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Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Prince Philip’s birthday – host noted that the Prince had criticised a number of ethnic and social groups over the years – host mentioned the right to freedom of expression – showed a picture of Prince Philip defaced with a moustache and horns, with a speech bubble saying “I’m a dork” – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – innocuous prank – raised no issue of good taste and decency – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 6 (fairness) – not unfair to Prince Philip – not upheldThis headnote does not form part of the decision....

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....

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]....

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…...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about snipers in Baghdad shooting American soldiers – showed footage of nine soldiers being shot – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – strong warning – images were an integral part of the story – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on 10 November 2006, reported the recent occurrence of snipers shooting American soldiers in Baghdad, Iraq, and videotaping the shootings. As the reporter spoke, images of nine soldiers being shot were shown during the item. The following verbal warning preceded the item: A warning, the pictures in this report by ITV’s Bill Nealy could be very disturbing....

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....

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 19893 News – news item referring to previous evening's TV3 programme entitled Let Us Spray – discussed a serum study investigating exposure to dioxins among residents of Paritutu – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – subsumed into consideration of Standards 5 and 6Standard 5 (accuracy) – three inaccurate statements – upheldStandard 6 (fairness) – unfair to ESR – upheldOrdersSection 13(1)(a) – broadcast statement Section 16(1) – costs to ESR $3,000 Section 16(4) – costs to the Crown $2,500This headnote does not form part of the decision....

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....

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....

Due to Ms Morris’ membership of the Waitangi Tribunal, and participation in the Tribunal’s Inquiry into the Crown’s Foreshore and Seabed Policy in March 2004, the complainant and the broadcaster were consulted prior to consideration of this complaint by the Authority. Both agreed Ms Morris did not have a conflict of interest. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – segment on the Foreshore and Seabed Bill entitled Your Shore, Our Shore – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – other perspectives acknowledged – wide media coverage of the issue – not upheld Standard 5 (accuracy) – misrepresentations of Court of Appeal decision and Foreshore and Seabed Bill – two aspects upheld Standard 6 (fairness) – subsumed under Standard 4Order Broadcast of statement This headnote does not form part of the decision....

An appeal against this decision was dismissed in the High Court: CIV 2006-485-002633 PDF78. 95 KB Complaint under section 8(1)(c) of the Broadcasting Act 1989Inside New Zealand – Stake Out: Models Exposed – hidden camera footage of magazine editor photographing models in his bedroom and in an apartment – allegations in the programme that he was not honest about how the models’ photographs would be used – allegedly in breach of privacyFindingsStandard 3 (privacy) – privacy principles (i), (iii) and (vi) relevant – no private facts revealed therefore privacy principle (i) not breached – broadcast of hidden camera footage was in breach of privacy principle (iii) – no public interest – upheldOrderSection 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $3,000 Section 16(1) – payment of costs to the complainant $393....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – “Sex and the City” – investigated street prostitution in Christchurch – particular concern about under-age prostitutes – allegedly unbalanced in that the item did not acknowledge the changes since the Prostitution Reform Act 2003FindingsStandard 4 (balance) – the item dealt with street prostitution in Christchurch – a controversial issue of public importance dealt with in a balanced way – not upheldThis headnote does not form part of the decision. Broadcast [1] “Sex and the City” investigated street prostitution in Christchurch and focused on under-age prostitutes. The item, broadcast on TV3’s 60 Minutes at 7. 30pm on 23 February 2006, referred to a number of incidents in Christchurch when street prostitutes had been the victims of violence. The item also included interviews with an older experienced prostitute and with a younger partially-disguised 18-year-old prostitute....

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....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – consumer affairs programme – hidden camera footage showing check-in procedures at four airlines – reporter commented that Qantas attendant had shown “incredibly unprofessional customer service” – allegedly unfair and a breach of privacy Findings Standard 3 (privacy) – no private or public facts disclosed – complainant had no interest in solitude or seclusion – not upheld Standard 6 (fairness) – broadcast of hidden camera footage not unfair when individual filmed in a public place in an employment situation interacting with member of the public, and where footage fairly represents what occurred – complainant unnecessarily identified, but overall not treated unfairly – no humiliation – editing of programme and presenter’s comments were fair – not upheld This headnote does not form part of the decision....

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 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 1989Inside New Zealand: Leaving the Exclusive Brethren – experiences of five people who had left the Exclusive Brethren – allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsStandard 3 (privacy) – no private facts revealed – no offensive intrusion – not upheld Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Exclusive Brethren – not upheldThis headnote does not form part of the decision. Broadcast [1] A documentary entitled Inside New Zealand: Leaving the Exclusive Brethren was broadcast on TV3 at 8. 30pm on 18 August 2005. The programme followed the experiences of five people who had left the Exclusive Brethren....

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....