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Decisions
Henderson and Quayle and TVWorks Ltd - 2009-108
2009-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Dexter promo – contained footage of upcoming episodes with themes of murder and torture – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – promo contained adult themes – incorrectly classified PGR – content warranted an AO classification – upheld Standard 9 (children’s interests) – promo incorrectly classified – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 8 and 9 Standard 2 (law and order) – promo did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld No Order This headnote does not form part of the decision....

Decisions
Young and TVWorks Ltd - 2013-038
2013-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Harry – fictional crime drama series set in South Auckland in which a detective investigated a spate of robberies – allegedly in breach of standards relating to discrimination and denigration, law and order, good taste and decency, violence, and accuracyFindingsStandard 7 (discrimination and denigration) – standard not intended to prevent the broadcast of legitimate drama (guideline 7a) – programme did not encourage the denigration of, or discrimination against, South Pacific people as a section of the community – not upheld Standard 2 (law and order) – depiction of criminal activity in fictional drama did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld Standard 1 (good taste and decency) – sexual content brief and inexplicit – acceptable in the context of AO-rated programme broadcast at 9....

Decisions
Nyhane and TVWorks Ltd - 2010-006
2010-006

Complaint under section 8(1A) of the Broadcasting Act 1989Nightline – item reported shooting of a police officer in Papatoetoe – stated which street the incident occurred in and showed a driveway cordoned off – letterbox number visible – reporter spoke to two neighbours – allegedly in breach of privacy Findings Standard 3 (privacy) – no identifiable individuals – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast on TV3 at 10. 30pm on Tuesday 22 December 2009 reported that a policeman had been shot three times while investigating a car in a driveway. The Nightline reporter stated that two men had been questioned by police, and that “residents of [street and suburb where the incident occurred] had some questions of their own”. Two residents were shown commenting on the incident....

Decisions
Williamson and TVWorks Ltd - 2010-077
2010-077

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item and follow-up item reported on SPCA seizing neglected horses from Douglas Williamson’s farm – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – viewers would not have been misled by either item – not upheld Standard 6 (fairness) – Williamsons were well aware of the nature of the programmes and were given a fair opportunity to comment – not unfair – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on Campbell Live, broadcast on TV3 at 7pm on Tuesday 30 March 2010, was introduced by the presenter saying, “Tonight we’re exclusively with the SPCA and police as they seize dozens of neglected horses from a Christchurch farm. ” The presenter said: . . ....

Decisions
Thomson and TVWorks Ltd - 2011-017
2011-017

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Taken – movie about former CIA officer’s mission to rescue his daughter from foreign slave traders – contained violent scenes including torture, fighting and shootings – allegedly in breach of standards relating to good taste and decency, children’s interests and violence FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – violent material broadcast outside children’s normally accepted viewing times – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] Taken, a fictitious action thriller about a former CIA officer’s mission to rescue his daughter from foreign slave traders, was broadcast on TV3 at 8. 30pm on Monday 31 January 2011....

Decisions
Caswell and TVWorks Ltd - 2012-120
2012-120

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 What’s Really In Our Food? – included a human experiment to test the effects of Omega 3 on attention span in young boys – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – experiment was clearly intended to be light-hearted and entertaining and did not purport to be scientifically rigorous or reliable – conclusions drawn from the experiment were very vague and qualified by words such as “could’ and “may” – viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] An episode of What’s Really In Our Food? , a weekly television series investigating different food groups, and exploring the potential health benefits and/or risks associated with those foods, contained a human experiment to test the effects of Omega 3 on attention span in young boys....

Decisions
Bennachie and TVWorks Ltd - 2008-094
2008-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with representative of End Child Prostitution and Trafficking (ECPAT) about the release of a US report on human trafficking – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item offered one individual’s opinion on the report and trafficking and prostitution generally – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – interviewee made comments from ECPAT’s perspective – clearly distinguishable as comment and opinion – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 from 7am to 9am on 6 June 2008, one of the programme’s hosts announced that the US State Department had released its annual report on human trafficking, which “contains some strong words on New Zealand’s legalised prostitution system”....

Decisions
Nugent and TVWorks Ltd - 2009-070
2009-070

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item about CCTV and New Zealand increasingly becoming a surveillance society – included footage of two school pupils fighting – allegedly in breach of privacy FindingsStandard 3 (privacy) – poor quality footage – no identifying features – pupils not identifiable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 22 June 2009, looked at the increase in CCTV video surveillance in New Zealand and whether the country was becoming a “surveillance society”. [2] The item included brief footage showing two school pupils fighting. The footage was grainy and looked to have been recorded on a cell phone. It showed a group of pupils standing around and jeering as one boy walked up to another and punched him in the head....

Decisions
Family First New Zealand and TVWorks Ltd - 2012-037
2012-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on the Government’s asset sales policy – included excerpts from interviews with opposition MPs, including Hone Harawira who said “bullshit” – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency), and Standard 9 (children’s interests) – the word “bullshit” was used by an MP to express his opinion on a controversial political issue – the comment provided information about a political response to the issue as well as providing insight into the characteristics of a political figure, and was therefore of high value in terms of freedom of expression – comment would not have surprised or distressed most viewers in the context of a political story screened during an unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of…...

