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Hoskin and CanWest TVWorks Ltd - 2005-077
2005-077

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Mummy Returns promo – broadcast on TV3 between 6pm and 7pm, and after 7pm – allegedly in breach of standards relating to children’s interestsFindingsStandard 9 (children’s interests) – 60 Minutes – not in breach of children’s interests – not upheld – 3 News – PGR rated promo broadcast during underlying G-time – children’s interest not sufficiently considered – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TV3 broadcast two promos for the movie The Mummy Returns on 25 April 2005. The first promo was broadcast between 6 and 7pm during 3 News. The second promo was broadcast after 7pm, during 60 Minutes. Complaint [2] Graham Hoskin complained to CanWest TVWorks Ltd, the broadcaster, that the broadcasts were in breach of Standard 9 (children’s interests), noting specifically Guidelines 9a, 9f and 9i....

Decisions
Ministry of Health and CanWest TVWorks Ltd - 2007-012
2007-012

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders....

Decisions
New Zealand Catholic Bishops Conference and CanWest TVWorks Ltd - ID2005-112
ID2005-112

INTERLOCUTORY DECISIONComplaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency and unfair Decision on interlocutory application Request for formal hearing – not required in all the circumstances of the case – declinedThis headnote does not form part of the decision. Background[1] Three episodes of Popetown were broadcast on C4 at 9. 30pm on 29 June, 6 July and 20 July 2005. The animated series was set in a fictional Vatican City (called Popetown), and centred round a young priest called Father Nicholas, a group of corrupt cardinals and a child-like Pope character. [2] An episode called “Trapped” was broadcast on 29 June. The storyline involved the character Sister Marie giving the “Pope” “papal bull” energy drink, whereupon he develops “windy pops”....

Decisions
GH and CanWest TVWorks Ltd - 2006-120
2006-120

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – interview with motorbike stuntman at the Western Springs Speedway – showed footage of two men operating leaf blowers outside the speedway – allegedly in breach of privacyFindingsStandard 3 (privacy) – broadcast did not disclose that complainant was completing a community work sentence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 11 October 2006, included an interview with one of the “Crusty Demons” – a motorbike stunt team which was visiting New Zealand. The item was filmed mostly at the Western Springs Speedway. At the conclusion of the segment, footage of two men operating leaf blowers in a surrounding area of the speedway was shown....

Decisions
King and TVWorks Ltd - 2009-019
2009-019

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item about a woman who believed a company called Christine Layby owed her $900 – woman shown visiting the company director’s home to demand a refund – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) – ownership of a business not a private fact – disclosure of that fact not highly offensive – not upheld Standard 5 (accuracy) – decline to determine three aspects – other aspects related to website material only or interviewees’ own views – not upheld Standard 6 (fairness) – complainant had sufficient opportunity to comment – not unfair – not upheld This headnote does not form part of the decision....

Decisions
Ministry of Health and CanWest TVWorks Ltd - ID2007-012B
ID2007-012B

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory decision on production of field tape of interview with representative from Ministry of Health - featured in 3 News Special entitled "Let Us Spray" on 23 October 2006 - question of whether field tape should be provided to Ministry of Health DecisionAuthority to supply a copy of the field tape to Ministry of Health - section 12 Broadcasting Act 1989 and section 4C Commissions of Inquiry Act 1908 This headnote does not form part of the decision. INTERLOCUTORY DECISION Background [1] A 3 News Special entitled "Let Us Spray" was broadcast on Monday 23 October 2006 at 7. 30pm on TV3....

Decisions
Young and CanWest TVWorks Ltd - 2007-003
2007-003

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting research that men who were not circumcised were three times more likely to contract a sexually transmitted disease than those who were – allegedly unbalanced Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on 7 November 2006 at 6pm on TV3, reported that research carried out by the Christchurch School of Medicine had revealed that men who were not circumcised were three times more likely to contract a sexually transmitted disease than those who were. The reporter said that the study had followed 500 males from birth to 25 years of age....

Decisions
Road Transport Forum New Zealand Inc and CanWest TVWorks Ltd - 2005-100
2005-100

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item investigated claims that truck drivers were working hours in excess of the legal maximum, and that some were using drugs to stay awake – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – reasonable opportunities given to present significant points of view – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Mr Friedlander of the Road Transport Forum NZ – not upheldThis headnote does not form part of the decision. Broadcast [1] An item called “High Way” on 60 Minutes broadcast on TV3 at 7. 30pm on 20 June 2005 investigated claims that truck drivers were working hours in excess of the legal maximum, and that some were using drugs to stay awake....

Decisions
Trimble and Shierlaw and CanWest TVWorks Ltd - 2004-175
2004-175

Complaint under section 8(1)(a) of the Broadcasting Act 1989 60 Minutes – item reporting on the reaction to the proposed Civil Union Bill before Parliament – allegedly unbalancedFindingsStandard 4 (balance) – broadcaster made reasonable efforts to present significant points of view – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on 60 Minutes entitled “Union Trouble” was broadcast on TV3 on 23 August 2004 at 7. 30pm. The focus of this segment was the reaction of various groups to the proposed Civil Union Bill. [2] The broadcast included interviews with the Pastor of the Destiny Church, a gay couple, a lesbian Presbyterian Minister and the managing director of the Maxim Institute. Complaints [3] Rachel Trimble complained to CanWest TVWorks Ltd, the broadcaster, that the 60 Minutes programme was neither balanced nor impartial....

