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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live, 3 News and The Jono Project – items included hidden camera footage of reporters wearing burqas and speaking to the complainant outside her shop – complainant refused reporters entry to her shop and questioned their style of dress – items commented on complainant’s behaviour – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – guideline 6c – footage obtained through misrepresentation and complainant was not informed of the nature of her participation – footage not justified by the public interest – complainant should have been given an opportunity to respond to the negative portrayal of her in the programmes – upheld Standard 3 (privacy) – complainant identifiable – broadcasts did not disclose any private facts – filming occurred in a public place and complainant not particularly vulnerable – not upheld Standard 5 (accuracy) – 3 News and Campbell Live…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – investigated one couple’s practice of grazing cattle along the banks of the Pahaoa River in the Wairarapa – interviewed concerned neighbour, environmental scientist, Greater Wellington Regional Council, and spokesman for Federated Farmers – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – story focused on one couple – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – two aspects upheld Standard 6 (fairness) – the Riddells were not given a reasonable opportunity to present their side of the story – reporter’s approach unfair – upheld OrderSection 13(1)(a) – broadcast statement Section 16(1) – legal costs to the complainant $1,670 This headnote does not form part of the decision. Broadcast [1] On Campbell Live, broadcast on TV3 at 7pm on 4 February 2009, the host introduced a story, saying: Let’s. . ....

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....

Complaint under section 8(1C)(c)(i) of the Broadcasting Act 1989Target – item looked at the business practices of a private chiropractic practice called The Spinal Health Foundation and its resident chiropractor, Dr Sean Parker – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did not imply that Dr Parker was offering personal loans to patients or that pre-pay arrangements were unethical – statement relating to possible breaches of ethics was sufficiently qualified – not upheld – decline to determine point relating to changing of paperwork under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – questions asked of Dr Parker were generic – complainant given adequate opportunity to respond – broadcaster treated Dr Parker fairly – 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 on the petition to overturn the removal of section 59 of the Crimes Act and whether a referendum on the issue should be held during the 2008 election – contained film clips of an adult lightly smacking a child’s bottom with an open hand – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – viewers would not have been misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News entitled “The Smacking Law Referendum” was broadcast on TV3 at 6pm on Tuesday 24 June 2008. It looked at a petition aimed at overturning the repeal of section 59 from the Crimes Act 1961 and, if the petition obtained the required number of signatures, whether a referendum on the issue should be included in the 2008 election....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – presenters and two guests had a discussion about a 19-year-old girl from Northland who sold her virginity for $45,000 – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – themes discussed would have gone over the heads of younger viewers – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment on Sunrise called “Uncles”, broadcast on TV3 at 7. 55am on Wednesday 3 February 2010, the presenters and two guests (the uncles) started a discussion about a 19-year-old girl from Northland who had sold her virginity for $45,000....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – items reported that the Ministry of Social Development had hired a “prominent drag queen to motivate staff” – reported that the National Party believed taxpayers’ money was being wasted – allegedly inaccurate and unfairFindings Standard 5 (accuracy) – items implied MSD had hired a drag artist as a motivational speaker – MSD had really hired Edward Cowley as a professional facilitator – misleading and inaccurate – upheld Standard 6 (fairness) – unfair to MSD and to Mr Cowley – upheld Standard 4 (balance) – subsumed into Standards 5 and 6 Order Section 16(4) – payment of $2500 costs to the Crown This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item about strip club contained brief footage of woman wearing a G-string dancing erotically on a pole – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – footage was very brief and had some relevance to the subject matter – programme was broadcast more than two hours after the Adults Only watershed – majority of viewers would not have been offended in this context – not upheld This headnote does not form part of the decision. Introduction [1] An item on Nightline followed up an earlier report on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Forgetting Sarah Marshall– contained three brief shots of a naked man with his genitals visible at approximately 8. 35pm – use of words “fuck” and “fucking” at about 8. 40pm – allegedly in breach of standards relating to good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – nudity was fleeting and non-sexualised – expletives were incidental and used colloquially rather than abusively – content did not amount to “strong adult material” broadcast too soon after the AO watershed – movie was classified AO and broadcast outside children’s viewing times – warning for nudity and language allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Forgetting Sarah Marshall was broadcast on TV3 at 8....

