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Ministry of Social Development and TVWorks Ltd - 2008-038
2008-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Decisions
Knight and TVWorks Ltd - 2008-023
2008-023

Complaint under section 8(1C)(c)(i) of the Broadcasting Act 19893 News – item included results from a political poll – results were shown visually with the use of an on-screen graphic – each party’s percentage of votes was translated into number of seats in the House – ACT Party and the United Future Party shown to receive two seats each – allegedly inaccurate Findings Standard 5 (accuracy) – graphic shown on-screen was inaccurate – upheld No OrderThis headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 16 December 2007, reported on TV3’s final political poll of 2007. The results of the poll were given verbally and visually with the use of on-screen graphics....

Decisions
Mayne and TVWorks Ltd - 2012-026
2012-026

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item reported on disabled boy who was left alone on a school bus for four-and-a-half hours – included interview with manager of the bus company responsible – allegedly in breach of privacy FindingsStandard 3 (privacy) – complainant was identifiable but item did not disclose any private facts about the complainant in a manner that would be considered highly offensive – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live, broadcast on TV3 on 8 March 2012, reported on a disabled boy who was left alone on a school bus for four-and-a-half hours. The item included interview footage of the manager of Kawerau Coaches, the bus company responsible. The manager was not named and her face was pixellated....

Decisions
Young and TVWorks Ltd - 2011-050
2011-050

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – montage of footage from earthquake and tsunami in Japan – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – montage showed poignant images depicting international news event – music accompanying the images did not glorify or detract from the disaster – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 15 March 2011, concluded with a montage of footage, accompanied by music, from the earthquake and tsunami that devastated Japan on 11 March. Complaint [2] Peter Young made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the “sequence of footage of the Japan tsunami in slow motion and accompanied by ethereal mood music” breached standards relating to good taste and decency....

Decisions
McCarthy and TVWorks Ltd - 2010-093
2010-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on Russian supermodels – reported on dangers of sexual exploitation in the modelling industry – comment about thirteen-year-old girl being paid to have sex – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – statement matter-of-fact and relevant to the subject matter – not salacious – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at approximately 6. 22pm on 5 July 2010, reported on the worldwide success of Russian supermodels and the dangers of sexual exploitation in the modelling industry....

Decisions
Right to Life New Zealand and TVWorks Ltd - 2013-062
2013-062

Summary [This summary does not form part of the decision. ]A 3 News item reported on newly released statistics showing a decline in the number of abortions performed in New Zealand. It included one possible reason why, put forward by the Abortion Law Reform Association of New Zealand. The Authority did not uphold the complaint that the item was unbalanced because it did not also include the ‘pro-life’ perspective on why the rates were declining. While abortion is a controversial issue of public importance, the fact abortion rates have declined is not, and there has not been any significant debate about the reasons for the decrease. The broadcaster was not required to canvass perspectives for and against abortion given the item was a straightforward report on new statistics....

Decisions
Egg Producers Federation of New Zealand (Inc) and TVWorks Ltd - 2009-053
2009-053

Complaint under section 8(1C) of the Broadcasting Act 1989Sunrise – item featured a woman who ran a sanctuary for ex-battery hens – included footage of caged hens – woman described condition of hens when they arrived at her property – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item focused on the experience of one woman – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – statement about uric acid presented as fact – inaccurate but immaterial in context of human interest story – point was that chickens were in poor condition as a result of being caged – not misleading to use footage of battery hens – not upheld Standard 6 (fairness) – industry not an individual or organisation taking part or referred to – complainant did not take part and was not referred to – not applicable – not upheld This headnote does…...

Decisions
Cleary and Talacek and TVWorks Ltd - 2008-125
2008-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – no misleading 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 reduce health risks. The Tuesday 9 September 2008 episode, broadcast at 7. 30pm on TV3, featured a woman named Carolyn. The Downsize Me!...

