Dated: 21 December 2007 Decision No:  2007-095

Complainant R DODD of Whangarei Broadcaster TVWORKS LTD broadcasting as TV3

 

 

Members

Broadcast

[1]   Prior to a commercial break during 3 News on 12 July 2007, a promo was shown that read “next – Top Chef”.

[2]   Prior to a commercial break during 3 News on 13 July 2007, a promo was shown that read “next – Project Runway”.

Complaint

[3]   R Dodd made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the use of the word “next” was inaccurate and in breach of broadcasting standards.

[4]   Mr Dodd maintained that the promos reading “next – Top Chef” and “next – Project Runway” were followed by advertising, then more of 3 News and then more advertising. He argued that the promos were inaccurate, as the programmes advertised did not immediately follow the promos.

Broadcaster's Response to the Complainant

[5]   TVWorks argued that Mr Dodds had not raised any issues of broadcasting standards and declined to investigate the complaint.

Referral to the Authority

[6]   Dissatisfied with the broadcaster’s response, Mr Dodds referred his complaint regarding the use of the word “next” to the Authority under section 8(1)(a) of the Broadcasting Act 1989.

Authority's Determination

[7]  The members of the Authority have read the correspondence listed in the Appendix. The Authority considers the complaint without a formal hearing.

[8]   Section 11(a) of the Broadcasting Act 1989 allows the Authority to decline to determine a complaint which it considers to be frivolous, vexatious, or trivial.

[9]   In Decision No. 2007-040, the Authority declined to uphold a complaint from Mr Dodd regarding the use of the word “next” in promos. This second complaint from Mr Dodd does not raise any new issues that were not canvassed in that decision.

[10]   In these circumstances, the Authority concludes that the complaint is trivial and vexatious, and it declines to determine the complaint under section 11(a) of the Broadcasting Act.

For the above reasons the Authority declines to determine the complaint under section 11(a) of the Broadcasting Act 1989.

Signed for and on behalf of the Authority

 

Joanne Morris
Chair

21 December 2007

Appendix

The following correspondence was received and considered by the Authority when it determined this complaint:

1.           R Dodd’s formal complaint – 12 August 2007
2.           TVWorks’ response to the formal complaint – 17 August 2007
3.           R Dodd’s referral to the Authority – 26 August 2007
4.           TVWorks’ response to the Authority – 21 September 2007