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Decisions
Cavill and TVWorks Ltd - 2009-109
2009-109

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....

Decisions
Zohs and and CanWest TVWorks Ltd - 2004-112
2004-112

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

Decisions
James and TVWorks Ltd - 2009-127
2009-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade – contained footage of bare-breasted women – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – footage was fleeting and taken from a distance – not salacious – preceded by a warning – contextual factors – not upheld Standard 9 (children’s interests) – contained warning to advise parents – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, reported on the “Boobs on Bikes” parade in Auckland....

Decisions
Forbes-Dawson, Popping and Wimalasena and CanWest TVWorks Ltd - 2006-109
2006-109

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item dealt with controversy about forthcoming Erotica Parade to be held in Auckland – included footage of bare-breasted women – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News broadcast on TV3 at 6. 00pm on 15 August 2006 dealt with controversy which had arisen after the Auckland City Council issued a permit for a parade down as part of the forthcoming Erotica Lifestyles Expo....

Decisions
Right to Life New Zealand and TVWorks Ltd - 2013-062
2013-062

Summary [This summary does not form part of the decision. ]A 3 News item reported on newly released statistics showing a decline in the number of abortions performed in New Zealand. It included one possible reason why, put forward by the Abortion Law Reform Association of New Zealand. The Authority did not uphold the complaint that the item was unbalanced because it did not also include the ‘pro-life’ perspective on why the rates were declining. While abortion is a controversial issue of public importance, the fact abortion rates have declined is not, and there has not been any significant debate about the reasons for the decrease. The broadcaster was not required to canvass perspectives for and against abortion given the item was a straightforward report on new statistics....

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

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
Price and TVWorks Ltd - 2007-094
2007-094

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a 3 News item on the Electoral Finance Bill was misleading and inaccurate when it said, first, that "new rules will stop big election donors from staying anonymous", and second, that "according to the new rules, donations over $10,000 can no longer be anonymous” In fact, the Bill did nothing to prevent big election donors to political parties from staying anonymous, and there was nothing new about the $10,000 threshold for declaring donations to political parties....

Decisions
Waide and TVWorks Ltd - 2008-058
2008-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

Decisions
Wallis and TVWorks Ltd - 2011-073
2011-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on attempted rescue of surfing students being instructed by the complainant – showed confrontation between the complainant and members of the Piha Surf Lifesaving Club – reporter stated that “the first thing that [the Department of Labour] will find is that he is not even a registered surf instructor” – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – accurate to say that complainant was not registered – implication was not that he had acted illegally, but that he had not demonstrated best practice – item contained clear comments from the complainant and from the school that he had not done anything wrong – viewers would not have been misled – not upheld Standard 6 (fairness) – item fairly presented complainant’s response – complainant treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Howe and Torrey and TVWorks Ltd - 2009-130
2009-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – teaser for upcoming item contained footage of bare-breasted women – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was fleeting and shown from a distance – factual report – contextual factors – not upheld by majority This headnote does not form part of the decision. Broadcast [1] At the beginning of 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, the presenters highlighted the major stories of the evening, one of which concerned the Auckland “Boobs on Bikes” parade. As footage of the parade was briefly shown, the presented stated: And not just boobs on bikes, there are bazookas on tanks as well. [2] The footage of the parade included a shot of four bare-breasted women standing up in a convertible car....

Decisions
Blazey and TVWorks Ltd - 2008-030
2008-030

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on death of a teenage boy whose body was found in a Christchurch park – footage of the clothed legs and torso of the deceased shown – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 13 February 2008, reported on the death of a teenage boy whose body was discovered in a Christchurch park. The item showed forensic teams and other police walking around the site, and included brief footage of the clothed legs and torso of the deceased from a distance....

Decisions
Ruawai College Board of Trustees and TVWorks Ltd - 2013-003
2013-003

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on bullying incident at Ruawai College, told from the perspective of the victim’s mother – victim’s mother expressed frustration at the school because she was not informed of the incident until a couple of days after it occurred – contained repeated footage of the incident – allegedly in breach of standards relating to good taste and decency, privacy, accuracy and fairnessFindingsStandard 6 (fairness) – item did not create an unfairly negative impression of the school and staff members – school was provided with fair and reasonable opportunity to comment and the Principal adequately presented the school’s position – item did not create an unfair impression about the timing or duration of the incident – reference to letter was not unfair – footage of police was due to an oversight – school and staff members treated fairly and overall…...

