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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-025 Decision No: 1998-026 Decision No: 1998-027 Dated the 12th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A J DICKSON of Tauranga and PHILLIP DUNLOP of Pokeno and ROBIN MCMILLAN of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

ComplaintIce As – skit about eating St Bernard dogs – offensive behaviourFindingsStandard G2 – context – no uphold This headnote does not form part of the decision. Summary A skit satirising media comment by the MP for Tauranga, Winston Peters, about an alleged trade in New Zealand bred St Bernard dogs for consumption in Asia, was featured at intervals during an episode of Ice As. The programme was broadcast on TV3 at 7. 30pm on 20 May 2000. Charmaine Kendrick complained to TV3 Network Services Ltd, the broadcaster, that the skit was "ill informed and in appalling taste". She also considered that the item’s Tauranga focus was offensive, as she was a St Bernard breeder in that area....

Summary The successful apprehension of a drug smuggler by Customs officials was shown on Inside New Zealand: Protecting our Borders on TV3 on 31 March at 8. 30pm. C, the woman featured, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act that her privacy was breached. She maintained that she was clearly recognisable from the footage and argued that the report which showed her arrest ignored her rights as an individual because she did not have any warning of its broadcast, and did not give consent to the broadcast. C also complained to TV3 Network Services Ltd about breaches of other broadcasting standards. Those matters were not referred to the Authority. TV3 maintained that C was not identifiable from the footage, and it therefore did not consider that there had been any breach of her privacy....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Download a PDF of Decision No. 1991-060:Rout and TV3 Network Services Ltd - 1991-060 PDF268. 06 KB...

Download a PDF of Decision No. 1993-157–158:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1993-157, 1993-158 PDF607. 77 KB...

Download a PDF of Decision No. 1993-039:Sharp and TV3 Network Services Ltd - 1993-039 PDF317. 17 KB...

SummaryThe police response to a drink-drive incident was featured on Emergency Heroes broadcast by TV3 on 23 February 1999 at 7. 30pm. A man was seen being arrested for driving with a blood alcohol level over the legal limit. His voice and facial features were partially obscured in the programme, although promos for the programme were broadcast unaltered. JD, the convicted driver, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his privacy had been breached by the broadcast of the promos, which did not conceal his identity at all, and by the programme, because he maintained it inadequately concealed his identity. TV3 Network Services Ltd responded to the Authority that JD had given consent at the time of his arrest to the broadcast of the footage, and had known the purpose for which it was being filmed....

Download a PDF of Decision No. 1992-033:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1992-033 PDF229. 66 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-147 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHERYL PHILPS of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-166 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOSH MOORE of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FAMILIES APART REQUIRE EQUALITY INC (FARE) Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

ComplaintAmerican Sex – nudity and sexual activity – no educational value – sensational and offensive FindingsStandard G2 – AO rating – clear warning – broadcast at 9. 30pm – activity involved consenting adults – not gratuitous – majority – no uphold Standard G12 – not naturally accepted viewing times for children – no uphold This headnote does not form part of the decision. Summary An episode of American Sex was broadcast on TV3 between 9. 30 – 10. 30pm on Saturday 9 December 2000. The series was publicised as a light-hearted look at the American sex industry. Mr Harang complained to TV3 Network Services Ltd, the broadcaster, that as the programme included scenes of naked women and sexual activity, it was offensive and unsuitable for children. TV3 responded that American Sex screened an hour after the AO watershed and was preceded by a written and verbal warning....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – item about big budget films to be made in New Zealand – movie clip shown included a shot of a woman falling off her chair and her dress flying up – allegedly offensive and contrary to interests of child viewers FindingsStandard 1 (good taste and decency) – context – inexplicit – not upheld Standard 9 (children’s interests) – not unsuitable for children in context – not upheld This headnote does not form part of the decision. Broadcast [1] An item about the number of big budget films to be made in New Zealand featured on 3 News at approximately 6. 20pm on 7 June 2004. The item included interviews with two leading actors who said they were looking forward to working in New Zealand, one of whom was Jack Black....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-157 Decision No: 1997-158 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP NEWMAN of Te Awamutu Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An incident involving a BB pistol was the subject of the lead news item on Nightline on 27 April 1999. It was reported that there had been "another school shoot-up" and that a student had been "caught up in the fury of the armed confrontation". The school’s principal had not been forthcoming when asked about the incident, according to the report. Mr Jackson, Editor of the Northland Age newspaper, complained to TV3 that its coverage of the incident was inaccurate and sensationalist and bore no relationship to the actual event which occurred. In his view, the reporter had elected to embellish the facts, despite having been given an accurate account of what had happened. He also objected to the report’s contention that the school’s principal had not been forthcoming when asked to comment....

ComplaintFlirting with Disaster – comedy movie – scene during which wife and husband engage in oral sex while he holds their baby – bad taste – unsuitable for children FindingsStandard G2 – context – no uphold Standard G12 – upheld by TV3 – action taken sufficientThis headnote does not form part of the decision. Summary [1] Flirting with Disaster, a comedy movie, was broadcast on TV3 at 8. 30pm on 10 August 2001. [2] Jackie Shields complained to TV3 Network Services Ltd, the broadcaster, about a scene during the movie where the main character’s wife appears to be engaging in oral sex while he holds their baby. She considered this material was "totally unacceptable" at the time it was broadcast, and unsuitable for children. [3] TV3 declined to uphold the standard G2 aspect of the complaint....

Download a PDF of Decision No. 1992-001:Cowan and TV3 Network Services Ltd - 1992-001 PDF262. 35 KB...

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....