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Thompson and TVWorks Ltd - ID2011-104
ID2011-104

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the chief executive of the EMA that female workers are less productive because they take sick leave when they are menstruating – interviewed chief executive – panel discussed comments – question of whether Authority has jurisdiction to accept a referral of the complaint FindingsAuthority has jurisdiction to accept the referral This headnote does not form part of the decision. INTERLOCUTORY DECISION [1] On 23 and 24 June 2011 there were broadcasts of the programme Campbell Live concerning the complainant, Alisdair Thompson. On 20 July 2011 within the period for making complaints, the complainants lodged complaints with the broadcaster. Their complaints were conveyed by email and also by a couriered letter. On 21 July 2011, the broadcaster notified the complainants by email that their complaints had been received....

Decisions
Turner and TVWorks Ltd - 2010-183
2010-183

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19892 Fast 2 Furious – movie about a street racer forced to work undercover in exchange for his criminal record being wiped clean – contained violent scenes including torture, shootings, fighting and car crashes – 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] A movie called 2 Fast 2 Furious was broadcast on TV3 at 8. 30pm on Monday 11 October 2010. The film followed a fictitious street racer, Brian O'Conner, who was forced to work undercover as part of a joint Customs/FBI operation in exchange for his criminal record being wiped clean. [2] At approximately 9. 47pm, a man was shown being tortured....

Decisions
CP and TVWorks Ltd - 2012-069
2012-069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

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
Goulstone and TVWorks Ltd - 2009-160
2009-160

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial evaluated six car grooming companies – complainant’s business sign was shown in establishing shot for another company’s evaluation – allegedly in breach of fairness Findings Standard 6 (fairness) – broadcaster could have taken more care but shot was brief and the programme made it clear which company was being evaluated – not unfair to complainant – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast at 7. 30pm on TV3 on Tuesday 4 November 2009, the presenter summarised the results of a hidden camera trial in which an actress hired six different car grooming companies. Target hid a ten-dollar note in the back of the car and some change in the front seat as a test of the car groomers’ honesty....

Decisions
Parrysmith and TVWorks Ltd - 2011-148
2011-148

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Campbell Live – reported on a pamphlet drop and predictions on Christian websites relating to an earthquake and tsunami in Christchurch – sought comment and an apology from Kathy Robinson, author of an article in the pamphlet – allegedly in breach of controversial issues, accuracy, fairness and children’s interests standards Findings Standard 6 (fairness) – item legitimately focused on Ms Robinson as she gave her permission for the publication of her prophecy on websites and was the first to have her predictions disseminated – item explicitly stated that it was unclear who printed the pamphlet – Ms Robinson was given a reasonable opportunity to comment – Ms Robinson treated fairly – not upheld Standard 5 (accuracy) – item was accurate in relation to all material points of fact – would not have misled viewers as to the nature of Ms Robinson’s input into…...

Decisions
Harrison and TVWorks Ltd - 2011-022
2011-022

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – host of comedy programme said “motherfucker” with reference to MP Hone Harawira – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comment was legitimate humour referencing earlier news story about Hone Harawira – consistent with expectations of New Zealand comedy programme broadcast at 9. 30pm – contextual factors – 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 events, was broadcast on TV3 at 9. 30pm on Friday 11 February 2011. During a segment called, “My Kid Could Draw That”, both teams were asked to guess which event from the week a school pupil had drawn. One of the pictures depicted MP Hone Harawira leaving the Māori Party....

Decisions
Cox and TVWorks Ltd - 2010-150
2010-150

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Balls of Steel – skit called “Meet the Fuckers” showed couple simulating sexual intercourse in public places – man’s buttocks and woman’s breasts visible – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – skit broadcast well after AO watershed on channel targeted at adults – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Balls of Steel, a hidden-camera prank show, was broadcast on C4 at 8. 50pm on Friday 8 October 2010. One of the segments, called “Meet the Fuckers”, showed two actors pretending to have sex in public places with the intention of shocking or amusing unsuspecting observers. The segment screened at 9. 25pm and some footage was also shown briefly in the teaser at the start of the programme....

