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Decisions
Dewar and CanWest TVWorks Ltd - 2006-063
2006-063

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about the 20th anniversary of the Chernobyl disaster – said that it had killed “16,000, possibly double, even treble that” – complaint that figure was inaccurate – broadcaster upheld the complaint on the basis that there was dispute about the number of deaths and the item should have reported this – broadcaster discussed the issue with newsroom staff – complainant dissatisfied with reasons for upholding decision and action takenFindingsStandard 5 (accuracy) – CanWest’s reasons for upholding decision were incorrect – should have upheld the complaint on the basis that the figures in the report were inaccurate, not because the position was uncertain – upheldNo OrderThis headnote does not form part of the decision....

Decisions
Grieve and MediaWorks TV Ltd - 2016-019 (25 July 2016)
2016-019

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

Decisions
AFFCO Holdings Ltd and MediaWorks TV Ltd - 2015-050
2015-050

Summary[This summary does not form part of the decision. ]Two items on 3 News reported on two cases of Talley's Group paying compensation to employees for work accidents at its freezing works. The items featured interviews with both workers and referred to their Employment Relations Authority (ERA) cases. The Authority did not uphold a complaint that the items were inaccurate and unfair to AFFCO Holdings Ltd, the subsidiary of Talley's Group which owns the freezing works. The broadcaster was entitled to report key parts of the ERA judgments, and AFFCO was given a fair opportunity to comment. Not Upheld: Accuracy, Fairness Introduction[1] Two items on 3 News reported on Talley's Group paying compensation to employees for work accidents at its freezing works....

Decisions
Pepping and TVWorks Ltd - 2009-014
2009-014

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 –…...

Decisions
Evans and TVWorks Ltd - 2010-185
2010-185

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – story about former cricketer Shane Warne reportedly having an affair with Liz Hurley – referred to his past indiscretions and showed images of him with topless women, with their breasts blurred – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – images were brief, dark and indistinct – no warning required – 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 December 2010, reported that former Australian cricketer Shane Warne was rumoured to be having an affair with model and actress Liz Hurley....

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
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
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
Ryton Station Ltd and TV3 Network Services Ltd - 2002-005, 2002-006
2002-005–006

Complaint3 News – land owners around Lake Ida put up trespass notices and take control of skating on the lake – Lake Ida Winter Sports Association accompanied by film crew breach trespass order – disrespect of law and breach of privacy. FindingsStandard G5 – disrespect for the law not encouraged – no uphold Privacy Principles – do not apply to companies – no uphold This headnote does not form part of the decision. Summary [1] A disagreement about the control of ice skating on Lake Ida between the Lake Ida Sports Association and the surrounding landowners was covered in a news item. The item, broadcast on 3 News on 26 July 2001 beginning at 6. 00pm, included footage of a trespass notice....

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
Moore and TVWorks Ltd - 2009-036
2009-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about armed robbery at a Burger King restaurant – interviewed one of the hostages – image was blurred – allegedly unfair and in breach of privacy Findings Standard 3 (privacy) – hostage not identifiable in the broadcast – no private facts disclosed – not upheld Standard 6 (fairness) – hostage consented to the interview – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 27 January 2009, reported on an armed robbery at a Burger King restaurant in Auckland in which five staff had been held hostage. The reporter stated that "a female hostage told 3 News she kept reliving the moments she thought would be her last, and she still can’t bear to be identified"....

