Search Rapua

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – story explored the craze surrounding imitations of Jackass movies involving dangerous stunts and an internet site that was profiting from it – footage of stunts shown – allegedly in breach of good taste and decency and law and order standards Findings Standard 1 (good taste and decency) – shocking footage was appropriate given the focus of the programme – warning was adequate – not upheld Standard 2 (law and order) – item was a cautionary tale – did not encourage or promote, condone or glamorise criminal activity – not upheld No OrderThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintA viewer of Outrageous Fortune complained about the "graphic naked sex acts", which were "bordering on pornography", and the line "I want your cock in me now", delivered by one of the female characters. The viewer said the programme breached standards of good taste and decency and was demeaning to women. The Broadcaster’s ResponseTVWorks argued that viewers expected material broadcast at 9. 30pm to be "mature in nature". It said that the sex scenes and language were appropriate for the Adults Only (AO) classification, and maintained that none of the sex scenes contained explicit nudity. The broadcaster said Outrageous Fortune often contained storylines revolving around sexual themes and there was considerable audience expectation of the type of material shown in the programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on closure of Gardies, a well-known student pub in Dunedin – contained male nudity including genitalia – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and non-sexual – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast on TV3 at 10. 39pm on Friday 18 June 2010, reported on the closure of a well-known student pub in Dunedin, The Garden Tavern, known as Gardies. The reporter stated that nudity had been a “big chapter in the bar’s history”, and approximately one minute into the item a group of young men were shown playing nude rugby outside the bar. The men were filmed running towards the camera, exercising and stretching, with their genitalia visible....

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(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – promos contained the word “next” – allegedly inaccurate Findings Standard 5 (accuracy) – complaint trivial and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. 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....

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 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”....

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(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the chief executive of the EMA that female workers are less productive because they take sick leave when they are menstruating – interviewed chief executive – panel discussed comments – question of whether Authority has jurisdiction to accept a referral of the complaint FindingsAuthority has jurisdiction to accept the referral This headnote does not form part of the decision. INTERLOCUTORY DECISION [1] On 23 and 24 June 2011 there were broadcasts of the programme Campbell Live concerning the complainant, Alisdair Thompson. On 20 July 2011 within the period for making complaints, the complainants lodged complaints with the broadcaster. Their complaints were conveyed by email and also by a couriered letter. On 21 July 2011, the broadcaster notified the complainants by email that their complaints had been received....

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(1C) of the Broadcasting Act 1989Sunrise – item featured a woman who ran a sanctuary for ex-battery hens – included footage of caged hens – woman described condition of hens when they arrived at her property – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item focused on the experience of one woman – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – statement about uric acid presented as fact – inaccurate but immaterial in context of human interest story – point was that chickens were in poor condition as a result of being caged – not misleading to use footage of battery hens – not upheld Standard 6 (fairness) – industry not an individual or organisation taking part or referred to – complainant did not take part and was not referred to – not applicable – not upheld This headnote does…...

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(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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on death of a teenage boy whose body was found in a Christchurch park – footage of the clothed legs and torso of the deceased shown – 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 13 February 2008, reported on the death of a teenage boy whose body was discovered in a Christchurch park. The item showed forensic teams and other police walking around the site, and included brief footage of the clothed legs and torso of the deceased from a distance....

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 participants – no misleading statements – not upheld 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 16 September 2008 episode, broadcast at 7. 30pm on TV3, featured a couple named James and Jo. The team consisted of "Downsize Me!...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for The Jono Project – contained brief silhouette image of a woman bouncing up and down apparently having sex – allegedly in breach of good taste and decency, responsible programming and children’s interests standards Findings Standard 1 (good taste and decency), Standard 8 (responsible programming), and Standard 9 (children’s interests) – image was fleeting, dark and relatively indistinct – promo did not contain any AO material – promo appropriately classified PGR and screened during Dr Phil – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 1. 30pm during Dr Phil, broadcast on TV3 on 22 and 23 September 2011, a promo for The Jono Project was shown, which contained a brief silhouette image of a woman bouncing up and down, apparently having sex....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homeland – programme contained brief nudity and sex scene – pre-broadcast warning for “sexual material” – allegedly in breach of good taste and decency, and responsible programming standards FindingsStandard 1 (good taste and decency) – warning for “sexual material” was adequate to cover the content in the programme – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and preceded by an adequate warning – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Homeland, a drama series in which the CIA investigates a possible terrorist threat, was broadcast on TV3 at 8. 30pm on 20 February 2012. At approximately 8. 50pm a woman was shown topless, being interviewed to be part of a Saudi prince’s harem....

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....