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This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Tagata Pasifika – item about effects of climate change on Tuvalu – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tagata Pasifika, broadcast on TV One at 7. 30am on Sunday 11 April 2010, investigated the situation on Tuvalu in the Pacific and its people’s experiences with the effects of climate change, primarily rising sea levels causing flooding. Near the beginning of the item, a reporter said: Tuvalu is one of the world’s lowest lying countries. Its highest point is four-and-a-half metres above sea level, making it one of the most vulnerable nations to be affected by climate change. . . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Antonie Dixon – case study of convicted murderer Antonie Dixon based on the recollections of friends, family, neighbours, police and others as well as analysis by psychologist – programme mentioned his marriage to the complainant and referred to her several times – allegedly in breach of privacy, accuracy and fairness FindingsStandard 3 (privacy) – no private facts revealed about the complainant – complainant’s children not identifiable in the programme – not upheld Standard 5 (accuracy) – neighbour’s comments were clearly her recollection of events – programme not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant and children not treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sensing Murder – two psychics attempted to uncover information about a man’s disappearance in 1985 – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – factual information contained in the programme was accurate – psychics’ commentary about the murders was presented as their own perspective – factual material clearly distinguished from opinion, analysis and comment – no evidence viewers were misled – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sensing Murder, broadcast on TV2 at 8. 30pm on 11 March 2010, considered the disappearance of a man in 1985. His body was never found, and his family wanted to know what had happened to him....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on Air Force helicopter crash on ANZAC Day – first reporter reported from the site of the crash – second part of the item showed photographs of the men who died, parts of their Facebook pages and past interviews with them – showed footage of the sole survivor being taken to an ambulance on a stretcher – item included comment from head of the Air Force – allegedly in breach of privacy FindingsStandard 3 (privacy) – privacy standard does not apply to deceased individuals – servicemen’s family members not identified – no private facts disclosed about surviving serviceman – footage of survivor not obtained by prying – broadcaster exercised adequate care and sensitivity – information about the crash and the survivor of legitimate public interest – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Band of Brothers – sex scene broadcast at approximately 8. 40pm – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 9 (children’s interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults only watershed – upheld Standard 1 (good taste and decency) – programme’s content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of the mini-series Band of Brothers was broadcast on TV One at 8. 30pm on Monday 15 March 2010. The series was based on a best-selling book about a World War II United States Army airborne unit known as Easy Company....

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – item about washing machine for dogs – at the end of the item the presenter said, “And then you hang them by their front paws on the washing line” – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comment was intended to be humorous – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 11pm on Wednesday 17 March 2010, reported on the invention of a washing machine for dogs in Japan. A dog was shown being washed and then blow-dried in the machine. Following the story, the news reader said, holding up his hands, “And then you hang them by their front paws on the washing line....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on search for missing sailor – report stated that air force had covered an area of around 360,000 kilometres – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint vexatious and trivial – 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 One News, broadcast on TV One at 6pm on Monday 29 March 2010, reported on a missing sailor whose boat had been found off the Chatham Islands – the man was still missing, but his dog was found alive on board the boat. [2] During the item, the reporter stated that a “helicopter and Airforce Orion covered an area of around 360,000 kilometres from Gisborne to the East Cape”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – programme asked viewers for their opinions on changing the New Zealand flag – showed five flag options – allegedly inaccurate FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate on material points of fact or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Friday 5 February 2010, asked viewers for their opinions on changing the New Zealand flag. The programme ran a poll to determine viewers’ preferences for a proposed flag and provided them with five different options to choose from....

Dated: 6 July 2010 Decision No:  2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE  of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One                                   Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about homeopathy sceptics – included comment from sceptics, a homeopathy client, a practitioner and New Zealand Council of Homeopaths – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – three interviewees offered views in favour of homeopathy – broadcaster made reasonable efforts to present significant points of view – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Wednesday 10 February 2010, featured an experiment conducted by the New Zealand Sceptics Society in which they tried to overdose on homeopathic remedies. They reached the conclusion that the remedies were essentially water containing extremely diluted substances....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Big Bang Theory – scene showed a male and female character drinking alcohol and then in bed together – allegedly in breach of law and order, responsible programming, children’s interests, violence and liquor FindingsStandard 9 (children’s interests) – liquor consumption was borderline in a PGR programme but scene involved fictional adult characters in a comedic context – acceptable for children with parental guidance – not upheld Standard 11 (liquor) – programme did not advocate liquor consumption – no liquor promotion – showing liquor was incidental to the programme – not upheld Standard 2 (law and order) – programme did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme did not contain subliminal perception – not upheld Standard 10 (violence) – programme did not contain any violence – not upheld This headnote does not form part of the decision.…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – included a scene in which a man was tortured by having a burning hot steel rod pushed up his backside – allegedly in breach of good taste and decency, law and order and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – did not promote, glamorise or condone torture – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on Sunday 1 November 2010. The programme included a brief scene in which a rebel leader was tortured....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Bert Potter – programme was a case study of Bert Potter based on analysis by a clinical psychologist and recollections of former members of his Centrepoint commune – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programme was a case study by psychologist of Bert Potter and his involvement in Centrepoint – historical interest for viewers but no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccurate points of fact – programme would not have misled viewers – not upheld Standard 6 (fairness) – no individuals or organisations treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 24 December item interviewed woman whose husband was killed by a drunk driver – 7 January item spoke to youths appearing in court after being arrested for drink-driving – both items allegedly in breach of controversial issues and accuracy FindingsStandard 4 (controversial issues – viewpoints) – items were straightforward news reports – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – not misleading to omit discussion of the points raised by the complainant – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Is Your House Killing You? – featured family in Queensland – father had used a substantial amount of timber treated with Copper Chrome Arsenate (CCA) for landscaping and decking – programme stated that exposure to the chemicals in CCA-treated timber could cause serious health effects – allegedly in breach of controversial issues and accuracy standards FindingsStandard 5 (accuracy) – broadcaster made reasonable efforts by relying on scientific experts – mostly expert opinion – not upheld Standard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Is Your House Killing You? was broadcast on TV One at 8pm on Friday 11 December 2009....