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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.…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the 65th anniversary of the arrival of New Zealand’s first refugees – stated that the orphaned Polish children had spent time in Russian orphanages – allegedly inaccurate Findings Standard 5 (accuracy) – history of what happened to the Polish refugees and their families prior to coming to New Zealand was not material to the focus of the item – viewers not misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Sunday 1 November 2009, reported on the 65th anniversary of New Zealand’s first refugees, who were 732 Polish children and 102 caregivers. [2] The presenter introduced the item by saying: It’s 65 years today since New Zealand welcomed its first refugees....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on attempted rescue of surfing students being instructed by the complainant – showed confrontation between the complainant and members of the Piha Surf Lifesaving Club – reporter stated that “the first thing that [the Department of Labour] will find is that he is not even a registered surf instructor” – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – accurate to say that complainant was not registered – implication was not that he had acted illegally, but that he had not demonstrated best practice – item contained clear comments from the complainant and from the school that he had not done anything wrong – viewers would not have been misled – not upheld Standard 6 (fairness) – item fairly presented complainant’s response – complainant treated fairly – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] An item on 3 News covered the state of the Labour Party leadership after the 2014 general election. The Authority did not uphold a complaint that the item contained multiple errors of fact and the political editor misrepresented David Cunliffe’s stated position. While errors were made in the broadcast (which were acknowledged by the broadcaster), they were technical in nature and not material to the focus of the item, which was the confusion surrounding the Labour Party leadership. The explanations given in the broadcast would not have misled viewers as to the general Labour Party process for leadership elections, and any misunderstanding around Mr Cunliffe’s position was due to his own contradictory statements. Not Upheld: Accuracy   Introduction [1] An item on 3 News covered the state of the Labour Party leadership after the 2014 general election....

Summary [This summary does not form part of the decision. ] A 3 News item reported on a charge of offensive language laid against a police woman, following an incident between her and a taxi driver. The item showed excerpts of the taxi’s security footage and contained interviews with the taxi company’s managing director and office manager who were critical of the police and considered assault charges should have been laid. The Authority did not uphold the complaint that the item prejudiced the police woman’s right to a fair hearing and that it was inaccurate and unfair. There was high public interest in the item, the item was largely presented from the perspective of the interviewees and the taxi company, and it did not encourage viewers to break the law or otherwise promote criminal activity....

This decision was successfully appealed in the High Court: AP 147-01 PDF 1. 5 MB Complaint3 News – bottle store robbery – footage from security camera showed man being stabbed – gratuitous – violentFindingsV12 – use of footage twice was gratuitous – footage graphic and distressing – warning required – upholdOrderBroadcast of statementThis headnote does not form part of the decision. Summary[1] The attempted robbery of an Auckland liquor store was dealt with in an item on 3 News broadcast on TV3 at 6. 00pm on 5 August 2001. The item included footage from a security camera which showed a man being stabbed twice. The footage was screened twice. [2] Rebekah Holt complained to TV3 Network Services Ltd, the broadcaster, that the footage was gratuitous, and inappropriate before 8. 30pm....

Complaint3 News – child participants – mother’s consent – children of gang member sought by police FindingsPrivacy principle (i) – uphold Privacy principle (vii) – mother’s consent insufficient – not in children’s best interests – uphold No Order This headnote does not form part of the decision. Summary An item about the "Screwdriver Gang" being sought by police was broadcast on 3 News on 25 January 2000 between 6. 00–7. 00pm. Footage was shown of two pre-school children whose father was a member of the gang. Miriam Rea complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the children’s right to privacy. She said regardless of whether the mother had given permission for the filming, she deplored TV3’s decision to include the footage of the children in the item....

Complaint3 News – circus tigers escaped – footage of vet being shot dead by pursuers – no warning – graphic content – unsuitable for children FindingsStandard G12 – unsuitable for broadcast without warning – majority uphold Standard V12 warning required for disturbing images – majority uphold This headnote does not form part of the decision. Summary Footage showing the capture and shooting of one of three Bengali tigers which had escaped from a circus in Warsaw was broadcast on 3 News on 15 March 2000 between 6. 00-7. 00pm. The item included footage of a veterinarian, who was trying to shoot the tiger with a tranquiliser gun, himself being accidentally shot and killed. Gillean Parsonson complained to TV3 Network Services Ltd that it was "thoroughly irresponsible" to broadcast such graphically violent content in the early evening when children would be watching television....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on world’s first 3D erotic film, Sex and Zen – included clips from the movie – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – legitimate news story – contextual factors – not upheld Standard 9 (children’s interests) – film clips were effectively censored – unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item during 3 News, broadcast on TV3 at 6pm on 5 May 2011, reported on the opening of the world’s first 3D erotic film, Sex and Zen. The item was introduced as follows: Thanks to Avatar, when people think of 3D films they probably conjure up the colour blue....

