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Decisions
Bergman and TVWorks Ltd - 2013-013
2013-013

Complaint under section 8(1C) of the Broadcasting Act 1989Promo for The Graham Norton Show – promo for Christmas special showed a photograph of a couple dressed as Mary and Joseph holding a dog in swaddling clothes – allegedly in breach of broadcasting standardsFindingsStandard 1 (good taste and decency) – content was a light-hearted attempt at humour – would not have offended most viewers in context – innocent lampooning of religious figures comes within the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – content was a light-hearted attempt at humour as opposed to a criticism of Christians – content did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheldThis headnote does not form part of the decision....

Decisions
Ringrose and TVWorks Ltd - 2011-096
2011-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – contained three brief shots of a girl with what appeared to be blood or dirt on her face – allegedly in breach of standards relating to good taste and decency, responsible programming and children’s interests FindingsStandard 8 (responsible programming) – promo correctly rated PGR – images were fleeting and inexplicit – acceptable for child viewers under adult supervision – not upheld Standard 9 (children’s interests) – images were fleeting and inexplicit – broadcast during an unclassified news programme – would not have alarmed or distressed children – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Bones was broadcast on TV3 at approximately 6....

Decisions
Williamson and TVWorks Ltd - 2010-077
2010-077

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item and follow-up item reported on SPCA seizing neglected horses from Douglas Williamson’s farm – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – viewers would not have been misled by either item – not upheld Standard 6 (fairness) – Williamsons were well aware of the nature of the programmes and were given a fair opportunity to comment – not unfair – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on Campbell Live, broadcast on TV3 at 7pm on Tuesday 30 March 2010, was introduced by the presenter saying, “Tonight we’re exclusively with the SPCA and police as they seize dozens of neglected horses from a Christchurch farm. ” The presenter said: . . ....

Decisions
de Villiers and TVWorks Ltd - 2012-103
2012-103

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item reported on high profile immigration case involving Chinese millionaire William Yan – disclosed Mr Yan’s address and showed footage of Mr Yan’s business assistant in the lobby of the apartment building where Mr Yan lived – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – Mr Yan’s address was not disclosed for the purposes of encouraging harassment as envisaged by privacy principle 4 – no evidence that harassment resulted from the disclosure – apartment building lobby was accessible to the public so neither Mr Yan nor his business assistant had a reasonable expectation of privacy there – item did not breach the privacy of Mr Yan or his business assistant – not upheld This headnote does not form part of the decision....

Decisions
Grieve and TV Works Ltd - 2009-002
2009-002

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item broadcast secret recording of comments made by National Party deputy leader Bill English – allegedly unfair Findings Standard 6 (fairness) – broadcast of anonymously supplied tape inherently unfair – however, Mr English had opportunity to comment, John Key provided comment, and 3 News informed viewers of circumstances surrounding the tape – degree of public interest leading up to election – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 4 November 2008, reported that 3 News had been sent a secret recording of comments made by the deputy leader of the National Party, Bill English, at a cocktail party during National's August 2008 conference. The 3 News presenter said, The recording is clearly designed to derail John Key’s election campaign ....

Decisions
Riwai-Couch and TVWorks Ltd - 2012-014
2012-014

Complaint under section 8(1C) of the Broadcasting Act 1989Underbelly: Razor – sex scene broadcast at 8. 42pm – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sex scene amounted to “strong adult material” broadcast close to the Adults Only watershed – broadcaster did not adequately consider children’s interests – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Underbelly: Razor was broadcast on TV3 at 8. 30pm on 30 November 2011. At 8. 42pm, a sex scene was shown, in which a woman was on top of a man in bed. Her breasts were briefly visible, and she could be heard moaning. [2] The episode was preceded by the following visual and verbal warning: This programme is rated Adults Only and is recommended for a mature audience....

Decisions
Dewe and TVWorks Ltd - 2008-076
2008-076

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item on shoplifting – included footage of “security expert” shoplifting from two stores – allegedly in breach of law and order and balance Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld 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 episode of Campbell Live, broadcast on TV3 at 7pm on Monday 9 June 2008, featured a story on shoplifting and the effects it was having both on the business community and New Zealand consumers. [2] The presenter introduced the item by saying: Tonight. . . we look at others caught on camera, caught shoplifting. In fact. . ....

