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Signer and TVWorks Ltd - 2012-039
2012-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – item reported on trials of the ‘Urewera Four’ – reporter referred to original Urewera terror raids and stated that “17 people were arrested and initially charged under the Terrorism Suppression Act” – broadcaster upheld complaint that this statement was inaccurate because no one had been charged under that Act – action taken by the broadcaster allegedly insufficient Findings Action Taken: Standard 5 (accuracy) – action taken by TVWorks was insufficient – error should have been corrected at earliest appropriate opportunity – upheld No Order This headnote does not form part of the decision.  ...

Decisions
Radojkovich and TVWorks Ltd - 2010-039
2010-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – segment looked at an upcoming documentary called “How to Spot a Cult” – included an interview with an expert on religion and cults, Dr Dennis Green – comments made about Destiny Church and other religious groups – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item did not involve a “discussion” of a controversial issue of public importance as envisaged by the standard – not upheld Standard 6 (fairness) – people and organisations referred to in the item were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A segment on Sunrise, broadcast on TV3 at 8. 56am on Wednesday 25 November 2009, previewed an upcoming Inside New Zealand documentary called “How to Spot a Cult”....

Decisions
Howe and Torrey and TVWorks Ltd - 2009-130
2009-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – teaser for upcoming item contained footage of bare-breasted women – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was fleeting and shown from a distance – factual report – contextual factors – not upheld by majority This headnote does not form part of the decision. Broadcast [1] At the beginning of 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, the presenters highlighted the major stories of the evening, one of which concerned the Auckland “Boobs on Bikes” parade. As footage of the parade was briefly shown, the presented stated: And not just boobs on bikes, there are bazookas on tanks as well. [2] The footage of the parade included a shot of four bare-breasted women standing up in a convertible car....

Decisions
Ministry of Social Development and TVWorks Ltd - 2007-125
2007-125

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – items reported that the Ministry of Social Development had hired a “prominent drag queen to motivate staff” – reported that the National Party believed taxpayers’ money was being wasted – allegedly inaccurate and unfairFindings Standard 5 (accuracy) – items implied MSD had hired a drag artist as a motivational speaker – MSD had really hired Edward Cowley as a professional facilitator – misleading and inaccurate – upheld Standard 6 (fairness) – unfair to MSD and to Mr Cowley – upheld Standard 4 (balance) – subsumed into Standards 5 and 6 Order Section 16(4) – payment of $2500 costs to the Crown This headnote does not form part of the decision....

Decisions
Binnie and 5 Others and TVWorks Ltd - 2010-097
2010-097

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about latest season of local drama series Outrageous Fortune – contained clips of sex scenes from the series – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – inclusion of sex scenes was gratuitous in a news item – warning did not excuse that level of sexual material – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers by including sexual material in a news item broadcast during children’s normally accepted viewing times – upheld Standard 8 (responsible programming) – guidelines relating to promos and advertisements not applicable to news item – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $4,000 costs to the Crown This headnote does not form part of the decision....

Decisions
Family First New Zealand and Stephens and TVWorks Ltd - 2010-092
2010-092

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on a Labour MP using his ministerial credit card to purchase pornographic films while staying at hotels – presenter mentioned that people had been making suggestions on the website Twitter about possible titles of the films, including “Bipartisan Bitches” – allegedly in breach of good taste and decency, responsible programming and children’s interests FindingsStandard 1 (good taste and decency) – remarks light-hearted attempt at humour – contextual factors – not upheld Standard 9 (children’s interests) – sexual innuendo was too sophisticated for children to understand – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Swinerd and TVWorks Ltd - 2012-030
2012-030

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homeland – programme contained brief nudity and sex scene – pre-broadcast warning for “sexual material” – allegedly in breach of good taste and decency, and responsible programming standards FindingsStandard 1 (good taste and decency) – warning for “sexual material” was adequate to cover the content in the programme – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and preceded by an adequate warning – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Homeland, a drama series in which the CIA investigates a possible terrorist threat, was broadcast on TV3 at 8. 30pm on 20 February 2012. At approximately 8. 50pm a woman was shown topless, being interviewed to be part of a Saudi prince’s harem....

Decisions
Swadling and TVWorks Ltd - 2012-062
2012-062

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint....

Decisions
Van der Merwe and TVWorks Ltd - 2011-141
2011-141

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News: Firstline – item reported on protestor at St Peter’s Square who shouted “Pope, where is Christ?” – newsreader commented, “He’s here. His name’s Richie McCaw” – allegedly in breach of discrimination and denigration standard Findings Standard 7 (discrimination and denigration) – comment was intended to be humorous and did not carry any invective – broadcast did not encourage denigration of, or discrimination against, Christians as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News: Firstline, broadcast on TV3 at 8am on 24 October 2011, reported on a protester who climbed the walls surrounding St Peter’s Square and set fire to a bible....

Decisions
Hashimoto and TVWorks Ltd - 2011-005
2011-005

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on anti-whaling demonstrations targeted at Japan – reporter stated, “. . . protesters marched through the streets of Auckland calling for illegal whaling to be stopped” – allegedly inaccurate FindingsStandard 5 (accuracy) – reference to “illegal whaling” not a material point of fact – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Friday 5 November 2010, reported on New Zealand anti-whaling activists that took part in worldwide demonstrations targeted at Japan. The newsreader introduced the item as follows: Today is International Whaling Day and to mark it hundreds of protestors marched in Auckland and Wellington....