Summary [This summary does not form part of the decision. ] A 3 News update, broadcast during the PGR-rated movie Night at the Museum 2, featured security footage of a man who walked into a petrol station with a metal rod lodged in his head. The Authority did not uphold a complaint that the update screened graphic and disturbing violent footage, without a warning, which would have upset children. This was a newsworthy story and the footage was relatively inexplicit. It was reasonable to expect that child viewers would have been supervised by adults, given the movie was rated PGR, and children were unlikely to be unduly alarmed or disturbed in this context. Not Upheld: Children's Interests Introduction [1] A 3 News update, broadcast at 7....

This decision was successfully appealed in the High Court: CIV 2010-485-2161 PDF106. 39 KBMember Tapu Misa declared a conflict of interest and did not participate in the Authority's determination of this interlocutary matter. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about meeting between Minister of Social Development and woman whose benefit details had been publicly released by the Minister – question of whether Authority has jurisdiction to accept a referral of the complaint Ruling29 April news item – majority decision – Authority has jurisdiction to accept the referral30 April news item – Authority does not have jurisdiction to accept the referralThis headnote does not form part of the decision....

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?...

Summary [This summary does not form part of the decision] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election. The presenter made comments about ACT's law and order policies and Mr Whyte's views on incest and polygamy. The Authority declined to uphold the complaint that the broadcast inaccurately described ACT's policies and Mr Whyte's views, and as such was unfair to ACT and Mr Whyte. The broadcaster made reasonable efforts to ensure that the item was accurate, and the comments were not unfair in the context of a robust election environment. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News report looked at ACT Party leader Jamie Whyte's policies in the lead up to the general election....

Summary [This summary does not form part of the decision. ] A 3 News item about Andrew Little's 'state of the nation' address, in which he promised that under the Labour Party, New Zealand would have the lowest unemployment rate in the OECD, featured an exchange between the reporter and Mr Little about unemployment rates. The Authority did not uphold the complaint that the item was misleading and unfair to Mr Little in giving the impression he did not know New Zealand's current unemployment rate when in fact he did. It was clear that the figure Mr Little was unable to quote was the current lowest OECD unemployment rate and the item did not unfairly distort his views. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News bulletin reported the 'state of the nation' address from each of the leaders of the main political parties....

Summary [This summary does not form part of the decision. ] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The Authority did not uphold the complaint that the item was unbalanced and inaccurate in that the editor 'presented. . . opinion as fact' and used 'highly emotive language'. The report provided sufficient balance, and the statements complained of were clearly the editor's opinion and analysis rather than statements of fact to which the accuracy standard applied. Not Upheld: Controversial Issues, Accuracy Introduction [1] The 3 News political editor reported on proposed legislative changes to pay rises for Members of Parliament. The item contained some analysis from the editor, excerpts of a press conference given by Prime Pat John Key and graphics depicting how the law change would affect MPs' pay....

Complaint under section 8(1C)(c)(i) of the Broadcasting Act 19893 News – item included results from a political poll – results were shown visually with the use of an on-screen graphic – each party’s percentage of votes was translated into number of seats in the House – ACT Party and the United Future Party shown to receive two seats each – allegedly inaccurate Findings Standard 5 (accuracy) – graphic shown on-screen was inaccurate – upheld No OrderThis headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 16 December 2007, reported on TV3’s final political poll of 2007. The results of the poll were given verbally and visually with the use of on-screen graphics....

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....

Complaint3 News item about release from prison of paedophile to mother’s home – man identified – media waiting outside mother’s home – elderly woman shown attacking 3 News crew – unfair to woman as item did not explain events leading up to the attack – woman not allowed to express her view – TV3 did not display sensitivity in distressing situation FindingsStandard 6 and Guidelines 6a, 6b, 6d, 6e, 6f – elderly woman not treated unfairly – no uphold This headnote does not form part of the decision. Summary [1] The release from prison of a paedophile to his mother’s home in Palmerston North was the subject of wide media coverage. The coverage on 3 News included some visuals of an elderly woman attacking a TV3 reporter and cameraman....

Summary [This summary does not form part of the decision. ] A 3 News item reported on the results of its latest political research poll. The Authority did not uphold the complaint that the results were inaccurate because they were within the margin of error of +/- 3. 1 percent. Viewers are familiar with this mode of reporting, particularly in the lead-up to an election. The margin of error was clearly displayed onscreen, leaving the audience to form their own views about how much weight should be given to the poll. Not Upheld: Accuracy Introduction [1] A 3 News item reported on the results of its latest political research poll. A political correspondent outlined the results of the poll in relation to party standings, seats in the house, and preferred Prime Minister. The item aired on TV3 on 30 March 2014....