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Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looking at possible reasons for high crime statistics for young Māori – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – item did not purport to cover all perspectives – discussed one part of the wider issue – period of current interest still open – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Māori community or the youths interviewed – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes entitled “Māori Challenge” was broadcast on TV3 at 7. 30pm on 18 April 2005. The item explored a possible link between the high rate of Māori criminal offending and the way in which male aggression may be seen as important to Māori identity, particularly through the haka....

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. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer described the programme Studentville, which showed footage of students drinking and at various stages of intoxication during the "Uni Games", as a 30-minute advertisement for binge drinking. He complained that the message of the programme was "have fun by binge drinking", and this breached standards for socially responsible liquor promotion, and law and order. The Broadcaster's ResponseCanWest said the Studentville series recorded the life of students from all university campuses throughout the year. Many of the events and parties shown during the series had featured students drinking to excess, and this was part of the New Zealand university culture....

Sex and the City – two promos shown on TV3 – promo one showed marijuana use – broadcast at 1. 20pm on Saturday – promo two showed couple apparently engaged in sexual intercourse – broadcast at 1. 00pm on Friday – both allegedly breached standards relating to good taste and decency, maintenance of law and order, classification and children’s interests....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – panel discussion about power outage in Auckland – complainant alleged that programme gave the impression that the discussion was live, when it was pre-recorded – allegedly inaccurate, unfair and in breach of programme information standardFindingsStandard 5 (accuracy) – no statements of fact alleged to be inaccurate – standard does not apply – not upheld Standard 6 (fairness) – no person or organisation alleged to be treated unfairly – standard does not apply – not upheld Standard 8 (programme information) – standard requires viewers to be disadvantaged before breach will be found – no disadvantage to viewers – not upheldThis headnote does not form part of the decision Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 12 June 2006, included a panel discussion about a recent power outage in Auckland....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss made by naturopath – allegedly inaccurate Findings Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and become healthier. Series two of the programme was broadcast on Tuesday evenings at 7. 30pm on TV3 between September 2006 and June 2007. The Downsize Me! team consisted of Dr Simon Mayhew, personal trainer Lee-Ann Wann, and naturopath Damian Kristof. Complaint [2] Nikki Talacek made a formal complaint about the 22 and 29 May episodes of Downsize Me! to CanWest TVWorks Ltd, the broadcaster. She alleged that Standard 5 (accuracy) had been breached with respect to a number of statements....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – documentary about Phenomena Academy in Fiordland – NZQA accredited institution that teaches how to be healthy and happy – questions raised as to whether students under undue influence from Academy’s founder Aiping Wang – focussed on experience of four former students who were critical of her methods – complaint made by general manager of Academy – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – Academy representatives given adequate opportunity to respond to the allegations – lengthy interviews with Aiping Wang and with complainant – views were clearly communicated – not upheld Standard 5 (accuracy) – two statements inaccurate – other statements not inaccurate – not unnecessarily alarmist – no evidence of lack of editorial independence – upheld on two aspects Standard 6 (fairness) – participants given adequate and reasonable opportunity to respond to allegations made – views were clearly…...

Complaint 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, unfair and denigratoryFindingsPreliminary findings – Authority applied TVNZ v VoTE approach to New Zealand Bill of Rights Act – Authority must consider whether finding a breach of standards would impose unreasonable limitation on free speech Standard 1 (good taste and decency) – contextual factors favour broadcaster – public interest does not require finding a breach of standards simply because broadcasts lampooned Catholicism – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high threshold in light of protection given to satire in 6(g)(iii) – threshold one of vitriol or hate speech – fact that offence caused of itself insufficient to find breach of standard – programmes not realistic as complainant alleged – not upheld Standard 6 (fairness) – satirical programmes would only be unfair in…...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – video footage of Kenneth Bigley, a British hostage in Iraq, shackled in a cage pleading for help from the British Government – alleged breach of privacy Findings Standard 3 (Privacy) and Guideline 3a – broadcast was in the public interest – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at 6pm on 30 September 2004 showed video footage of Mr Kenneth Bigley, a British hostage in Iraq. The video showed Mr Bigley shackled in a cage pleading for help from the British Government. Complaint [2] J M Copland complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item constituted a breach of broadcasting standards relating to the privacy of the individual....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item reporting research into filicide, where parents murder their children – presenter noted that filicide “is often committed by men” – interviewed two women whose partners had murdered their children and referred to a third case where a mother had murdered her daughters – allegedly unbalanced and unfair FindingsStandard 4 (balance) – item did not discuss a controversial issue of public importance in terms of balance standard – not upheld Standard 6 (fairness) – complainant did not allege that any person or organisation taking part or referred to in the broadcast was treated unfairly – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast at 7....

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....

Complaint 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, unfair, unbalanced and in breach of children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – standard does not apply – not upheld Standard 6 (fairness) and guideline 9g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 9 (children’s interests) – time of broadcast – standard does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Popetown, called “Derby Day” screened on C4 at 9. 30pm, on 10 August 2005....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989CSI Miami – series about crime scene investigation team – episode about a man who had been murdered and tied to his bed after having been sexually assaulted – allegedly contrary to children’s interestsFindings Standard 9 (children’s interests) – programme in Adults Only timeband – preceded by warning – established programme with established format – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of CSI Miami screened on TV3 at 8. 30pm on 16 July 2004. The series centred around a crime scene investigation team in Miami. [2] In the first few minutes of the programme, the crime scene investigation team entered a deceased man’s house to find him tied to his bed and covered with a blanket....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item entitled “Fair Game” explored the question of whether fish feel pain – focussed on big game fishing – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – significant viewpoints presented – not upheld Standard 5 (accuracy) – item was not inaccurate on points of fact – not upheld Standard 6 (fairness) – not unfair to deep-sea fishermen – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 18 October 2004, was entitled “Fair Game” and explored the question of whether fish feel pain. The item centred on big game fishing and the introduction said: Bullfighting, cock fighting, bear baiting. Some cultures have delighted in prolonging the torment of animals, under the guise of some sort of noble contest....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sports Tonight – reporter interviewing supermarket staff and patrons – ate a lolly from one of the bulk bins – allegedly in breach of law and orderFindings Standard 2 (law and order) – light-hearted prank – viewers not encouraged to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Sports Tonight broadcast on TV3 at 11. 15pm on 11 March 2005 featured a reporter interviewing supermarket staff and patrons about sports trivia. During the segment, the reporter ate a lolly from one of the bulk bins. Complaint [2] Stephen Ross complained to CanWest TVWorks Limited, the broadcaster, that the actions of the reporter had amounted to theft under the Crimes Act 1961. By broadcasting the item to “the easily influenced public”, he contended, CanWest had endorsed the reporter’s actions....

Complaint 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 unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9. 30pm on 22 June 2005. The series was set in a fictional Vatican City (called Popetown), and was centred around a young priest called Father Nicholas, a group of corrupt cardinals and a child-like Pope character. [2] During the episode on 22 June 2005, Father Nicholas became a wrestling hero after accidentally knocking out pro-wrestler “Ivan the Invincible”....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....