Decisions
Simon and TVWorks Ltd - 2011-166
2011-166

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about launch of Green Party election campaign contained brief, out-of-focus background image of a person’s “butt crack” – allegedly in breach of good taste and decency, privacy and fairness standards FindingsStandard 1 (good taste and decency) and Standard 6 (fairness) – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on 6 November 2011, reported on the launch of the Green Party’s election campaign. Green Party co-leader Russell Norman was shown addressing the attendees at the launch from a stage, and the camera panned down to focus on a baby in a pram. In the background of the shot of the baby, a person’s “butt crack” was briefly visible....

Decisions
James and TVWorks Ltd - 2009-127
2009-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade – contained footage of bare-breasted women – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – footage was fleeting and taken from a distance – not salacious – preceded by a warning – contextual factors – not upheld Standard 9 (children’s interests) – contained warning to advise parents – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, reported on the “Boobs on Bikes” parade in Auckland....

Decisions
Bennett and TVWorks Ltd - ID2010-106
ID2010-106

This decision was successfully appealed in the High Court: CIV 2010-485-2161 PDF106. 39 KBMember Tapu Misa declared a conflict of interest and did not participate in the Authority's determination of this interlocutary matter. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about meeting between Minister of Social Development and woman whose benefit details had been publicly released by the Minister – question of whether Authority has jurisdiction to accept a referral of the complaint Ruling29 April news item – majority decision – Authority has jurisdiction to accept the referral30 April news item – Authority does not have jurisdiction to accept the referralThis headnote does not form part of the decision....

Decisions
Evans and TVWorks Ltd - 2010-185
2010-185

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – story about former cricketer Shane Warne reportedly having an affair with Liz Hurley – referred to his past indiscretions and showed images of him with topless women, with their breasts blurred – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – images were brief, dark and indistinct – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 13 December 2010, reported that former Australian cricketer Shane Warne was rumoured to be having an affair with model and actress Liz Hurley....

Decisions
Moore and TVWorks Ltd - 2009-036
2009-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about armed robbery at a Burger King restaurant – interviewed one of the hostages – image was blurred – allegedly unfair and in breach of privacy Findings Standard 3 (privacy) – hostage not identifiable in the broadcast – no private facts disclosed – not upheld Standard 6 (fairness) – hostage consented to the interview – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 27 January 2009, reported on an armed robbery at a Burger King restaurant in Auckland in which five staff had been held hostage. The reporter stated that "a female hostage told 3 News she kept reliving the moments she thought would be her last, and she still can’t bear to be identified"....

Decisions
Taylor and TVWorks Ltd - 2010-148
2010-148

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial of appliance repairers – presenter stated that a home owner is not allowed to connect a plug to an electrical appliance without approval from an electrical inspector – allegedly inaccurate FindingsStandard 5 (accuracy) – presenter’s statement did not accurately reflect relevant legislation and regulations – broadcaster made reasonable efforts to ensure accuracy – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Target, broadcast on TV3 at 7. 30pm on 7 September 2010, a hidden camera trial was conducted which evaluated three appliance repairers who were called in to fix an electrical cord connected to a fridge....

Decisions
Henderson and TVWorks Ltd - 2011-126
2011-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for The Jono Project – contained brief silhouette image of a woman bouncing up and down apparently having sex – allegedly in breach of good taste and decency, responsible programming and children’s interests standards Findings Standard 1 (good taste and decency), Standard 8 (responsible programming), and Standard 9 (children’s interests) – image was fleeting, dark and relatively indistinct – promo did not contain any AO material – promo appropriately classified PGR and screened during Dr Phil – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 1. 30pm during Dr Phil, broadcast on TV3 on 22 and 23 September 2011, a promo for The Jono Project was shown, which contained a brief silhouette image of a woman bouncing up and down, apparently having sex....

Decisions
Coburn and TVWorks Ltd - 2011-173
2011-173

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – contained sexual content and innuendo – allegedly in breach of standards relating to good taste and decency, responsible programming and children’s interestsFindingsStandard 1 (good taste and decency) – sexual content was subtle and inexplicit – nature of sexual innuendo would have gone over the heads of younger viewers – not upheldStandard 9 (children’s interests) – content was not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheldStandard 8 (responsible programming) – the episode was correctly rated PGR and screened in appropriate time-band – not upheldThis headnote does not form part of the decision. Introduction[1] An episode of the cartoon comedy Family Guy was broadcast on FOUR at 7. 30pm on Thursday 20 October 2011....

Decisions
Shaxon and TVWorks Ltd - 2012-048
2012-048

omplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promos for The Almighty Johnsons, Sons of Anarchy and Terra Nova – broadcast during Dr Phil at approximately 1. 30pm – contained images of weapons including a knife and guns – allegedly in breach of standards relating to good taste and decency, children’s interests and violence Findings Standard 1 (good taste and decency), Standard 9 (children’s interests), and Standard 10 (violence) – promos did not contain any AO material – promos appropriately classified PGR and screened during Dr Phil which was classified AO – broadcaster adequately considered children’s interests and exercised sufficient care and discretion in dealing with the issue of violence – not upheld This headnote does not form part of the decision.  ...

Decisions
CP and TVWorks Ltd - 2012-069
2012-069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

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