Decisions
Attorney General of Samoa and TVWorks Ltd - 2010-188
2010-188

An appeal against this decision was dismissed in the High Court: CIV-2011-485-1110 PDF1. 92 MBMary Anne Shanahan declared a conflict of interest and did not take part in the determination of this complaint. Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item and follow-up item questioned “Where has all the aid money gone?...

Decisions
Brooking and TVWorks Ltd - 2012-121
2012-121

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – interview with Ruth Money from Sensible Sentencing Trust regarding a proposed amendment to the Parole Act 2002 – Ms Money expressed her view that the amendment “did not go far enough” and that parole hearings should be abolished altogether – allegedly in breach of standards relating to controversial issues, accuracy and fairnessFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheld Standard 5 (accuracy) – Ms Money’s statements amounted to comment and opinion and were therefore exempt from standards of accuracy under guideline 5a – concerns about misleading impression regarding parole board hearing process adequately addressed under controversial issues standard…...

Decisions
Dibble and Wardle and TVWorks Ltd - 2009-135
2009-135

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item featured a woman who claimed to have suffered terrible experiences while in state care in the 1960s – photo shown of the woman as a young child with five other children – allegedly in breach of privacy and accuracy 3 News – item reported on government’s decision to bring forward a review of alleged abuse suffered by people while in state care during the 1960s and 70s – made reference to the 60 Minutes item and the woman who alleged she had been abused – showed the same photo as contained in the 60 Minutes item – allegedly in breach of privacy and accuracy Findings60 Minutes and 3 News Standard 3 (privacy) – children not identifiable beyond close family and friends – did not disclose any private facts – not upheld Standard 5 (accuracy) – viewers would not have been misled…...

Decisions
Souness and TVWorks Ltd - 2010-144
2010-144

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on damage caused by Christchurch earthquake – showed footage of poultry shed – news reader stated “And this is a destroyed battery hen farm, home to 26,000 chickens. Animal rights activists say that up to a third of them were trapped and suffocating” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – statement a material point of fact – said that chickens were “suffocating” not that they had “suffocated” – not upheld Standard 6 (fairness) – complainant and farm not identified – item did not reflect badly on complainant – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 7 September 2010, reported on the large scale damage caused by the Christchurch earthquake....

Decisions
Wyatt and TVWorks Ltd - 2010-081
2010-081

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial of video game retailers – actors aged 16, 14 and 12 years attempted to buy R18 video game – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – viewers saw the hidden camera footage – no evidence to suggest item was inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast on TV3 at 7. 30pm on 29 June 2010, the presenter summarised the results of a hidden camera trial in which actors aged 16, 14 and 12 years attempted to buy a video game which had an R18 classification. A number of retailers refused sale without proof of age, while others proceeded with the sale and swiped the actors’ eftpos cards....

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
Smart and TVWorks Ltd - 2011-174
2011-174

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – newsreader interviewed a representative of the 'Occupy Wellington' protest movement – allegedly in breach of standards relating to accuracy, fairness, discrimination and denigration FindingsStandard 6 (fairness) – newsreader’s approach challenging but not unfair – interviewee adequately expressed his viewpoint and defended the position of the protestors – interviewee not treated unfairly – not upheld Standard 5 (accuracy) – newsreader’s comments did not amount to points of fact – interviewee’s perspective included so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – comments did not carry the necessary invective to encourage discrimination or denigration against the protestors as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Riley and TVWorks Ltd - 2010-165
2010-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – host interviewed members of New Zealand Actors’ Equity union on controversy surrounding production of the film The Hobbit in New Zealand – the host stated, “So there is not some Australian with his or her hand up your bum operating you like a puppet?...

Decisions
Lee and Korean Society of Christchurch and TVWorks Ltd - 2013-024
2013-024

Summary [This summary does not form part of the decision. ]An item on 3rd Degree reported on a Korean man X who was ousted from his local church community for his participation in a ‘mockumentary’ about North Korea. The programme included an interview with the editor of a local Korean newspaper (one of the complainants), and attempted to interview a priest from X’s church. The Authority did not uphold complaints that the story was unfair to the interviewees and breached the newspaper editor’s privacy. The programme made genuine attempts to obtain comment from the interviewees, and they were treated fairly. The newspaper editor agreed to an interview so the broadcast did not disclose any private facts about him. The story did not discuss a controversial issue which required the presentation of alternative views; it focused on one man’s personal experiences....

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