Decisions
McGovern and TVWorks Ltd - 2010-052
2010-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – programme contained teaser for item in upcoming episode – teaser about a teenage boy who had committed suicide and the events leading up to his death involving two girls – allegedly unfair FindingsStandard 6 (fairness) – girls not identifiable beyond those who already knew of the events – teaser did not draw any conclusions about their motives or character – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of 60 Minutes was broadcast on TV3 at 7. 30pm on Wednesday 17 February 2010. At the end of the programme, a teaser was shown for an upcoming item that was going to be screened in the following week’s episode....

Decisions
New Zealand Dietetic Association and TVWorks Ltd - 2008-140
2008-140

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! - recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – endorsement of coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 23 September 2008 episode, broadcast at 7....

Decisions
Kirk and TVWorks Ltd - 2007-088
2007-088

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – report on dispute between Jim Anderton and Mike Moore – item showed an email from the complainant in which her name and email address were visible – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) and privacy principles 1 and 4 – email address not covered by privacy principle 4 – personal email address could be a private fact for the purposes of privacy principle 1 in some circumstances – in this case disclosure was incidental to the focus of the report – the disclosure was brief and would not be highly offensive to the objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6....

Decisions
McKay and TVWorks Ltd - 2009-121
2009-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Decisions
Green Cabs and TVWorks Ltd - 2009-071
2009-071

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – conducted a hidden camera trial of six taxi companies in Auckland – noted that driver of Green Cab had looked down at something six times during the journey – allegedly unbalanced, inaccurate and unfair FindingsStandard 6 (fairness) – broadcaster was entitled to edit footage – unclear what the driver was looking at – Target legitimately commented that he demonstrated lapses in concentration and took his eyes off the road – programme broadcast fair reflection of Green Cabs’ response – not unfair – not upheld Standard 5 (accuracy) – concerns better dealt with under fairness – subsumed into consideration of Standard 6 Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast at 7....

Decisions
Brady and TVWorks Ltd - 2012-007
2012-007

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on the purchase of a bluefin tuna at auction for nearly one million dollars – item contained footage of fish’s head being removed and a number of tuna being sliced and filleted – allegedly in breach of good taste and decency and violence standards FindingsStandard 1 (good taste and decency) – killing animals for food is a fact of life – images were not gratuitous and would not have offended most viewers in the context of a news item – not upheld Standard 10 (violence) – filleting fish did not amount to “violence” for the purposes of the standard – not upheld This headnote does not form part of the decision....

Decisions
FD and TVWorks Ltd - 2009-112
2009-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about a man convicted of defrauding ACC who later successfully appealed to the Supreme Court – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – item focused on one man and his successful appeal to the Supreme Court – touched on criticisms of ACC’s conduct which could be controversial and of public importance – broadcast statement from ACC addressing criticisms – not upheld Standard 5 (accuracy) – item omitted information that may have been useful – but did not contain any inaccuracies which amounted to a breach – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on 12 June 2009, featured a man who had been convicted of defrauding ACC, and later won an appeal to the Supreme Court....

Decisions
Radojkovich and TVWorks Ltd - 2010-039
2010-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – segment looked at an upcoming documentary called “How to Spot a Cult” – included an interview with an expert on religion and cults, Dr Dennis Green – comments made about Destiny Church and other religious groups – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item did not involve a “discussion” of a controversial issue of public importance as envisaged by the standard – not upheld Standard 6 (fairness) – people and organisations referred to in the item were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A segment on Sunrise, broadcast on TV3 at 8. 56am on Wednesday 25 November 2009, previewed an upcoming Inside New Zealand documentary called “How to Spot a Cult”....

Decisions
Jordan and TVWorks Ltd - 2009-153
2009-153

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sports Tonight – presenter referred to the English netball team as “Poms” – allegedly in breach of discrimination and denigration Findings Standard 7 (discrimination and denigration) – term was affectionate slang rather than abusive – did not carry level of invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Sports Tonight, broadcast on TV3 at 11pm on Wednesday 21 October 2009, the presenter referred to the New Zealand netball team beating “the Poms in overtime in a one-off test last week”. Complaint [2] Gary Jordan made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the term “pom” was a racial slur against English people and should not be broadcast. He considered the term to be derogatory and offensive....

Decisions
Beckett, Cox and Warren and TVWorks Ltd - 2011-047
2011-047

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – story about “moon man” Ken Ring and his claims he predicted Christchurch earthquakes – John Campbell interviewed Mr Ring – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, children’s interests, responsible programming and violence standards FindingsStandard 6 (fairness) – Mr Ring was treated unfairly – upheld Standard 4 (controversial issues – viewpoints) – Mr Ring’s predictions were a controversial issue of public importance – his views were presented within the period of current interest in other media coverage – not upheld Standard 5 (accuracy) – complainants did not specify which aspects of the programme they considered to be inaccurate, or provide any evidence of inaccuracy – not upheld No Order This headnote does not form part of the decision....

Decisions
Waide and TVWorks Ltd - 2008-058
2008-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

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