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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
Ruawai College Board of Trustees and TVWorks Ltd - 2013-003
2013-003

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on bullying incident at Ruawai College, told from the perspective of the victim’s mother – victim’s mother expressed frustration at the school because she was not informed of the incident until a couple of days after it occurred – contained repeated footage of the incident – allegedly in breach of standards relating to good taste and decency, privacy, accuracy and fairnessFindingsStandard 6 (fairness) – item did not create an unfairly negative impression of the school and staff members – school was provided with fair and reasonable opportunity to comment and the Principal adequately presented the school’s position – item did not create an unfair impression about the timing or duration of the incident – reference to letter was not unfair – footage of police was due to an oversight – school and staff members treated fairly and overall…...

Decisions
Steens and TVWorks Ltd - 2013-020
2013-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on parole of a man who was jailed in relation to the so-called “Urewera anti-terror raids” – newsreader said men were “jailed over military-style training camps” – showed photograph of Tame Iti wearing a balaclava-type headpiece and holding a gun – allegedly in breach of controversial issues, accuracy and fairness standardsFindingsStandard 5 (accuracy) – while newsreader’s statement that the men were “jailed over military-style training camps” was technically inaccurate, the position was immediately clarified when the newsreader said they were sentenced for firearms offences – photograph of Tame Iti was relevant to the subject matter and would not have misled viewers – item not inaccurate or misleading – not upheld Standard 6 (fairness) – newsreader’s introductory comment and photograph of Tame Iti did not create unfair impression that the men were terrorists – not upheld Standard 4 (controversial issues) –…...

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
Right to Life New Zealand and TVWorks Ltd - 2013-062
2013-062

Summary [This summary does not form part of the decision. ]A 3 News item reported on newly released statistics showing a decline in the number of abortions performed in New Zealand. It included one possible reason why, put forward by the Abortion Law Reform Association of New Zealand. The Authority did not uphold the complaint that the item was unbalanced because it did not also include the ‘pro-life’ perspective on why the rates were declining. While abortion is a controversial issue of public importance, the fact abortion rates have declined is not, and there has not been any significant debate about the reasons for the decrease. The broadcaster was not required to canvass perspectives for and against abortion given the item was a straightforward report on new statistics....

Decisions
Sime and TVWorks Ltd - 2009-080
2009-080

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on MTV music awards – showed actor Sacha Baron Cohen as his character Bruno dressed as an angel and only wearing a harness – Bruno was lowered in front of musician Eminem who was sitting in the crowd – Bruno was suspended upside down so that his buttocks were in the musician’s face – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – unsupervised children unlikely to watch news programmes – item did not contain material that would have disturbed or alarmed child viewers – not upheld This headnote does not form part of the decision....

Decisions
Brookes and TVWorks Ltd - 2008-113
2008-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....

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
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....

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
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
du Fresne and CanWest TVWorks Ltd - 2007-017
2007-017

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....

Decisions
Federated Mountain Clubs of New Zealand Inc and CanWest TVWorks Ltd - 2007-044
2007-044

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – reported reaction of recreational groups and farmers to recommendations made by the government’s Walking Access Consultation Panel – allegedly inaccurate and unbalanced Findings Standard 5 (accuracy) – item would not have misled viewers – not upheld Standard 4 (balance) – did not discuss a controversial issue of public importance – balance standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 7 March 2007, discussed the release of the recommendations made by the government’s Walking Access Consultation Panel....

Decisions
GH and CanWest TVWorks Ltd - 2006-120
2006-120

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....

Decisions
The Warehouse Group Ltd and CanWest TVWorks Ltd - 2004-202
2004-202

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about pyjamas purchased from The Warehouse that had ignited and burned a five-year-old boy while he was standing next to a gas heater – allegedly unbalanced, unfair and inaccurate – broadcaster upheld one aspect of accuracy – balance, fairness and dissatisfaction with action taken referred to AuthorityFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – action taken by broadcaster on aspect it upheld was sufficient – no other inaccuracies – not upheld Standard 6 (fairness) – unfair to The Warehouse in the preparation and presentation of the programme – upheld Orders Broadcast of a statement Payment of legal costs of $3,000This headnote does not form part of the decision....

Decisions
Whiterod and CanWest TVWorks Ltd - 2004-180
2004-180

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....

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
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
OK Gift Shop Ltd and CanWest TVWorks Ltd - 2004-199
2004-199

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Item on 3 News focussing on the sale of imported jade marketed as New Zealand pounamu – complainant’s shop identified – interior of shop shown in hidden camera sequence – unrelated shop assistant shown – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – subsumed under fairness Standard 5 (accuracy) – subsumed under fairness Standard 6 (fairness) – shop clearly identified – no opportunity given to comment – hidden filming unjustified – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast at 6pm on 21 September 2004, contained an item reporting on moves taken by Ngai Tahu to control the marketing of pounamu (New Zealand greenstone). The item alleged that overseas jade was being passed off as pounamu....

Decisions
Francis and TV3 Network Services Ltd - 2002-023
2002-023

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....