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Li and CanWest TVWorks Ltd - 2006-064
2006-064

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item investigating “claims that China harvests the organs of executed prisoners for transplants at a price” – included secret footage from transplant centre where staff admitted the practice – reported concerns of British transplant surgeons about lack of consent from prisoners – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to any person or organisation taking part or referred to – not upheld Standard 8 (programme information) – subsumed under Standards 5 and 6This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 20 April 2006, 3 News broadcast an item about organ harvesting in China....

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
Bucknell and Television New Zealand Ltd - 2004-042
2004-042

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Father Ted – alleged crude humour – alleged disgraceful portrayal of Christian leadersFindings Standard 6 (fairness) – Guideline 6g – Father Ted does not encourage denigration of or discrimination against Roman Catholic priests – legitimate work of humour – not upheld This headnote does not form part of the decision. Broadcast [1] Father Ted is a long running British comedy series. A repeat of episodes from the second series screened on TV One on Saturday evenings in November 2003 at 7. 30pm. Television New Zealand Ltd described Father Ted as a series which “makes fun of human foibles through the adventures of a small group of Roman Catholic priests assigned to a remote, fictional island off the coast of Ireland. ” The complainant watched the episodes broadcast on 22 and 29 November....

Decisions
OK Gift Shop Ltd and CanWest TVWorks Ltd - 2004-199
2004-199

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Item on 3 News focussing on the sale of imported jade marketed as New Zealand pounamu – complainant’s shop identified – interior of shop shown in hidden camera sequence – unrelated shop assistant shown – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – subsumed under fairness Standard 5 (accuracy) – subsumed under fairness Standard 6 (fairness) – shop clearly identified – no opportunity given to comment – hidden filming unjustified – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast at 6pm on 21 September 2004, contained an item reporting on moves taken by Ngai Tahu to control the marketing of pounamu (New Zealand greenstone). The item alleged that overseas jade was being passed off as pounamu....

Decisions
Cone and Radio New Zealand Ltd - 2003-038
2003-038

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Decisions
Chippindale and Television New Zealand Ltd - 2003-172
2003-172

Complaint under section 8(1)(a) of the Broadcasting Act 1989Secret New Zealand – described the investigation into DC10 crash into Mt Erebus in 1979 as the “biggest cover-up” in aviation history – inaccurate – unbalanced – unfair Findings Standard 4 –- no imbalance in regard to the comments made about the complainant’s investigation – no uphold Standard 5 – no factual errors – no uphold Standard 6 – no unfairness to the complainant – no uphold This headnote does not form part of the decision Summary [1] The whereabouts of pages from the captain’s ring-binder notebook was investigated in an episode of Secret New Zealand which looked at the Air New Zealand DC 10 crash on Mt Erebus in Antarctica in 1979. Secret New Zealand is a series which highlights mysterious or unresolved aspects of New Zealand history and the episode complained about was broadcast on TV One at 8....

Decisions
Ranger and Radio New Zealand Ltd - 2002-170
2002-170

ComplaintSaturday Morning – Interview with David Lane of the Society for the Promotion of Community Standards – SPCS – interviewer harangued Mr Lane – unfair FindingsPrinciple 5 – interview abrasive and querulous and subject matter subject to abrupt change – however interviewee is spokesperson for activist group and allowed to express opinion – no uphold This headnote does not form part of the decision. Summary [1] Mr David Lane of the Society for the Protection of Community Standards (SPCS) was interviewed on Saturday Morning, at about 8. 15am on 13 July 2002, about contentious films. [2] Diane Ranger complained to Radio New Zealand Ltd, the broadcaster, that the interviewer shouted and sneered at Mr Lane, spoke in an insulting manner and prevented Mr Lane from putting his view. [3] In response, RNZ described the interview as robust, generally good humoured, and challenging....

Decisions
Lawton and Television New Zealand Ltd - 2002-192
2002-192

ComplaintSunday – Hormone Replacement Therapy (HRT) – results of Women’s Health Initiative reported (WHI) – complainant participated in item as representative of WISDOM – item included minimal scientific facts – potentially frightening – confusing – unbalanced FindingsStandard 4 – purpose of item to pose questions about use of HRT – no uphold Standard 5 – while further information would have been useful, material presented not inaccurate – no uphold Standard 6 – complainant’s views advanced – no uphold This headnote does not form part of the decision. Summary [1] The potential health risks of Hormone Replacement Therapy (HRT) were examined during an item broadcast on Sunday on TV One at 7. 30pm on 4 August 2002....

