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Decisions
Johnsson and TVWorks Ltd - 2010-013
2010-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on a police officer who had been dragged under a stolen patrol car – stated that the officer was the first police officer in New Zealand to undergo a sex change and was now a transsexual – allegedly in breach of privacy Findings Standard 3 (privacy) – information about the officer’s sex change was in the public domain – no private facts disclosed – 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 15 January 2010, reported that a police officer had been dragged under a stolen patrol car which had been taken by a drunk driver from a police checkpoint in Christchurch....

Decisions
Copland and CanWest TVWorks Ltd - 2004-209
2004-209

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – video footage of Kenneth Bigley, a British hostage in Iraq, shackled in a cage pleading for help from the British Government – alleged breach of privacy Findings Standard 3 (Privacy) and Guideline 3a – broadcast was in the public interest – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at 6pm on 30 September 2004 showed video footage of Mr Kenneth Bigley, a British hostage in Iraq. The video showed Mr Bigley shackled in a cage pleading for help from the British Government. Complaint [2] J M Copland complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item constituted a breach of broadcasting standards relating to the privacy of the individual....

Decisions
Grieve and MediaWorks TV Ltd - 2016-019 (25 July 2016)
2016-019

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....

Decisions
Price and TVWorks Ltd - 2007-094
2007-094

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a 3 News item on the Electoral Finance Bill was misleading and inaccurate when it said, first, that "new rules will stop big election donors from staying anonymous", and second, that "according to the new rules, donations over $10,000 can no longer be anonymous” In fact, the Bill did nothing to prevent big election donors to political parties from staying anonymous, and there was nothing new about the $10,000 threshold for declaring donations to political parties....

Decisions
Dewar and CanWest TVWorks Ltd - 2006-063
2006-063

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about the 20th anniversary of the Chernobyl disaster – said that it had killed “16,000, possibly double, even treble that” – complaint that figure was inaccurate – broadcaster upheld the complaint on the basis that there was dispute about the number of deaths and the item should have reported this – broadcaster discussed the issue with newsroom staff – complainant dissatisfied with reasons for upholding decision and action takenFindingsStandard 5 (accuracy) – CanWest’s reasons for upholding decision were incorrect – should have upheld the complaint on the basis that the figures in the report were inaccurate, not because the position was uncertain – upheldNo OrderThis headnote does not form part of the decision....

Decisions
McDonald and CanWest TVWorks Ltd - 2004-183
2004-183

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about new pricing structures for national calls at Telecom – graphic stated $0. 08c per minute on national calls – correct price $0. 18c per minute – allegedly inaccurateFindingsStandard 5 (accuracy) – graphic inaccurate – significant mistake requiring correction – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast on TV3 at 6:00pm on 26 August 2004, contained an item on new pricing structures at Telecom for national calls. During the item, a graphic noted the following: “Anytime Plan” National Calling: $0. 08c per minute National Capped: $2. 75 (up to two hours) Home to Mobile: $0. 48c calls to 027 & 025, $0. 55c calls to 021 & 029 [2] The correct price for national calls was in fact $0. 18c per minute....

Decisions
O'Neill and TVWorks Ltd - 2009-042
2009-042

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

Decisions
AFFCO Holdings Ltd and MediaWorks TV Ltd - 2015-050
2015-050

Summary[This summary does not form part of the decision. ]Two items on 3 News reported on two cases of Talley's Group paying compensation to employees for work accidents at its freezing works. The items featured interviews with both workers and referred to their Employment Relations Authority (ERA) cases. The Authority did not uphold a complaint that the items were inaccurate and unfair to AFFCO Holdings Ltd, the subsidiary of Talley's Group which owns the freezing works. The broadcaster was entitled to report key parts of the ERA judgments, and AFFCO was given a fair opportunity to comment. Not Upheld: Accuracy, Fairness Introduction[1] Two items on 3 News reported on Talley's Group paying compensation to employees for work accidents at its freezing works....

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

Decisions
Ferguson and CanWest TVWorks Ltd - 2006-119
2006-119

Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – item reporting that 17-month-old girl had suffered head injuries at a Christchurch home – showed street name and number of house – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant did not identify an individual whose privacy was allegedly breached – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 26 October 2006, reported that a 17-month-old girl had been flown to Starship Hospital after she had suffered serious head injuries while visiting a Christchurch home. It said that police were investigating how the injuries had occurred, and whether they were accidental or intentional. The reporter referred to the name of the street where the home was located, and the street sign was shown....

Decisions
Binnie and TV3 Network Services Ltd - 2003-092
2003-092

Complaint3 News – item on initiation ceremony at girl’s school – violence – offensive – not in public interest – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 2 and Guideline 2d – lawful standard maintained – no uphold Standard 9 and Guideline 9a – interests of children considered – no uphold Standard 10 and Guideline10a – violence justified in context of item – no uphold This headnote does not form part of the decision. Summary [1] An item on 3 News broadcast by TV3 between 6. 00–7. 00pm on 8 May 2003, depicted a violent initiation ceremony, referred to as "hazing", at a girls’ school in the United States....

