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Katavich and TVWorks Ltd - 2010-064
2010-064

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…...

Decisions
Francis, Gouge and Thompson and TVWorks Ltd - 2011-104
2011-104

Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the CE of the EMA that some female workers are less productive because they take sick leave when they are menstruating – interviewed CE and portion of the interview broadcast – included sarcastic comments and caricature of CE singing – panel discussed comments – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – interview footage provided a fair summary of Mr Thompson’s character and conduct – was not necessary in the interests of fairness to broadcast the full interview – items not unfair to Mr Thompson, given his position as a public figure and that the comments reported on were made during a political discussion in the public arena – not upheld by majority Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in…...

Decisions
Jaspers and CanWest TVWorks Ltd - 2007-060
2007-060

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – host stated that Finance Minister the Hon Dr Michael Cullen had “refused to be interviewed by us since October last year” – allegedly inaccurate Findings Standard 5 (accuracy) – conflicting evidence from the parties as to how many invitations were extended to Dr Cullen but agreed that three invitations were made and declined – upholding the complaint would place too great a limit on broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on Thursday 26 April 2007, discussed the latest rise in New Zealand’s interest rates as decided by the Reserve Bank. The host, John Campbell, noted that this was the eleventh rise in interest rates since the beginning of 2004....

Decisions
Memelink and TVWorks Ltd - 2009-045
2009-045

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item about an Auckland all-Chinese club rugby team – showed footage of the team training and playing their first club game – players were shown drinking beer after the game – brand of beer visible – allegedly in breach of liquor promotion standard Findings Standard 11 (liquor promotion) – liquor promotion was socially responsible – 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 26 March 2009, reported on an all-Chinese club rugby team from Auckland. The team’s coach was interviewed and the team was shown training and playing their first rugby match. Just before their match started, the opposition’s coach was show telling his players, "Let’s do it....

Decisions
Kiro and CanWest TVWorks Ltd - 2006-105
2006-105

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item examining proposed amendment to section 59 of the Crimes Act 1961 which would remove the defence of “reasonable force” for parents charged with assaulting their children – interviewed mother and 14-year-old son – allegedly breached the boy’s privacy, was unbalanced, inaccurate and unfair and in breach of children’s interests Findings Standard 3 (privacy) – unable to determine whether the boy consented to the interview – decline to determine Standard 4 (balance) – significant perspectives put forward – not upheld Standard 5 (accuracy) – mother was presenting her own opinion, not statements of fact, and was not an “information source” under guideline 5e – did not need to outline background information about the mother – not upheld Standard 6 (fairness) – boy was exploited under guideline 6f – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to…...

Decisions
Attorney General of Samoa and TVWorks Ltd - 2010-188
2010-188

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?...

Decisions
Goddard and Skelton and TVWorks Ltd - 2012-011
2012-011

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item reported on bullying at Massey High School – contained repeated footage of girls fighting – item was not preceded by a warning – parents and students interviewed expressed dissatisfaction at how the school had handled the incident – allegedly in breach of standards relating to privacy, accuracy, fairness, responsible programming, children’s interests, and violence FindingsStandard 3 (privacy) – students shown in the footage were not identifiable beyond those who would have already known about the altercation – not upheld Standard 6 (fairness) – item did not present itself as a follow-up to the previous story on bullying and was not unfair to X, his parents or Massey in this respect – impression created about fighting and bullying at Massey was not the result of unfairness but stemmed from the facts of the incident and the response of students and parents…...

Decisions
Spence and TVWorks Ltd - 2012-032
2012-032

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – reporter went in search of the famous actor Michael Crawford in Kerikeri – locals were informed that he lived in the area – part of Mr Crawford’s gate was shown – allegedly in breach of privacy FindingsStandard 3 (privacy) – Mr Crawford was identifiable – item did not disclose any private facts about Mr Crawford – not upheld This headnote does not form part of the decision. Introduction [1] During an item on Campbell Live, broadcast on TV3 on 15 March 2012, a reporter travelled to the small Northland town of Kerikeri in search of British actor Michael Crawford at his “South Pacific hideaway”. A number of locals were shown footage of Mr Crawford in his various roles and were informed that he lived in the area....

Decisions
Massey High School and TVWorks Ltd - ID2012-011
ID2012-011

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item reported on bullying at Massey High School – question of whether Authority has jurisdiction to accept a referral of the privacy aspect of the complaint FindingsMassey High School did not refer its complaint to the Authority within the statutory timeframe – original complaint did not constitute a direct privacy referral – Authority does not have jurisdiction to accept the complaint This headnote does not form part of the decision. Introduction [1] An item on Campbell Live, broadcast on TV3 at 7pm on 15 November 2011, reported on bullying at Massey High School (Massey). [2] Massey made a formal complaint dated 29 November 2011, alleging that the item breached standards relating to privacy, accuracy and fairness. That complaint was addressed to the Chair of this Authority and a copy was also sent to the Chief Executive at TV3....