Decisions
Timberlands West Coast Ltd and Sheaf and TV3 Network Services Ltd - 2000-029
2000-029

Summary Allegations that Timberlands West Coast Ltd had lobbied the government to ensure that it could continue to harvest native forests were put to the company’s Chief Executive in an item on 20/20 titled "Unsustainable PR? " broadcast on 22 August 1999, beginning at 7. 30pm. Mr D L Hilliard, the Chief Executive of Timberlands, and Mr Stephen Sheaf each complained to TV3 Network Services Ltd that the broadcast lacked balance, was biased and unfair, and was intended to mislead viewers. Mr Hilliard, who was interviewed for the programme, also said that he had been misled as to its intention, and had consequently been treated unfairly. In its response, TV3 emphasised that the focus of the story had been Timberlands’ lobbying of the government, and noted that documents it had received indicated there was ample evidence of its having done so....

Decisions
Voluntary Law Association of India New Zealand Inc and Access Community Radio Inc - 2010-162
2010-162

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Punjab – hosts and callers discussed controversy surrounding charges of electoral fraud against a prominent member of the Indian community – caller talked about complaints laid against the police investigating the electoral fraud – allegedly inaccurate and unfair to police FindingsStandard 5 (accuracy) – hosts did not make any unqualified statements of fact – caller’s comments clearly opinion – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] Radio Punjab, a talkback programme, was broadcast on Planet FM at 5pm on Tuesday 12 October 2010. During the programme, the hosts invited callers to comment on controversy surrounding charges of electoral fraud against a prominent member of the Indian community....

Decisions
Cordes and RadioWorks Ltd - 2010-173
2010-173

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989George FM – ran a competition to win $2,500 worth of travel – complainant qualified for entry into the competition but was not included in the final prize draw – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant did not take part and was not referred to on the day of the prize draw so Standard 6 does not apply – unfortunate that a mistake was made but the broadcaster handled the situation appropriately – not upheld Standard 5 (accuracy) – not a news, current affairs or factual programme – not upheld This headnote does not form part of the decision. Broadcasts [1] Between 4 and 8 October 2010, George FM ran a competition with a chance to win $2,500 worth of travel....

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
Hamlett and RadioWorks Ltd - 2011-049
2011-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live News and The Breeze News – news bulletins reported on incident in which a British woman was bitten by a lion cub at Paradise Valley Springs – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statements accurate, or amounted to analysis comment or opinion under guideline 5a – news items not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant was given a fair opportunity to comment on the incident – complainant and Paradise Valley Springs treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A number of news bulletins, broadcast on Radio Live News and The Breeze News on the morning of Monday 13 December 2010, reported on an incident in which a British woman was bitten by a lion cub at Paradise Valley Springs in Rotorua....

Decisions
New Zealand Wheel Clamping Ltd, MacAlpine and Valentic and TVWorks Ltd - 2011-081
2011-081

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

Decisions
Stamilla and TVWorks Ltd - 2011-130
2011-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Decisions
Marevich and TVWorks Ltd - 2011-124
2011-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Noise Control and promo – followed noise control officers in Auckland – NCO called to a party – complainant shown in the background and speaking directly to the camera – allegedly in breach of privacy, fairness, accuracy and responsible programming standards Findings Standard 6 (fairness) – guideline 6c – complainant properly informed of the nature of his participation – item did not contain any unfair statements – complainant treated fairly – not upheld Standard 3 (privacy) – complainant identifiable but no private facts disclosed in the broadcast – complainant did not have an interest in solitude or seclusion – not upheld Standard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Northland District Health Board and TVWorks Ltd - 2011-156
2011-156

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…...

Decisions
Robertson and Television New Zealand Ltd - 2011-162
2011-162

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – reported on case of Sean Davison who faced charges for assisting his mother’s suicide – Mr Davison was shown in court and the complainant in his capacity as a Corrections Officer was briefly visible as he walked behind Mr Davison in the dock – allegedly in breach of privacy, fairness and discrimination and denigration standards FindingsStandard 3 (privacy) – complainant was identifiable – item did not disclose any private facts about the complainant – not upheld Standard 6 (fairness) – footage of complainant was extremely brief – information disclosed did not create an unfair impression of the complainant or cause damage to his reputation or dignity – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – nothing in the item encouraged discrimination or denigration against any section of the community – not upheld This headnote does…...

Decisions
Noble and Television New Zealand Ltd - 2011-117
2011-117

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

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....