Decisions
Family First New Zealand and TVWorks Ltd - 2012-037
2012-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on the Government’s asset sales policy – included excerpts from interviews with opposition MPs, including Hone Harawira who said “bullshit” – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency), and Standard 9 (children’s interests) – the word “bullshit” was used by an MP to express his opinion on a controversial political issue – the comment provided information about a political response to the issue as well as providing insight into the characteristics of a political figure, and was therefore of high value in terms of freedom of expression – comment would not have surprised or distressed most viewers in the context of a political story screened during an unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of…...

Decisions
Gillies and TV3 Network Services Ltd - 1999-046
1999-046

SummaryThe arrest of Headhunter gang members was covered in an item broadcast on 3 News on 11 December 1998. Russell Gillies complained to TV3 Network Services Limited, the broadcaster, that because the item had shown footage of gang members giving the camera, and therefore the viewer, "the fingers", it had failed in its responsibility to maintain standards of good taste and decency. Mr Gillies described the gesture as a defiant act which was intended to be an insult, and argued that the inclusion of it in the item was offensive. TV3 advised Mr Gillies that after viewing the item, and examining the context in which "the fingers" symbol was shown, it had concluded that currently accepted norms of decency and taste had not been breached. Dissatisfied with TV3’s decision, Mr Gillies referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
McLean and TV3 Network Services Ltd - 1999-207, 1999-208, 1999-209
1999-207––209

SummaryThe proposed regulation of electricity lines companies was the subject of a news item screened between 6. 00–7. 00pm on 13 July 1999 on 3 News. After an analysis of both the government and opposition viewpoints, the reporter concluded that the government’s attempt to stop power price hikes was proving unsuccessful. On 6 August a 3 News report focused on tax policies. The political editor stated that the Treasurer had trivialised the issues and got his figures wrong when he had briefed the press. She reported that the Deputy Leader of the Opposition had "demolished" the Treasurer’s figures. The weekly political round-up during 3 News on 13 August 1999 dealt with the defence and management seminar, INCIS, National’s 5-step plan linking education, business and research, and Labour’s standing in the polls....

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
Pepping and TVWorks Ltd - 2009-014
2009-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – two items broadcast one after the other – first item reported on the re-opening of the euthanasia debate in the United Kingdom following the screening of a television documentary which showed a terminally ill man taking a lethal dose of drugs in Switzerland – second item reported on a voluntary euthanasia campaigner who had the words "DO NOT RESUSCITATE" tattooed on her chest – both items allegedly in breach of good taste and decency, law and order and children’s interests standards FindingsItem on assisted suicide Standard 1 (good taste and decency) – report was tasteful – did not endorse either position – contextual factors – not upheld Standard 2 (law and order) – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item preceded by warning –…...

Decisions
Niederberger and TV3 Network Services Ltd - 2000-072
2000-072

Complaint3 News – dismissal of teacher – sex with student – identity revealed – privacy FindingsPrivacy – facts in public domain – no uphold This headnote does not form part of the decision. Summary An item on 3 News broadcast on TV3 on 26 March 2000 reported that a female teacher had had a sexual relationship with a student at a school where she had taught. She was named in the report, and a photograph of her was included in the item. In addition there was film footage showing the reporter knocking at the door of her home. Kevin Niederberger complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the teacher’s right to privacy had been violated by naming her, showing her photograph and filming her at her workplace....

Decisions
Malskaitis and TVWorks Ltd - 2011-039
2011-039

Complaint under section 8(1C) of the Broadcasting Act 19893 News – live news bulletin reported on Christchurch earthquake – included close-up footage and interviews with victims – allegedly in breach of standards relating to good taste and decency, privacy, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency) – unedited live news item reporting on extraordinary natural disaster – contextual factors – not upheld Standard 3 (privacy) – people shown identifiable – victims vulnerable – however, no interference in nature of prying – public interest – not upheld Standard 8 (responsible programming) – unscheduled live news programme – warnings – public interest – not upheld Standard 7 (discrimination and denigration) – complainant did not identify section of the community – not upheld This headnote does not form part of the decision....

Decisions
Nichol and TV3 Network Services Ltd - 2003-131
2003-131

Complaint3 News – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – reference to Muslim background and comments from representatives of Muslim communities who had expected him to vote against the Bill – blamed for passage of Bill – held up to ridicule and contempt – unfair FindingsStandard 4 – MP given right to reply to criticism – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item on 3 News, broadcast on TV3 at 6. 00pm on Thursday 26 June, comment was made that the Bill would not have passed had Mr Ashraf Choudhary MP not abstained. It was pointed out that he was a Muslim and that Muslim leaders were opposed to the Bill....

Decisions
Lay and CanWest TVWorks Ltd - 2007-002
2007-002

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about snipers in Baghdad shooting American soldiers – showed footage of nine soldiers being shot – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – strong warning – images were an integral part of the story – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on 10 November 2006, reported the recent occurrence of snipers shooting American soldiers in Baghdad, Iraq, and videotaping the shootings. As the reporter spoke, images of nine soldiers being shot were shown during the item. The following verbal warning preceded the item: A warning, the pictures in this report by ITV’s Bill Nealy could be very disturbing....

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