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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paddle Pop Begins – children’s cartoon – main character’s name was the same as a brand of iceblock – allegedly in breach of responsible programming and children’s interests standards Findings Standard 8 (responsible programming) – accept that Streets logo and name of character amounted to branding or marketing – however programme was clearly a children’s cartoon rather than an “advertisement” for the purposes of guideline 8d – not upheld Standard 9 (children’s interests) – programme would not have alarmed or disturbed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the children’s cartoon Paddle Pop Begins was broadcast on TV3 at 8. 25am on 13 October 2011....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

Complaint under section 8(1C) of the Broadcasting Act 1989Underbelly: Razor – sex scene broadcast at 8. 42pm – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sex scene amounted to “strong adult material” broadcast close to the Adults Only watershed – broadcaster did not adequately consider children’s interests – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Underbelly: Razor was broadcast on TV3 at 8. 30pm on 30 November 2011. At 8. 42pm, a sex scene was shown, in which a woman was on top of a man in bed. Her breasts were briefly visible, and she could be heard moaning. [2] The episode was preceded by the following visual and verbal warning: This programme is rated Adults Only and is recommended for a mature audience....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a threat made against MP Sue Bradford that was published under the username GarfieldNZ on the website Twitter – news reporter tracked down the individual who owned the username – contained footage of reporter knocking on the front door of the individual’s house and talking to him about the threat – allegedly in breach of privacy and fairness standards Findings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 5 (accuracy) – item showed the wording of the Twitter message – viewers not misled – not upheld Standard 6 (fairness) – footage of door-stepping did not disadvantage the complainant – complainant’s response provided to viewers – 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(1)(a) of the Broadcasting Act 1989The ComplaintA viewer of Outrageous Fortune complained about the "graphic naked sex acts", which were "bordering on pornography", and the line "I want your cock in me now", delivered by one of the female characters. The viewer said the programme breached standards of good taste and decency and was demeaning to women. The Broadcaster’s ResponseTVWorks argued that viewers expected material broadcast at 9. 30pm to be "mature in nature". It said that the sex scenes and language were appropriate for the Adults Only (AO) classification, and maintained that none of the sex scenes contained explicit nudity. The broadcaster said Outrageous Fortune often contained storylines revolving around sexual themes and there was considerable audience expectation of the type of material shown in the programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandards 4 (controversial issues – viewpoints), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – selection of items to include in news programmes is a matter of editorial discretion – complainant did not specify which parts of the programme breached standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Tuesday 29 June 2010. Complaint [2] River Tucker complained to TVWorks Ltd, the broadcaster, alleging that “the lack of any in-depth reporting into issues that are important to New Zealanders” on 3 News breached standards relating to the discussion of controversial issues, accuracy, fairness and responsible programming....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looked at a New Zealand based animal research testing facility – included interviews with people who were pro-animal use and people who were anti-animal use – included discussions on the type of animals being used, whether animal testing was necessary, alternatives and research facilities – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – to the extent that the item touched on a controversial issue of public importance it provided an adequate overview of significant viewpoints – not upheld Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld Standard 6 (fairness) – participants were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item featured a woman who claimed to have suffered terrible experiences while in state care in the 1960s – photo shown of the woman as a young child with five other children – allegedly in breach of privacy and accuracy 3 News – item reported on government’s decision to bring forward a review of alleged abuse suffered by people while in state care during the 1960s and 70s – made reference to the 60 Minutes item and the woman who alleged she had been abused – showed the same photo as contained in the 60 Minutes item – allegedly in breach of privacy and accuracy Findings60 Minutes and 3 News Standard 3 (privacy) – children not identifiable beyond close family and friends – did not disclose any private facts – not upheld Standard 5 (accuracy) – viewers would not have been misled…...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – news reader stated that Samoan prison guards had been charged with bringing contraband into Auckland prisons – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – news reader’s remark was factual – no invective – did not encourage discrimination against or denigration of Samoans – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on 3 News, broadcast on TV3 at 6pm on Monday 6 December 2010, the news reader stated: Two Samoan prison guards have been arrested and stood down from their positions after being charged with bringing contraband into two Auckland jails. The men are accused of bringing in drugs, cell phones, cigarettes and food for prisoners at Mt Eden and Auckland Central Remand prisons....

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 Asset Sales Advertisement – used the word “damn” – allegedly in breach of good taste and decency standardFindingsStandard E1 (election programmes subject to other Codes) – Standard 1 (good taste and decency – “damn” is very low-level language and would not have offended most viewers – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision. Introduction[1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on 14 November 2011 at approximately 10pm. The advertisement contained the following voiceover: If you think power prices are high now, wait until we don’t own a damn thing....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item on the sentencing of convicted rapist Roger Kahui included a brief re-enactment showing actor forcing entry into victim’s home – allegedly in breach of good taste and decency, law and order, programme information, children’s interests and violence standards Findings Standard 1 (good taste and decency) – item made it clear to viewers that it was a re-enactment – stylised dramatisation – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item was brief – unlikely to disturb child viewers – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion – not upheld Standard 8 (programme information) – standard not relevant – not upheld This headnote does not form part of the decision.…...

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.  ...

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – interview with Ruth Money from Sensible Sentencing Trust regarding a proposed amendment to the Parole Act 2002 – Ms Money expressed her view that the amendment “did not go far enough” and that parole hearings should be abolished altogether – allegedly in breach of standards relating to controversial issues, accuracy and fairnessFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheld Standard 5 (accuracy) – Ms Money’s statements amounted to comment and opinion and were therefore exempt from standards of accuracy under guideline 5a – concerns about misleading impression regarding parole board hearing process adequately addressed under controversial issues standard…...

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 participants – 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 16 September 2008 episode, broadcast at 7. 30pm on TV3, featured a couple named James and Jo. The team consisted of "Downsize Me!...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Glee promo – male character in a wheelchair said, “I want to be very clear, I still have the use of my penis” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – majority of the content was fun and cheerful – sexual innuendo would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Glee, a musical comedy series, was broadcast on TV3 at 9. 45am on 13 January 2011, during The Biggest Loser Australia, which was rated G. Most of the promo showed characters singing and dancing. Near the end of the promo, a boy in a wheelchair was shown saying to a girl, “I want to be very clear....