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Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fast Times at Ridgemont High – female movie characters shown practising on carrots how to perform oral sex – allegedly in breach of good taste and decency, children’s interests and fairness FindingsStandard 9 (children’s interests) – no explicit sexual activity was shown – movie was AO and broadcast outside of children’s viewing times – warning for sexual material allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Fast Times at Ridgemont High was broadcast on C4 at 8. 30pm on Wednesday 9 December 2009. At approximately 8. 42pm, two teenage female characters in the movie were shown eating in a high school cafeteria....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item about life and death of Antonie Dixon – showed death certificate – contained name of paramedic who responded to medical emergency – allegedly in breach of privacy Findings Standard 3 (privacy) – paramedic’s name and involvement in Mr Dixon’s case not private facts – death certificate is a public document – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 2 March 2009, discussed the life and death of Antonie Dixon, who was convicted of several charges including murder, and later found dead in his cell at an Auckland prison. While the reporter and Mr Dixon’s sister discussed his death, Mr Dixon’s death certificate was shown on screen....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item included clips in which reporter tried to obtain comment from ACT leader Don Brash, and Mr Brash refused – allegedly unfair FindingsStandard 6 (fairness) – item broadcast in lead-up to the general election – Mr Brash chose to refuse to comment on a subject that other party leaders had freely commented on – clips themselves were not edited – not unfair to Mr Brash – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on 31 October 2011 reported that political party leaders were meeting to discuss Labour’s proposal to raise the retirement age. The reporter explained that he had tried to get comment on the issue from the then ACT Party leader Don Brash, who refused....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News, Nightline and Campbell Live – items looked at issues surrounding David Benson-Pope’s seeking re-election for the constituency of Dunedin South – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to complainant – not upheld Standard 4 (balance) – subsumed into consideration of Standard 6 Standard 1 (good taste and decency) – vox-pop was acceptable in the context of an unclassified news programme – not upheld (This headnote does not form part of the decision. ) Broadcasts [1] A report on 3 News by its political editor Duncan Garner entitled “Seeking Re-Election”, was broadcast on TV3 at 6pm on 23 October 2007....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skins – programme about a group of teenagers in Britain – showed teenagers drinking excessive amounts of alcohol and taking drugs – contained sexual material, nudity, violence and coarse language – allegedly in breach of good taste and decency, law and order, responsible programming, children’s interests, violence and liquor promotion standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme correctly classified AO9....

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – contained frequent coarse language – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – language was consistent with viewer expectations of the programme – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Californication was broadcast on TV3 at 9. 30pm on Monday 18 April 2011. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Between 9. 30pm and 10pm, characters used the following words and phrases: “fucking” (16 times) “fucked up” “fuck” (6 times) “bitch” “shit” (8 times) “asshole” (2 times) “shitty” (2 times) “balls” (3 times) “you smell like you just walked out of a fisting contest” “forced anal” (2 times) “motherfucker” “cock” “bullshit”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the effects the recession was having on the adult entertainment industry – contained footage from “Boobs on Bikes” parade – included footage of a male stripper, a topless woman covered in body paint and three women dancing provocatively with one another – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – majority – footage of male stripper and women dancing provocatively was marginal – contextual factors – not upheld Standard 9 (children’s interests) – majority – item’s introduction gave adequate warning to parents and caregivers to exercise discretion – upholding the complaint would be an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision....

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…...

Complaint under section 8(1C) of the Broadcasting Act 19893 News – live news bulletin reported on Christchurch earthquake – included close-up footage and interviews with victims – allegedly in breach of standards relating to good taste and decency, privacy, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency) – unedited live news item reporting on extraordinary natural disaster – contextual factors – not upheld Standard 3 (privacy) – people shown identifiable – victims vulnerable – however, no interference in nature of prying – public interest – not upheld Standard 8 (responsible programming) – unscheduled live news programme – warnings – public interest – not upheld Standard 7 (discrimination and denigration) – complainant did not identify section of the community – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item reported on a “race row” that erupted in response to the winner of a regional Miss India New Zealand competition – allegedly inaccurate, unfair and irresponsible FindingsStandard 5 (accuracy) – item based on personal opinions of those who attended pageant –not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation specified in complaint – not upheld Standard 8 (responsible programming) – Campbell Live was an unclassified news and current affairs programme – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on Wednesday 13 October 2010, reported on a “race row” that had erupted in response to the winner of the Wellington Division of a Miss India New Zealand competition....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Comedy Convoy – female comedian stated, “When I was in my early twenties I really wanted kids, like I really wanted them, but I just could never lure them into my car” – audience responded with laughter – allegedly in breach of standards relating to good taste and decency, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency) – comment clearly intended as a joke – broadcast in the middle of the day during the school term – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Home and Away – not upheld Standard 8 (responsible programming) – promo correctly rated G and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South Park – animated series depicted the Queen committing suicide – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – episode used parody and satire to comment on politics – freedom of expression includes the right to satirise public figures – content acceptable during AO programme screened at 9. 30pm – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the cartoon comedy South Park was broadcast on FOUR at 9. 30pm on 21 June 2012. Towards the end of the episode, Queen Elizabeth II was depicted committing suicide by shooting herself in the mouth, following a botched terrorism attempt....

Summary [This summary does not form part of the decision. ]An item on 3 News which reported on a shooting massacre in a Kenyan Mall included footage of a man trying to hide, and then being shot at point blank range. The newsreader warned that the story contained ‘disturbing images’. The Authority upheld the complaint that this warning was inadequate to prepare viewers for witnessing a horrific execution. While recognising the very high public interest in the story and in the footage, viewers were not given a reasonable opportunity to exercise discretion or make a different viewing choice. The Authority did not make any order, as the decision provides sufficient guidance to broadcasters....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item reported on a young man who died of meningococcal disease after being assessed and sent home by medical professionals – reporter interviewed the Chief Executive of Northland District Health Board about the circumstances surrounding the man’s treatment – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – item did not create a misleading impression as to the doctor’s qualifications but clearly stated that he was a “doctor” and “senior trainee” close to sitting his exams – did not create a misleading impression by omitting information about the risks associated with lumbar punctures – the decision not to administer the test earlier was based on a misdiagnosis of the man’s condition as opposed to the perceived risks of the procedure – not inaccurate to report that the man died from meningitis – not upheld Standard 6…...

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

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Nation – discussed the Labour Party’s proposal to increase the number of female caucus members – allegedly in breach of controversial issues, fairness, and discrimination and denigration standardsFindingsStandard 4 (controversial issues) – Labour Party’s proposal was a controversial issue of public importance – two of four panellists who discussed the issue expressed views in support of the proposal – gender of panellists not relevant and spectrum of views meant sufficient balance provided – broadcaster made reasonable efforts and gave reasonable opportunities to provide balance on the issue in the programme – not upheldStandard 7 (discrimination and denigration) – panellists did not comment on women in general – programme did not encourage discrimination or denigration against women as a section of the community – not upheldThis headnote does not form part of the decision....