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand Labour Party – woman said “I just can’t trust you” referring to John Key, Leader of the Opposition – allegedly denigrated Mr Key Findings Election Programmes Code Standard E3 (denigration) – statements in the advertisement did not reach the threshold for a breach of the denigration standard – not upheld. This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on Sunday 2 November at 8. 45pm. It showed a woman in her home giving a drink to a toddler sitting in a high chair. The woman said to camera: You hear people saying, “Helen’s been there a while, give the other guy a go”. And I was thinking, “yeah, sounds fair enough”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – hidden camera footage of caregivers hired to look after elderly actor – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) and privacy principle 3 – caregivers had an interest in seclusion – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – individual caregivers did not provide informed consent – public interest did not outweigh breach of individuals’ privacy – upheld Standard 6 (fairness) and guideline 6c – footage obtained “through misrepresentation or deception” – not required to use deception in the public interest – unfair to broadcast hidden camera footage – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast at 7. 30pm on 3 July 2007....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South Park – animated series depicted the Queen committing suicide – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – episode used parody and satire to comment on politics – freedom of expression includes the right to satirise public figures – content acceptable during AO programme screened at 9. 30pm – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the cartoon comedy South Park was broadcast on FOUR at 9. 30pm on 21 June 2012. Towards the end of the episode, Queen Elizabeth II was depicted committing suicide by shooting herself in the mouth, following a botched terrorism attempt....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – contained footage of spiders and skeletal remains – broadcast during 3 News at approximately 6. 55pm – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – promo correctly classified G – not upheld Standard 9 (children’s interests) – promo correctly classified – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Bones was broadcast at approximately 6. 55pm on 25 April 2010 during 3 News on TV3. [2] Bones was a drama series about a forensic anthropologist called upon by the FBI to solve complex murder cases....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Inside New Zealand: Inside Child Poverty – documentary investigated child poverty in New Zealand – documentary-maker gave his perspective on the role of government policy in contributing to the current situation – allegedly in breach of law and order and fairness standards FindingsStandard 6 (fairness) – investigation into child poverty engaged high value speech – proposals for policy reform were not specific to any one political party – generic and non-partisan approach – not unfair to National Party – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the documentary series Inside New Zealand, entitled Inside Child Poverty, was broadcast on TV3 on 22 November 2011....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Coastwatch – included footage of Fisheries officers enforcing blue cod catch restrictions in the Marlborough Sounds – footage shown of officers pulling up to a boat which had been fishing in a banned area and issuing an infringement notice to the skipper for breaching the fishing restrictions – occupants of the boat were shown unpixellated – allegedly in breach of privacy and fairness standards FindingsStandard 6 (fairness) – footage was matter-of-fact and not sensationalised – complainant was fined for a relatively serious offence – complainant and his companion treated fairly overall – not upheld Standard 3 (privacy) – footage taken in a public place – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Coastwatch was broadcast on TV2 on Monday 13 April 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contestant told a story about punching a boy at school who had Down syndrome – allegedly in breach of good taste and decency and discrimination and denigration standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments lacked necessary invective – attempt at humour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme 7 Days was broadcast on TV3 at 10pm on Friday 27 November 2009. The programme involved the host questioning two three-person teams of comedians about various events which had been reported in the media during the week. [2] During the programme, the panellists discussed an event that had occurred in America called “Kick a Ginger Day”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item looked at trial of prison inmate charged with taking a female prison officer hostage and sexually assaulting her – showed Crown prosecutor telling the court that the inmate had shown the officer a note which referred to oral sex and had sniffed a sanitary disposal unit – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 12 May 2008, reported on the trial of a prison inmate who was facing five charges, including kidnapping and sexual assault, after taking a female prison officer hostage. The reporter stated that he had “barricaded the door and began to talk about sex and was visibly aroused”....