Decisions
O'Neill and TVWorks Ltd - 2012-077
2012-077

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

Decisions
Boyce, Nevell and Simmers and CanWest TVWorks Ltd - 2006-062
2006-062

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item about file sharing software – showed images from a snuff movie three times during short item – woman seen begging not to be filmed with a gun held to her head – gunshot heard on one occasion but with no image – allegedly in breach of good taste and decency, law and order, privacy, fairness, children’s interests and violence standards – broadcaster upheld complaints under Standard 1, spoke to news staff and broadcast on-air apology – complainants dissatisfied with decision and action taken FindingsStandard 2 (law and order) – broadcaster did not encourage viewers to break the law or glamorise the criminal activity shown – not upheld Standard 3 (privacy) – irrespective of whether the snuff movie was real or fake, no breach of privacy – not upheld Standard 6 (fairness) – unable to determine whether woman treated fairly – decline…...

Decisions
Hooker and TV3 Network Services Ltd - 2001-228
2001-228

Complaint3 News – film review segment – review of "Crooked Earth" – excerpt included expression "kiss my arse" – offensive and unsuitable for childrenFindingsStandard G2 – acceptable in context – no uphold Standard G12 – not unsuitable for children – no upholdThis headnote does not form part of the decision. Summary [1] The New Zealand film "Crooked Earth" was one of the films considered in the film review segment of 3 News broadcast on 25 August 2001. The review included a brief excerpt from the film in which one of the characters said "kiss my arse". [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that such offensive language was unacceptable at that hour and unsuitable for children. [3] In response, TV3 maintained that it was not unacceptable in the context of a film review, and declined to uphold the complaint....

Decisions
Holt and TV3 Network Services Ltd - 2001-212
2001-212

This decision was successfully appealed in the High Court: AP 147-01 PDF 1. 5 MB Complaint3 News – bottle store robbery – footage from security camera showed man being stabbed – gratuitous – violentFindingsV12 – use of footage twice was gratuitous – footage graphic and distressing – warning required – upholdOrderBroadcast of statementThis headnote does not form part of the decision. Summary[1] The attempted robbery of an Auckland liquor store was dealt with in an item on 3 News broadcast on TV3 at 6. 00pm on 5 August 2001. The item included footage from a security camera which showed a man being stabbed twice. The footage was screened twice. [2] Rebekah Holt complained to TV3 Network Services Ltd, the broadcaster, that the footage was gratuitous, and inappropriate before 8. 30pm....

Decisions
Girvan and TVWorks Ltd - 2009-161
2009-161

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the 65th anniversary of the arrival of New Zealand’s first refugees – stated that the orphaned Polish children had spent time in Russian orphanages – allegedly inaccurate Findings Standard 5 (accuracy) – history of what happened to the Polish refugees and their families prior to coming to New Zealand was not material to the focus of the item – viewers not misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Sunday 1 November 2009, reported on the 65th anniversary of New Zealand’s first refugees, who were 732 Polish children and 102 caregivers. [2] The presenter introduced the item by saying: It’s 65 years today since New Zealand welcomed its first refugees....

Decisions
Grieve and MediaWorks TV Ltd - 2014-145
2014-145

Summary [This summary does not form part of the decision] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election. The presenter made comments about ACT's law and order policies and Mr Whyte's views on incest and polygamy. The Authority declined to uphold the complaint that the broadcast inaccurately described ACT's policies and Mr Whyte's views, and as such was unfair to ACT and Mr Whyte. The broadcaster made reasonable efforts to ensure that the item was accurate, and the comments were not unfair in the context of a robust election environment. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election....

Decisions
Rossiter and MediaWorks TV Ltd - 2015-022
2015-022

Summary [This summary does not form part of the decision. ] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The Authority did not uphold the complaint that the item was unbalanced and inaccurate in that the editor 'presented. . . opinion as fact' and used 'highly emotive language'. The report provided sufficient balance, and the statements complained of were clearly the editor's opinion and analysis rather than statements of fact to which the accuracy standard applied. Not Upheld: Controversial Issues, Accuracy Introduction [1] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The item contained some analysis from the editor, excerpts of a press conference given by Prime Pat John Key and graphics depicting how the law change would affect MPs' pay....

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