Decisions
Murdoch and TVWorks Ltd - 2011-059
2011-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contained racial comments, coarse language and sexual connotations – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – content amounted to legitimate humour/satire referencing current affairs issues – consistent with expectations of New Zealand comedy programme broadcast at 9. 30pm – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and screened at 9. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of 7 Days, a comedy programme in which two teams of comedians reviewed the week’s news stories, was broadcast at 9. 30pm on TV3 on Friday 1 April 2011....

Decisions
Agostino and TVWorks Ltd - 2012-084
2012-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Decisions
Ruawai College Board of Trustees and TVWorks Ltd - 2013-003
2013-003

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on bullying incident at Ruawai College, told from the perspective of the victim’s mother – victim’s mother expressed frustration at the school because she was not informed of the incident until a couple of days after it occurred – contained repeated footage of the incident – allegedly in breach of standards relating to good taste and decency, privacy, accuracy and fairnessFindingsStandard 6 (fairness) – item did not create an unfairly negative impression of the school and staff members – school was provided with fair and reasonable opportunity to comment and the Principal adequately presented the school’s position – item did not create an unfair impression about the timing or duration of the incident – reference to letter was not unfair – footage of police was due to an oversight – school and staff members treated fairly and overall…...

Decisions
Stroud and TVWorks Ltd - 2013-044
2013-044

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon contained sexual references and innuendo – allegedly in breach of children's interests and responsible programming standardsFindingsStandard 8 (responsible programming) and Standard 9 (children's interests) – episode contained sexual content that was not suitable for unsupervised child viewers and so incorrectly classified G – should have been classified PGR – broadcaster did not adequately consider children's interests when incorrectly classifying the episode and screening it in G time – upheld under both standards No Order This headnote does not form part of the decision. Introduction [1] An episode of Futurama, an animated cartoon series, contained sexual references and innuendo. The episode was classified G (General) and screened on FOUR at 6. 30pm on Friday 31 May 2013....

Decisions
Dunckley and TVWorks Ltd - 2008-079
2008-079

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the petition to overturn the removal of section 59 of the Crimes Act and whether a referendum on the issue should be held during the 2008 election – contained film clips of an adult lightly smacking a child’s bottom with an open hand – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – viewers would not have been misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News entitled “The Smacking Law Referendum” was broadcast on TV3 at 6pm on Tuesday 24 June 2008. It looked at a petition aimed at overturning the repeal of section 59 from the Crimes Act 1961 and, if the petition obtained the required number of signatures, whether a referendum on the issue should be included in the 2008 election....

Decisions
Aminian and TVWorks Ltd - 2010-184
2010-184

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sons of Anarchy – fictional drama about outlaw motorcycle gang – scene broadcast at 10. 24pm showed a man being shot and characters having sex in the presence of his dead body – allegedly in breach of violence standard FindingsStandard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sons of Anarchy was broadcast on TV3 at 9. 30pm on Wednesday 8 December 2010. The drama series revolved around the lives of members of a close-knit outlaw motorcycle gang, the Sons of Anarchy, and their various rivals and associates. The episode contained a storyline that focused on one of the gang members, Jax, and his relationship with his high school sweetheart, Tara....

Decisions
Massey High School and TVWorks Ltd - ID2012-011
ID2012-011

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item reported on bullying at Massey High School – question of whether Authority has jurisdiction to accept a referral of the privacy aspect of the complaint FindingsMassey High School did not refer its complaint to the Authority within the statutory timeframe – original complaint did not constitute a direct privacy referral – Authority does not have jurisdiction to accept the complaint This headnote does not form part of the decision. Introduction [1] An item on Campbell Live, broadcast on TV3 at 7pm on 15 November 2011, reported on bullying at Massey High School (Massey). [2] Massey made a formal complaint dated 29 November 2011, alleging that the item breached standards relating to privacy, accuracy and fairness. That complaint was addressed to the Chair of this Authority and a copy was also sent to the Chief Executive at TV3....

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
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
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
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
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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