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Aminian and TVWorks Ltd - 2010-184
2010-184

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sons of Anarchy – fictional drama about outlaw motorcycle gang – scene broadcast at 10. 24pm showed a man being shot and characters having sex in the presence of his dead body – 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] An episode of Sons of Anarchy was broadcast on TV3 at 9. 30pm on Wednesday 8 December 2010. The drama series revolved around the lives of members of a close-knit outlaw motorcycle gang, the Sons of Anarchy, and their various rivals and associates. The episode contained a storyline that focused on one of the gang members, Jax, and his relationship with his high school sweetheart, Tara....

Decisions
Swadling and TVWorks Ltd - 2012-062
2012-062

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

Decisions
Francis, Gouge and Thompson and TVWorks Ltd - 2011-104
2011-104

Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the CE of the EMA that some female workers are less productive because they take sick leave when they are menstruating – interviewed CE and portion of the interview broadcast – included sarcastic comments and caricature of CE singing – panel discussed comments – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – interview footage provided a fair summary of Mr Thompson’s character and conduct – was not necessary in the interests of fairness to broadcast the full interview – items not unfair to Mr Thompson, given his position as a public figure and that the comments reported on were made during a political discussion in the public arena – not upheld by majority Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in…...

Decisions
McCarthy and TVWorks Ltd - 2010-093
2010-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on Russian supermodels – reported on dangers of sexual exploitation in the modelling industry – comment about thirteen-year-old girl being paid to have sex – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – statement matter-of-fact and relevant to the subject matter – not salacious – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at approximately 6. 22pm on 5 July 2010, reported on the worldwide success of Russian supermodels and the dangers of sexual exploitation in the modelling industry....

Decisions
Marceau and TVWorks Ltd - 2008-123
2008-123

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand Labour Party – woman said “I just can’t trust you” referring to John Key, Leader of the Opposition – allegedly denigrated Mr Key Findings Election Programmes Code Standard E3 (denigration) – statements in the advertisement did not reach the threshold for a breach of the denigration standard – not upheld. This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on Sunday 2 November at 8. 45pm. It showed a woman in her home giving a drink to a toddler sitting in a high chair. The woman said to camera: You hear people saying, “Helen’s been there a while, give the other guy a go”. And I was thinking, “yeah, sounds fair enough”....

Decisions
Sharp and TVWorks Ltd - 2009-128
2009-128

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – item reported comeback of English matador – showed images of bull with banderillas protruding from its back – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – item did not contain any objectionable footage – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at Midday, broadcast on TV3 at 12pm on Tuesday 1 September 2009, reported that a 67-year-old English matador was returning to Spain to continue his career in the bull fighting ring following major knee surgery and a quadruple heart bypass. The item included footage of the man getting into costume and in the ring with a bull....

Decisions
Beardsley and TVWorks Ltd - 2012-020
2012-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order This headnote does not form part of the decision....

Decisions
Howard and TVWorks Ltd - 2009-105
2009-105

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....

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

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....

Decisions
Ibousi and TVWorks Ltd - 2010-091
2010-091

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sticky TV – contained episode of Wizards of Waverly Place – involved teenage characters talking about dating and kissing as well as two characters kissing – Sticky TValso contained a segment called “What Would You Do? ” in which a panel of young teenagers gave advice about kissing – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – Sticky TV correctly classified G – not upheld Standard 9 (children’s interests) – programmes addressed contemporary issues facing teens – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sticky TV was broadcast on TV3 between 3. 30pm and 5pm on Tuesday 15 June 2010. Another programme called Wizards of Waverley Place was broadcast in segments as part of Sticky TV....

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
Simpson and TVWorks Ltd - 2012-019
2012-019

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on aftershocks in Christchurch – was introduced with the statement “it’s just what Christchurch does not want to hear, warnings that a big one, seven on the Richter scale, is probably coming” – included extract of interview with geologist – allegedly in breach of standards relating to accuracy, responsible programming and good taste and decency FindingsStandard 5 (accuracy) – introductory statement inaccurately summarised geologist’s opinion – overstated the prediction of a magnitude seven earthquake by suggesting a high likelihood of occurrence – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 8 (responsible programming) – introductory statement was unnecessarily alarmist – likely to have caused undue distress for Christchurch residents – upheld No Order This headnote does not form part of the decision....

Decisions
Findlay and TVWorks Ltd - 2008-063
2008-063

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....

Decisions
Nassau and TVWorks Ltd - 2011-016
2011-016

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....

Decisions
Samuel and TVWorks Ltd - 2011-097
2011-097

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Big – reality television series about obese people trying to lose weight – contained brief footage of naked woman in the shower – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – viewers would expect to be warned for nudity broadcast at 7. 30pm – however nudity was extremely brief and incidental – consistent with PGR rating and timeslot – most viewers would not have been offended or disturbed by the content – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

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
Simpson and TVWorks Ltd - 2013-031
2013-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – programme classified G and broadcast at 5. 30pm contained storyline involving the date rape of a teenage girl – allegedly in breach of responsible programming, and discrimination and denigration standards FindingsStandard 8 (responsible programming) – episode was unsuitable for unsupervised child viewers and incorrectly classified G – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Home and Away, an Australian soap opera, included a storyline that involved the date rape of a teenage girl. The episode was classified G and broadcast on TV3 at 5. 30pm on 11 April 2013. [2] David Simpson made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the episode was “highly offensive” and that themes of rape and HIV were inappropriate in a G-rated programme....

Decisions
Macfarlane and TVWorks Ltd - 2012-001
2012-001

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....

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
The Order of St John and TVWorks Ltd - 2009-025
2009-025

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....

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