Decisions
Family First New Zealand and Stephens and TVWorks Ltd - 2010-092
2010-092

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on a Labour MP using his ministerial credit card to purchase pornographic films while staying at hotels – presenter mentioned that people had been making suggestions on the website Twitter about possible titles of the films, including “Bipartisan Bitches” – allegedly in breach of good taste and decency, responsible programming and children’s interests FindingsStandard 1 (good taste and decency) – remarks light-hearted attempt at humour – contextual factors – not upheld Standard 9 (children’s interests) – sexual innuendo was too sophisticated for children to understand – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

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
Van Helmond and TVWorks Ltd - 2009-146
2009-146

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a threat made against MP Sue Bradford that was published under the username GarfieldNZ on the website Twitter – news reporter tracked down the individual who owned the username – contained footage of reporter knocking on the front door of the individual’s house and talking to him about the threat – allegedly in breach of privacy and fairness standards Findings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 5 (accuracy) – item showed the wording of the Twitter message – viewers not misled – not upheld Standard 6 (fairness) – footage of door-stepping did not disadvantage the complainant – complainant’s response provided to viewers – not upheld This headnote does not form part of the decision....

Decisions
Scott and TVWorks Ltd - 2008-041
2008-041

Complaint under section 8(1A) of the Broadcasting Act 19893 News – item on “Chloe of Wainuiomata” receiving diversion for shoplifting – allegedly in breach of privacy Findings Standard 3 (privacy) – private facts disclosed were in the public arena – not upheld (This headnote does not form part of the decision. ) Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 30 April 2008, reported that Chloe, a woman who gained notoriety in a 1990s television programme and who was nicknamed “Chloe from Wainuiomata”, had been charged with shoplifting. During the item, the presenter stated: Chloe, whose slippers made her a 90s celebrity, has been charged with shoplifting. The court heard that Chloe, formally of Wainuiomata, tried to steal twenty three dollars and sixty four cents worth of pet care products from a Napier supermarket....

Decisions
Harris and CanWest TVWorks Ltd - 2005-049
2005-049

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting the court appearance of a man charged with accessing child pornography – showed two men standing at a vending machine – face of the accused not shown, side profile of the other man was shown – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – no private facts disclosed – not upheldStandard 6 (fairness) – item implied complainant was defendant on child pornography charges – incorrect – seriously unfair – upheldOrderCosts to the Crown of $3000This headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News on TV3 at 6pm on 7 March 2005 reported on the court appearance of a man charged with accessing child pornography via the internet. The reporter said that due to a judge’s ruling, 3 News was unable to name the alleged offender....

Decisions
The Warehouse Group Ltd and CanWest TVWorks Ltd - 2004-202
2004-202

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....

Decisions
Gardner, Phillips and Smith and TVWorks Ltd - 2012-018
2012-018

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Decisions
Tonks and TV3 Network Services Ltd - 2000-126
2000-126

Complaint3 News – possible cure for cancer – deceptive – misleadingFindingsStandard G7 – not applicable Standard G11 – not applicable Standard G15 – no uphold This headnote does not form part of the decision. Summary A dietary supplement made from pig pancreatic enzymes was said to provide a possible cure for cancer, according to an item on 3 News broadcast on 11 May 2000 between 6. 00–7. 00pm. Murray Tonks complained to TV3 Network Services Ltd, the broadcaster, that the item lacked scientific credibility and that it was apparent that there was no independently verified research findings which backed the claims made. In his view, the item used a deceptive programme practice and was misleading, as it could have raised false hopes for cancer sufferers....

Decisions
Both and MediaWorks TV Ltd - 2015-100 (14 April 2016)
2015-100

Summary[This summary does not form part of the decision. ]A 3 News item reported on allegations of widespread doping amongst Russian athletes and included a reference to the disqualification of a Belarussian shot-putter at the London Olympics. The Authority did not uphold a complaint alleging the item was misleading, unbalanced and denigrated Russians by failing to differentiate between Belarus and Russia. The reporter accurately described the Belarussian athlete and the Russian Olympic team, and in the context of the item viewers would not have been misled into thinking Belarus and Russia were the same country. The item portrayed a range of significant viewpoints on the allegations of doping amongst Russian Olympic athletes and did not contain any material which discriminated against, or denigrated, Russians. Not Upheld: Accuracy, Controversial Issues, Discrimination and DenigrationIntroduction[1] A 3 News item reported on allegations of widespread doping amongst Russian athletes....

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