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An application by TV3 Network Services Ltd for an interim injunction failed in the High Court: CP 81/99 PDF2. 73 MB INTERIM DECISIONA number of complaints were referred to the Broadcasting Standards Authority concerning a 20/20 item entitled "Sex, Lies and Videotape" broadcast on TV3 on 28 June 1998 and a related news item broadcast on 3 News on 29 June 1998. There has been extensive correspondence between the complainants, the broadcaster and the Authority in the intervening months. On 24 March 1999, the Authority received advice from the solicitors acting for TV3 in which they noted that four of the principal complainants had alluded to the possibility of taking defamation proceedings against TV3. TV3 argued that the Authority would be severely prejudiced if the complaints were allowed to proceed under these circumstances....

SummaryAn episode of British Sex was broadcast on TV3 at 9. 30pm on 28 October 1999. This series was publicised as a programme with a straight talking approach to all things sexual, which featuring "ordinary" people. Daphne Painting complained to TV3 Network Services Ltd, the broadcaster, that the programme was "a polluting intrusion and desecration of [her] home". She complained particularly about footage of a "body caster", who modelled body parts, including genitalia, which she described as "reprehensible in the extreme". She also stated her opinion that the programme’s effect on children would be to "corrupt" them. TV3 responded that British Sex was AO rated, screened an hour after the AO watershed, and was preceded by a written and verbal warning. It did not consider that the "body caster" segment was unacceptable in that context, commenting that the castings were non-sexual, and were neither lewd nor degrading....

Download a PDF of this interlocutory decision:Interlocutory Decision 1999-ID001–ID008 PDF185. 96 kB...

ComplaintTarget – unauthorised filming on private premises – breach of privacy FindingsPrivacy principles (i) and (iii) applied – footage inoffensive – no breach of privacy – no uphold This headnote does not form part of the decision. Summary A hidden camera was used on a Target programme broadcast on TV3 on 9 July 2000 to assess whether a car’s wheel alignment had been properly carried out. The footage broadcast included pictures of the outside of the business premises, and members of the staff dealing with the customer. Chris Clarke, the proprietor of Action Auto Services, complained to the Broadcasting Standards Authority about the broadcast, arguing that the filming had been carried out unlawfully on his premises. His complaint concerned the promos for the programme as well as the programme itself....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-149 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE MONARCHIST LEAGUE OF NEW ZEALAND INC Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintLast Dance – movie – offensive language – "is she sucking your cock? " – "cock sucking bitch" FindingsStandard G2 – context – AO programme – AO time – warning – no uphold This headnote does not form part of the decision. Summary The movie Last Dance was broadcast on TV3 at 9. 30pm on Thursday, 15 March 2001. Last Dance is a movie about a government official who tries to save a woman on death row from execution. Philip Smits complained to the broadcaster, TV3 Network Services Ltd, that a scene during which one character asks another "is she sucking your cock? " and the woman on death row is referred to as a "cock sucking bitch" contained language which was unacceptable for broadcast....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 125/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P R PARRY of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-123 Decision No: 1996-124 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DUPONT (NEW ZEALAND) LTD Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....

ComplaintFight For Life – charity entertainment including boxing and singing for The Yellow Ribbon Trust – one boxer asked if he had a “big knob” – offensive FindingsStandard 1 and Guideline 1a – contextual matters – majority – no uphold This headnote does not form part of the decision. Summary [1] Australian Mark Geyer was one of the boxers who participated in Fight For Life, a charity entertainment programme involving boxing, comedy, and singing for The Yellow Ribbon Trust, broadcast on TV3 between 7. 30–11. 00pm on 14 August 2003. Before his fight, Mr Geyer was asked whether he had a “big knob”. [2] Jean Lattin and Eardley Dijkstra each complained to TV3 Network Services Ltd, the broadcaster, that the question was offensive and improper. [3] In response, TV3 explained that the question was part of a live broadcast and unscripted and, given the time of the broadcast (10....

Complaint3 News – shipment of nuclear waste – MOX fuel, not plutonium – not weapons grade – not for military use – misleading to imply shipment could be diverted for terrorist use FindingsStandard G14 – inaccurate, unfair, impartial – sources partial – implications not warranted on the facts – uphold OrderBroadcast of statement summarising decision This headnote does not form part of the decision. Summary Weapons-grade plutonium was being shipped through the Tasman Sea on its way to Japan, according to a news item on 3 News broadcast on 2 September 1999 at about 6. 30pm. It was suggested that Japan could use the plutonium for military purposes, and that the shipment’s passage posed a threat to New Zealand’s national sovereignty....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 74/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NOBILANGELO CERAMALUS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

SummaryA prison officer who was accused of impregnating a prison inmate was the subject of a news item broadcast on 3 National News on 12 August 1998 between 6. 00–7. 00pm. B of Wellington complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her family’s privacy was breached, as footage of their family home was included in the item. In fact, she wrote, it was her partner’s brother who had been accused. He had never lived at their address. She emphasised that her family had been caused great distress by the broadcast. TV3 responded that it went to B’s address having made its own inquiries as to where the prison officer lived. It advised that it was apparent when the reporter knocked on the door that the man who answered the door did not wish to be interviewed....

SummaryThe police response to a drink-drive incident was featured on Emergency Heroes broadcast by TV3 on 23 February 1999 at 7. 30pm. A man was seen being arrested for driving with a blood alcohol level over the legal limit. His voice and facial features were partially obscured in the programme, although promos for the programme were broadcast unaltered. JD, the convicted driver, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his privacy had been breached by the broadcast of the promos, which did not conceal his identity at all, and by the programme, because he maintained it inadequately concealed his identity. TV3 Network Services Ltd responded to the Authority that JD had given consent at the time of his arrest to the broadcast of the footage, and had known the purpose for which it was being filmed....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-178 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CATHY MICKLESON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-085 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G E WILLIAMS of Hastings Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

ComplaintPromos – The Strip – sexual material – allegedly offensive – promos for AO programme screened in G and PGR time-bands – inappropriate FindingsStandard 1 – contextual factors – no uphold Standard 5 – not relevant – no uphold Standard 7 – majority – promos appropriately classified PGR – minority – inappropriate rating – classification code AO should have been used – two promos shown during 3 News – failed to comply with PGR time-band – uphold; majority – promo shown during 20/20 – complied with PGR time-band – no uphold – minority – inappropriate classification – breachNo Order This headnote does not form part of the decision. Summary [1] Promos for The Strip were broadcast by TV3 at various times on 30 June, 1 and 6 July 2003....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 26/95 Decision No: 27 /95 Dated the 11th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALCOHOL HEALTHWATCH of Auckland and HEALTH ACTION of Nelson Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...