Decisions
Beckett, Cox and Warren and TVWorks Ltd - 2011-047
2011-047

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about “moon man” Ken Ring and his claims he predicted Christchurch earthquakes – John Campbell interviewed Mr Ring – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, children’s interests, responsible programming and violence standards FindingsStandard 6 (fairness) – Mr Ring was treated unfairly – upheld Standard 4 (controversial issues – viewpoints) – Mr Ring’s predictions were a controversial issue of public importance – his views were presented within the period of current interest in other media coverage – not upheld Standard 5 (accuracy) – complainants did not specify which aspects of the programme they considered to be inaccurate, or provide any evidence of inaccuracy – not upheld No Order This headnote does not form part of the decision....

Decisions
Grieve and TVWorks Ltd - 2011-098
2011-098

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on controversial comments made by the chief executive of the Employers and Manufacturers Association that female workers are less productive because they take sick leave when they are menstruating – media commentator stated “if men had periods there would have been a law passed, there would be a menstruation allowance so that all of you could go home and curl up in a ball once a month” – allegedly in breach of the discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – comment did not encourage denigration of, or discrimination against, men as a section of the community – guideline 7a provides exemption for genuine opinion and legitimate humour – not upheld This headnote does not form part of the decision....

Decisions
Luiten and CanWest TVWorks Ltd - 2005-063
2005-063

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Minister of Police had declined to be interviewed – host said that when Cabinet Ministers refused to front up and discuss serious issues, they would receive the “no-show pie” – animation showing a photograph of the Minister of Police with a cream pie being pushed into his face – allegedly in breach of good taste and decency, unfair and in breach of the violence standardFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – not unfair to the Minister – not upheld Standard 10 (violence) – no issue of violence – not upheldThis headnote does not form part of the decision....

Decisions
Riley and TVWorks Ltd - 2010-165
2010-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – host interviewed members of New Zealand Actors’ Equity union on controversy surrounding production of the film The Hobbit in New Zealand – the host stated, “So there is not some Australian with his or her hand up your bum operating you like a puppet?...

Decisions
FD and TVWorks Ltd - 2009-112
2009-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about a man convicted of defrauding ACC who later successfully appealed to the Supreme Court – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – item focused on one man and his successful appeal to the Supreme Court – touched on criticisms of ACC’s conduct which could be controversial and of public importance – broadcast statement from ACC addressing criticisms – not upheld Standard 5 (accuracy) – item omitted information that may have been useful – but did not contain any inaccuracies which amounted to a breach – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on 12 June 2009, featured a man who had been convicted of defrauding ACC, and later won an appeal to the Supreme Court....

Decisions
Tower Insurance Ltd and TVWorks Ltd - 2011-109
2011-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on Christchurch homeowners living in the government’s red zone with regard to their replacement insurance policies – interviewed Tower Insurance customer who had been advised that his replacement insurance would cover the cost of repairing his damaged house but not its full replacement value – visited Tower’s head office – allegedly inaccurate and unfair FindingsStandard 6 (fairness) – Campbell Live exhausted all legitimate methods to obtain comment from Tower – Mr Campbell’s approach polite and non-confrontational – door-stepping used as a means of obtaining information and constructive comment – not unfair to Tower or the receptionist – reference to email a fair summary of its contents – overall Tower treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 This headnote does not form part of the decision....

Decisions
Hodson and TVWorks Ltd - 2012-012
2012-012

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Decisions
Ward and TVWorks Ltd - 2010-027
2010-027

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item on the cats of Zion Wildlife Garden in Whangarei and the organisation’s desire to reverse declawing operations on some of their cats – included comments about former manager Craig Busch in relation to the decision to declaw the cats – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – zoo consultant’s comments were opinion – statement that Mr Busch convinced authorities had a reasonable basis – complainant did not provide evidence to disprove statements about inbreeding or limping tiger – not upheld Standard 6 (fairness) – Mr Busch invited to participate – item included a response from Mr Busch – broadcaster dealt with Mr Busch and ZWG fairly – not upheld This headnote does not form part of the decision....

Decisions
Ross and CanWest TVWorks Ltd - 2006-029
2006-029

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item about the forthcoming South Park “Bloody Mary” episode – item’s introduction included references to religious and cultural beliefs and to media freedom, and showed the alcoholic drink called a “Bloody Mary” – allegedly compared menstrual blood with a cocktail in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – introduction simply a play on words – not upheldThis headnote does not form part of the decision. Broadcast [1] The debate about the forthcoming screening of the South Park “Bloody Mary” episode was dealt with in an item broadcast on TV3’s Campbell Live at 7. 00pm on 20 February 2006. The introduction began: "Tonight the Catholic Church, media freedom, South Park¸ and the episode that dare not speak its name. For our adult viewers, here's a clue. What's this vodka-based drink called?...

Decisions
Dorrance and TVWorks Ltd - 2011-006
2011-006

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – included shot of topless woman – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – nudity was non-sexual and matter-of-fact – part of unclassified current affairs programme aimed at adults – not upheld Standard 9 (children’s interests) – children unlikely to be watching Campbell Live unsupervised – children not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Campbell Live, broadcast on TV3 at 7pm on Friday 17 December 2010, the programme’s reporters each had one minute to review the stories they had worked on during the year 2010....

Decisions
Wang and TVWorks Ltd - 2011-133
2011-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

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