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CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – follow-up to TV3 “special investigation” Let Us Spray– said that Ministry of Health had “finally admitted it tests positive for political contamination” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – subsumed into consideration of Standards 5 and 6 Standard 5 (accuracy) – inaccurate to state that Ministry of Health had “finally admitted it tests positive for political contamination” – upheld Standard 6 (fairness) – unfair to Ministry of Health – not unfair to peer reviewer of study or to ESR – upheld No Order This headnote does not form part of the decision....

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....

This decision was successfully appealed in the High Court: CIV 2007-485-2060 PDF46. 29 KB Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – interviewed a woman who was a committed patient under the Mental Health (Compulsory Assessment & Treatment) Act 1992 and receiving electroconvulsive therapy – woman said that she wanted the treatment to stop – item reported the view of the psychiatric hospital that the woman “was not well enough at the time of the interview to have given informed consent to it” – allegedly in breach of privacyFindings Standard 3 (privacy) and privacy principle 1 – disclosed private facts about woman – woman not capable of giving informed consent – no public interest in disclosing the private facts – upheldOrderSection 16(4) – payment of costs to the Crown $1,500This headnote does not form part of the decision....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the effects the recession was having on the adult entertainment industry – contained footage from “Boobs on Bikes” parade – included footage of a male stripper, a topless woman covered in body paint and three women dancing provocatively with one another – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – majority – footage of male stripper and women dancing provocatively was marginal – contextual factors – not upheld Standard 9 (children’s interests) – majority – item’s introduction gave adequate warning to parents and caregivers to exercise discretion – upholding the complaint would be an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision....

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....

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 – news reader stated “What is wrong with these people, I ask”, with reference to Richie McCaw and others declining invitations to Royal wedding – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – complaint frivolous – 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 3 News, broadcast on TV3 at 6pm on Wednesday 27 April 2011, reported on Prince William and Kate Middleton’s plans following their upcoming wedding. At the end of the item, the reporter stated: And just this morning we’ve heard that a third wedding guest has returned his invitation....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a 3-year-old child walking a tightrope over a tiger enclosure – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – light-hearted human interest story – child not humiliated – adequate care and sensitivity shown by broadcaster – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 14 April 2010, reported that a 3-year-old child had walked a tightrope above a tiger enclosure in China as part of a publicity stunt for a circus....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the death of a Georgian luger at the Winter Olympics in Canada – showed footage of the athlete coming off his sled, flying over the barrier and hitting a metal pole – included still shots of the athlete in the air just prior to hitting the pole and then again in slow motion – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – contextual factors – item handled with care and sensitivity – not upheld Standard 3 (privacy) – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on John Key’s visit to Greymouth – allegedly unbalanced Findings Standard 4 (balance) – complainant mistaken about contents of item – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 24 October 2008, was introduced as follows: [Labour is] poised to get back in Government, the head of a coalition of parties, and that’s a vision [leader of the National Party, John Key] describes as "a five-headed monster of the left", and one he hopes voters will flee from. Well, political editor Duncan Garner has travelled with Key to the West Coast today. . . [2] Mr Garner reported that "John Key's comments today do come as a direct result of that poll last night. . . "....

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....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – interview with motorbike stuntman at the Western Springs Speedway – showed footage of two men operating leaf blowers outside the speedway – allegedly in breach of privacyFindingsStandard 3 (privacy) – broadcast did not disclose that complainant was completing a community work sentence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 11 October 2006, included an interview with one of the “Crusty Demons” – a motorbike stunt team which was visiting New Zealand. The item was filmed mostly at the Western Springs Speedway. At the conclusion of the segment, footage of two men operating leaf blowers in a surrounding area of the speedway was shown....

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....

Summary[This summary does not form part of the decision. ]A 3 News item reported on Labour Party leader Andrew Little’s response to questions about his party’s use of data allegedly showing the percentage of offshore Chinese home-buyers in Auckland. The Authority did not uphold a complaint that the item lacked balance because it was dominated by the political editor’s point of view. The item included balancing comment from both Mr Little and Labour Housing Spokesman Phil Twyford and it would have been clear to viewers that the political editor was giving his own robust commentary and analysis of the issue. Not Upheld: Controversial IssuesIntroduction[1] A 3 News item reported on Labour Party leader Andrew Little’s response to questions about his party’s use of real estate data allegedly showing the percentage of offshore Chinese home-buyers in Auckland....

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....