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
Hawkins and CanWest TVWorks Ltd - 2005-045
2005-045

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – footage of an assault on a man charged with child abuse – described as “street justice” – allegedly in breach of law and orderFindings Standard 2 (law and order) – crime was not endorsed or glamorised – “street justice” a colloquialism – broadcaster did not condone assault – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 3 News broadcast on TV3 at 6pm on 1 April 2005 detailed the lifting of name suppression in a prominent child abuse case. The piece contained footage of an assault on the accused that had screened previously when the name suppression order was still in effect. The voiceover stated: Last week when he appeared in court it was street justice being meted out on [the accused]....

Decisions
McCoskrie and CanWest TVWorks Ltd - 2004-201
2004-201

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Simpsons – use of the words “wanker” and “ass” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – PGR classification – PGR timeslot – words used in satirical rather than abusive manner – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of The Simpsons screened on TV3 at 7pm on 30 September 2004. At the beginning of the programme Homer Simpson described his favourite programme about a family of English soccer hooligans, saying “if they’re not having a go with a bird they’re having a row with a wanker”. [2] Later in the episode another character said “it’s a beautiful day to kick your ass”....

Decisions
New Zealand Catholic Bishops Conference and CanWest TVWorks Ltd - ID2005-112A
ID2005-112A

INTERLOCUTORY DECISIONComplaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency and unfair Decision on interlocutory application – second request for formal hearing – further request for hearing made in light of increased public interest in issue of balance between free speech and rights of religious groups to be free from mockeryFindingsAuthority may reconsider interlocutory decision if party presents new relevant information not reasonably able to be adduced at the time of the first application – new information as to increased public interest relevant in the present case – Authority reconsidered earlier decision – increased public interest still insufficient reason of itself to convene formal hearing – application declined. This headnote does not form part of the decision....

Decisions
Denham and CanWest TVWorks Ltd - 2006-071
2006-071

Complaint under section 8(1)(a) of the Broadcasting Act 1989Intellectual Property – video clip showed people in a laundromat using washing machines and dryers for unorthodox purposes – showed a boy taking a dog out of a washing machine and placing it into a dryer – allegedly in breach of good taste and decency, children’s interests and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – not broadcast during “children’s normally accepted viewing times” – standard does not apply – not upheld Standard 10 (violence) – placing dog in a dryer was not an act of violence to which the standard applies – not upheldThis headnote does not form part of the decision. Broadcast [1] The video clip for a song entitled “The Blues are Still Blue”, by Belle and Sebastian, was broadcast on C4 on Intellectual Property at approximately 10....

Decisions
Hegarty and CanWest TVWorks Ltd - 2006-009
2006-009

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – item about security camera outside apartment in Auckland – owners concerned that camera would capture images inside their home – item said the Police had assured them that camera was broken, and once fixed any images would be pixellated – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not discuss issue of controversial public importance – not upheld Standard 5 (accuracy) – one statement misleading – upheld Standard 6 (fairness) – item dealt justly and fairly with the Police – not upheldNo Order This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 30 November 2005, an item was broadcast on 3 News about a security camera positioned outside the apartment of an Auckland couple....

Decisions
Eyeworks Touchdown Limited and CanWest TVWorks Ltd - 2007-009
2007-009

Complaint under section 8(1)(b) of the Broadcasting Act 1989Campbell Live – item reported that a Fijian island used by a New Zealand production company to film the television series Treasure Island, was being “trashed” – interviewed two men who had seen rubbish on the island – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no reasonable basis upon which to conclude that the rubbish was left by Treasure Island production – broadcaster has not provided any evidence to support claims made in the item – inaccurate – upheld Standard 6 (fairness) – unfair to production company – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision....

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
Cosmetic, Toiletry & Fragrance Association of NZ Inc and CanWest TVWorks Ltd - 2006-100
2006-100

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there is no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance – balance standard did not apply – not upheld Standard 5 (accuracy) – did not imply that products which did not comply with the Australian standard for sunscreens were inferior – not inaccurate – not upheld Standard 6 (fairness) – not unfair to compare products for consumer information – clearly based on a family’s opinion – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7....

Decisions
Sumich and Penney and CanWest TVWorks Ltd - 2006-078
2006-078

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item on singles looking for love – showed footage of people apparently at singles party – complainants shown – complainants were not at party – footage of them taken several years ago – allegedly breach of privacy, inaccurate and unfair – accuracy and fairness complaints upheld – privacy complaint declined – complainants referred privacy complaint to AuthorityFindingsStandard 3 (privacy) – no private facts disclosed – not upheldThis headnote does not form part of the decision Broadcast [1] On 29 May 2006, TV3’s Campbell Live, broadcast at 7. 00pm, included an item about singles “looking for love”. The item focussed on a singles party held recently in Auckland, and showed numerous shots of people socialising, apparently at the party, including a shot of the complainants smiling for the camera....

Decisions
Egg Producers Federation of New Zealand Inc and CanWest TVWorks Ltd - 2004-220
2004-220

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Fowl Play” – item about the battery farming of hens – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – controversial issue of public importance – item included Egg Producers’ comment received shortly before broadcast – not upheld Standard 5 (accuracy) – no inaccuracies – some aspects complained about were clearly opinion – not upheld Standard 6 (fairness) – while beak trimming comment verged on unfairness, not unfair – no other unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] Concerns about the battery farming of hens were raised in an item entitled “Fowl Play” broadcast on 60 Minutes on TV3 at 7. 30pm on 20 September 2004. Criticisms were advanced by an activist against the battery farming of hens, and by a farmer of free range hens....

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