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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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand documentary: “What’s Really in our Food” – discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme fairly presented significant viewpoints – not upheld Standard 5 (accuracy) – two statements inaccurate – upheld Standard 6 (fairness) – not unfair to persons or organisations taking part or referred to in the programme – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An Inside New Zealand documentary entitled “What’s Really in our Food” was broadcast on TV3 at 8. 30pm on 13 September 2007. The programme discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – story explored the craze surrounding imitations of Jackass movies involving dangerous stunts and an internet site that was profiting from it – footage of stunts shown – allegedly in breach of good taste and decency and law and order standards Findings Standard 1 (good taste and decency) – shocking footage was appropriate given the focus of the programme – warning was adequate – not upheld Standard 2 (law and order) – item was a cautionary tale – did not encourage or promote, condone or glamorise criminal activity – not upheld No OrderThis headnote does not form part of the decision....

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 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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on closure of Gardies, a well-known student pub in Dunedin – contained male nudity including genitalia – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and non-sexual – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast on TV3 at 10. 39pm on Friday 18 June 2010, reported on the closure of a well-known student pub in Dunedin, The Garden Tavern, known as Gardies. The reporter stated that nudity had been a “big chapter in the bar’s history”, and approximately one minute into the item a group of young men were shown playing nude rugby outside the bar. The men were filmed running towards the camera, exercising and stretching, with their genitalia visible....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – news reader stated “What is wrong with these people, I ask”, with reference to Richie McCaw and others declining invitations to Royal wedding – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – complaint frivolous – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 27 April 2011, reported on Prince William and Kate Middleton’s plans following their upcoming wedding. At the end of the item, the reporter stated: And just this morning we’ve heard that a third wedding guest has returned his invitation....

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....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Underbelly – programme about mafia-type gangs in Melbourne – included coarse language, nudity, drugs and violence – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Underbelly was broadcast on TV3 at 9. 30pm on Sunday 13 April 2008. The programme was a drama based on the true story of Melbourne’s infamous gangland killings and events which occurred between 1995 and 2004. [2] The programme contained frequent use of coarse language including the words “fuck”, “cocksucker”, “prick”, “arsehole” and “pussy-whipped”. It also included a scene in which a man killed two other men by shooting them with a pistol....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on John Key’s visit to Greymouth – allegedly unbalanced Findings Standard 4 (balance) – complainant mistaken about contents of item – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 24 October 2008, was introduced as follows: [Labour is] poised to get back in Government, the head of a coalition of parties, and that’s a vision [leader of the National Party, John Key] describes as "a five-headed monster of the left", and one he hopes voters will flee from. Well, political editor Duncan Garner has travelled with Key to the West Coast today. . . [2] Mr Garner reported that "John Key's comments today do come as a direct result of that poll last night. . . "....

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(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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nightline – report on public’s reaction to a Campbell Live item involving a "self-confessed cat hater" and his method of killing cats – item included a demonstration by Mr Spring showing how he would lower a cage containing a cat into a barrel of water – allegedly in breach of law and order standards The Authority’s DecisionStandard 2 (law and order) – item made it clear to viewers that Mr Spring’s actions were illegal – viewers were not encouraged to break the law – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast at 10. 30pm on 29 August 2007, reported on a story broadcast on TV3’s Campbell Live the previous night featuring Ray Spring, a "self-confessed cat hater" from Christchurch....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989A Thousand Apologies – sketch comedy lampooning the pan-Asian experience in contemporary New Zealand – allegedly denigratory Findings Standard 6 (fairness) – programme clearly satirical and intended to be humorous – skits did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of A Thousand Apologies, a television sketch comedy that addressed the diversity of the pan-Asian contemporary experience in New Zealand and lampooned stereotypes and situations, was broadcast on TV3 at 9. 30pm on Friday 12 September 2008. [2] One of the skits in the episode involved a man being interviewed about his experience with one airline....