Decisions
Batchelor and TVWorks Ltd - 2014-027
2014-027

Summary [This summary does not form part of the decision. ]An item on 3 News: Firstline reported on the Westminster Dog Show. In response to a question whether there was a Pit Bull division in the competition, one of the presenters commented, ‘I highly doubt it. Imagine what their owners would look like. ’ The Authority did not uphold the complaint that the comment was highly offensive to, and denigrated, Pit Bull owners. Pit Bull owners are not a section of the community, and the comment was clearly an off-the-cuff, light-hearted joke delivered without invective. Not Upheld: Discrimination and DenigrationIntroduction[1] 3 News: Firstline contained a pre-recorded item on the Westminster Dog Show, broadcast on 12 February 2014 on TV3. Following the item, the presenters commented: Presenter 1: Do you think they have a Pit Bull division to these competitions? Presenter 2: I highly doubt it....

Decisions
Couper-Wain and TVWorks Ltd - 2010-080
2010-080

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – contained footage of spiders and skeletal remains – broadcast during 3 News at approximately 6. 55pm – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – promo correctly classified G – not upheld Standard 9 (children’s interests) – promo correctly classified – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Bones was broadcast at approximately 6. 55pm on 25 April 2010 during 3 News on TV3. [2] Bones was a drama series about a forensic anthropologist called upon by the FBI to solve complex murder cases....

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
Blazey and TVWorks Ltd - 2008-030
2008-030

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on death of a teenage boy whose body was found in a Christchurch park – footage of the clothed legs and torso of the deceased shown – 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 item on 3 News, broadcast on TV3 at 6pm on 13 February 2008, reported on the death of a teenage boy whose body was discovered in a Christchurch park. The item showed forensic teams and other police walking around the site, and included brief footage of the clothed legs and torso of the deceased from a distance....

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
Lloyd and TVWorks Ltd - 2011-152
2011-152

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Election Advertisement – stated that “John Key’s only answer is to sell our best assets” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard 5 exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision....

Decisions
Russell and TVWorks Ltd - 2012-056
2012-056

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Homeland – fictional drama series in which the CIA investigates a possible terrorist threat – allegedly in breach of discrimination and denigration standard Findings Standard 7 (discrimination and denigration) – standard not intended to prevent the broadcast of legitimate drama – programme did not encourage the denigration of, or discrimination against, a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Lotriet and TVWorks Ltd - 2009-023
2009-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back of the Y – programme contained substantial amount of coarse language and staged violence – mocked religion – skit in which a character playing Jesus Christ was beaten up by another playing Santa Claus – skit called ‘Pooman and Wees’ in which the character Pooman threw imitation faeces at his enemies and showed his bottom and genitals from behind – scene where woman was sprayed with imitation faeces and licked some off her hands – character Wees tried to clean the faeces off her by spraying her with imitation urine, but sprayed himself instead – skit called ‘Smoodiver’ in which the male character was shown apparently masturbating – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – episode contained material and themes that were in bad taste – cumulative effect of material – contextual factors favouring…...

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
Lilley and TVWorks Ltd - 2011-078
2011-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – scene implied killing of cat with a razor – character was continuously splattered with blood as he sliced the cat off-screen and cat squealed – character stated, “. . ....

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
Signer and TVWorks Ltd - 2012-039
2012-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – item reported on trials of the ‘Urewera Four’ – reporter referred to original Urewera terror raids and stated that “17 people were arrested and initially charged under the Terrorism Suppression Act” – broadcaster upheld complaint that this statement was inaccurate because no one had been charged under that Act – action taken by the broadcaster allegedly insufficient Findings Action Taken: Standard 5 (accuracy) – action taken by TVWorks was insufficient – error should have been corrected at earliest appropriate opportunity – upheld No Order This headnote does not form part of the decision.  ...

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