expectations of the programme – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Californication was broadcast on TV3 at 9. 30pm on Monday 18 April 2011. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Between 9. 30pm and 10pm, characters used the following words and phrases: “fucking” (16 times) “fucked up” “fuck” (6 times) “bitch” “shit” (8 times) “asshole” (2 times) “shitty” (2 times) “balls” (3 times) “you smell like you just walked out of a fisting contest” “forced anal” (2 times) “motherfucker” “cock” “bullshit”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for 3 News – showed a man head-butting another man – allegedly in breach of good taste and decency, law and order, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – footage was fleeting and inexplicit and no visible injury was shown – broadcast during Home and Away and five minutes before the news – formed part of a newsworthy story – contextual factors – not upheld Standard 10 (violence) – contextual factors – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – contextual factors – broadcaster adequately considered children’s interests – not upheld Standard 2 (law and order) – footage in the promo did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – programme classified G and broadcast at 5. 30pm contained storyline involving the date rape of a teenage girl – allegedly in breach of responsible programming, and discrimination and denigration standards FindingsStandard 8 (responsible programming) – episode was unsuitable for unsupervised child viewers and incorrectly classified G – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Home and Away, an Australian soap opera, included a storyline that involved the date rape of a teenage girl. The episode was classified G and broadcast on TV3 at 5. 30pm on 11 April 2013. [2] David Simpson made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the episode was “highly offensive” and that themes of rape and HIV were inappropriate in a G-rated programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....

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(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(1B)(b )(i) of the Broadcasting Act 1989Californication – episode contained language, simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld No Order This note does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody. [2] The episode revolved around the relationship between Hank and his good friend and agent Charlie who had recently separated from his wife and temporarily moved in with Hank....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – discussed “the model who can’t go to fashion week because she’s too big” – interviewed the model and her mother as well as the manager of her modelling agency – allegedly unbalanced, inaccurate and unfair FindingsStandard 5 (accuracy) – item created clear impression that Nova was not putting forward the model for work because of her hip size – viewers would have been misled by the omission of other reasons including the model’s refusal to work for Nova – upheld Standard 6 (fairness) – broadcaster did not deny that Nova’s manager explained the other reasons in his interview – those reasons were not included in the story – unfair – upheld Standard 4 (controversial issues – viewpoints) – story focused on one individual – no discussion of a controversial issue of public importance – not upheld No Order This headnote does not form…...

Complaint under section 8(1C) of the Broadcasting Act 1989Promo for The Graham Norton Show – promo for Christmas special showed a photograph of a couple dressed as Mary and Joseph holding a dog in swaddling clothes – allegedly in breach of broadcasting standardsFindingsStandard 1 (good taste and decency) – content was a light-hearted attempt at humour – would not have offended most viewers in context – innocent lampooning of religious figures comes within the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – content was a light-hearted attempt at humour as opposed to a criticism of Christians – content did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item about strip club contained brief footage of woman wearing a G-string dancing erotically on a pole – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – footage was very brief and had some relevance to the subject matter – programme was broadcast more than two hours after the Adults Only watershed – majority of viewers would not have been offended in this context – not upheld This headnote does not form part of the decision. Introduction [1] An item on Nightline followed up an earlier report 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(1C) of the Broadcasting Act 1989Campbell Live – item featured the “Yike Bike” which had been named the 15th best invention of 2009 in Time magazine – reporter was shown riding the bike without wearing a helmet – allegedly in breach of law and order Findings Standard 2 (law and order) – oversight by broadcaster – did not threaten the maintenance of law and order – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on Tuesday 24 November 2009, featured the “Yike Bike”, created in New Zealand, which had been named the 15th best invention of the year in Time magazine. Throughout the item, the reporter and some of the bike’s creators were shown riding the Yike Bike, without wearing helmets....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item about life and death of Antonie Dixon – showed death certificate – contained name of paramedic who responded to medical emergency – allegedly in breach of privacy Findings Standard 3 (privacy) – paramedic’s name and involvement in Mr Dixon’s case not private facts – death certificate is a public document – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 2 March 2009, discussed the life and death of Antonie Dixon, who was convicted of several charges including murder, and later found dead in his cell at an Auckland prison. While the reporter and Mr Dixon’s sister discussed his death, Mr Dixon’s death certificate was shown on screen....