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Decisions
Clancy and TVWorks Ltd - 2009-133
2009-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with a woman from Kiribati on a “personal mission” to save her homeland from the effects of climate change – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – presented one woman’s views and experiences – it would have been clear to viewers that she was a climate change activist – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 between 7am and 9am on 19 August 2009, the presenters interviewed a community leader from Kiribati about her observations of the effects of climate change on her island. One presenter introduced the segment saying, “rising water levels and increasing temperatures are starting to have real effects on our day-to-day life....

Decisions
Bennachie and TVWorks Ltd - 2008-094
2008-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with representative of End Child Prostitution and Trafficking (ECPAT) about the release of a US report on human trafficking – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item offered one individual’s opinion on the report and trafficking and prostitution generally – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – interviewee made comments from ECPAT’s perspective – clearly distinguishable as comment and opinion – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 from 7am to 9am on 6 June 2008, one of the programme’s hosts announced that the US State Department had released its annual report on human trafficking, which “contains some strong words on New Zealand’s legalised prostitution system”....

Decisions
The Church of Scientology of New Zealand Inc and TVWorks Ltd - 2010-045
2010-045

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Inside New Zealand: How to Spot a Cult – two-part documentary – spoke to former members of cults – included three former members of Scientology – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programmes did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – programmes were not inaccurate or misleading – not upheld Standard 6 (fairness) – Church of Scientology was well informed about the nature of the programmes – Church’s responses were included in the programme – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] Inside New Zealand: How to Spot a Cult was a two-part documentary series which was broadcast on TV3 at 9. 30pm on Wednesday 25 November and Wednesday 2 December 2009....

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
Heares-Farry and TVWorks Ltd - 2010-115
2010-115

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989New Zealand’s Next Top Model – contestants posed semi-naked and covered in mud for a photo shoot – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – nudity effectively masked by mud and steam – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of the reality TV series New Zealand’s Next Top Model, broadcast on TV3 at 7. 30pm on Friday 20 August 2010, a group of young girls were filmed posing for a photo shoot, semi-naked in geothermal mud pools. [2] The footage included various shots of the girls posing for a female photographer, wearing bikinis and accessories, with their bodies covered in mud....

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
Caswell and TVWorks Ltd - 2012-120
2012-120

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 What’s Really In Our Food? – included a human experiment to test the effects of Omega 3 on attention span in young boys – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – experiment was clearly intended to be light-hearted and entertaining and did not purport to be scientifically rigorous or reliable – conclusions drawn from the experiment were very vague and qualified by words such as “could’ and “may” – viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] An episode of What’s Really In Our Food? , a weekly television series investigating different food groups, and exploring the potential health benefits and/or risks associated with those foods, contained a human experiment to test the effects of Omega 3 on attention span in young boys....

Decisions
Barton and TV3 Network Services Ltd - 1998-032, 1998-033
1998-032–33

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-032 Decision No: 1998-033 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RUTH BARTON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Miller and TVWorks Ltd - 2008-037
2008-037

Complaint under section 8(1B)(b )(i) of the Broadcasting Act 1989Californication – episode contained language, simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld No Order This note 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. [2] The episode revolved around the relationship between Hank and his good friend and agent Charlie who had recently separated from his wife and temporarily moved in with Hank....

Decisions
Thomas and TVWorks Ltd - 2009-081
2009-081

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Blender – music video included segments of a toddler being frightened by people dressed up as monsters – child shown crying and distressed – allegedly in breach of good taste and decency, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – video unrealistic – contextual factors – not upheld Standard 9 (children’s interests) – music video broadcast at 11. 33pm – standard does not apply – not upheld Standard 10 (violence) – video did not contain any scenes of violence – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of the music video programme Blender, broadcast on C4 at 11. 30pm on 8 June 2009, a video for a song called “Kids” by the band MGMT was played....

Decisions
Hoban and TVWorks Ltd - 2011-013
2011-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – interviewed Cyclone Yasi survivor – reporter stated “Jesus, what went through your mind? ” – allegedly in breach of standards relating to good taste and decency, and discrimination and denigration FindingsStandard 1 (good taste and decency) – “Jesus” used to convey exclamation of shock – 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 Friday 4 February 2010, reported on Cyclone Yasi in Queensland. During the item, the reporter interviewed a survivor who explained that she had been sitting on the toilet when a big tree came through the wall, to which the reporter responded, “Jesus, what went through your mind?...

Decisions
Anderson and TVWorks Ltd - 2008-124
2008-124

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Jono’s New Show promo – man said “Fucken oath, look at him, what a fuckwit. Goes for a run and gets shot in the arse” – “fucken” and “fuckwit” were partially bleeped but words could still be distinguished – broadcaster upheld complaint under two standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency) and 9 (children’s interests) – broadcaster upheld complaint under two standards and changed appraisal process – action taken sufficient This headnote does not form part of the decision. Broadcast [1] A promo for Jono’s New Show was broadcast at approximately 6. 14pm on Sunday 14 September 2008 on C4. It included a man saying “Fucken oath, look at him, what a fuckwit. Goes for a run and gets shot in the arse”....

Decisions
Denham and TVWorks Ltd - 2009-094
2009-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon series – contained sexual references – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy cartoon Futurama was broadcast on C4 at 7pm on Wednesday 27 May 2009. The show revolved around the main character Fry, who was cryogenically frozen in 1999 and then thawed 1,000 years later. The episode began with a flashback to New York in 1999 and showed Fry delivering a pizza to the local television station, which was showing a fictional programme called Single Female Lawyer....

Decisions
Scott and TVWorks Ltd - 2008-041
2008-041

Complaint under section 8(1A) of the Broadcasting Act 19893 News – item on “Chloe of Wainuiomata” receiving diversion for shoplifting – allegedly in breach of privacy Findings Standard 3 (privacy) – private facts disclosed were in the public arena – not upheld (This headnote does not form part of the decision. ) Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 30 April 2008, reported that Chloe, a woman who gained notoriety in a 1990s television programme and who was nicknamed “Chloe from Wainuiomata”, had been charged with shoplifting. During the item, the presenter stated: Chloe, whose slippers made her a 90s celebrity, has been charged with shoplifting. The court heard that Chloe, formally of Wainuiomata, tried to steal twenty three dollars and sixty four cents worth of pet care products from a Napier supermarket....

Decisions
Young and TVWorks Ltd - 2012-085
2012-085

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....

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
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
Cheer and TVWorks Ltd - 2008-034
2008-034

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – interview with one of the "medal thieves" – viewers were told a false name was used – caption said it was an actor's voice – figure shown in interview was in fact an actor – allegedly misleading and in breach of programme information standard Findings Standard 5 (accuracy) – viewers were misled into thinking they were seeing the actual interview – broadcaster did not take sufficient steps to correct the mistake for its viewers in the same medium – upheld Standard 8 (programme information) – subsumed into consideration of Standard 5 Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

Decisions
Nova Limited and TVWorks Ltd - 2010-170
2010-170

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – discussed “the model who can’t go to fashion week because she’s too big” – interviewed the model and her mother as well as the manager of her modelling agency – allegedly unbalanced, inaccurate and unfair FindingsStandard 5 (accuracy) – item created clear impression that Nova was not putting forward the model for work because of her hip size – viewers would have been misled by the omission of other reasons including the model’s refusal to work for Nova – upheld Standard 6 (fairness) – broadcaster did not deny that Nova’s manager explained the other reasons in his interview – those reasons were not included in the story – unfair – upheld Standard 4 (controversial issues – viewpoints) – story focused on one individual – no discussion of a controversial issue of public importance – not upheld No Order This headnote does not form…...

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…...

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