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Boparai and TVWorks Ltd - 2011-086
2011-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – interview with former Breakfast presenter Paul Henry – questioned Mr Henry on his controversial remarks about the Chief Minister of Delhi – comments about the Chief Minister were re-broadcast – allegedly in breach of standards relating to good taste and decency, controversial issues and discrimination and denigration FindingsStandard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on Paul Henry and his perspective on the various controversies in which he was involved – not upheld Standard 7 (discrimination and denigration) – Paul Henry’s comments did not extend to a section of the community – interviewer challenged his views – interview did not encourage discrimination or denigration of Indian people – not upheld Standard 1 (good taste and decency) – comments about the Chief Minister revisited in current affairs context – interview would not have…...

Decisions
Simpson and TVWorks Ltd - 2012-019
2012-019

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on aftershocks in Christchurch – was introduced with the statement “it’s just what Christchurch does not want to hear, warnings that a big one, seven on the Richter scale, is probably coming” – included extract of interview with geologist – allegedly in breach of standards relating to accuracy, responsible programming and good taste and decency FindingsStandard 5 (accuracy) – introductory statement inaccurately summarised geologist’s opinion – overstated the prediction of a magnitude seven earthquake by suggesting a high likelihood of occurrence – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 8 (responsible programming) – introductory statement was unnecessarily alarmist – likely to have caused undue distress for Christchurch residents – upheld No Order This headnote does not form part of the decision....

Decisions
Lotriet and TVWorks Ltd - 2009-023
2009-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back of the Y – programme contained substantial amount of coarse language and staged violence – mocked religion – skit in which a character playing Jesus Christ was beaten up by another playing Santa Claus – skit called ‘Pooman and Wees’ in which the character Pooman threw imitation faeces at his enemies and showed his bottom and genitals from behind – scene where woman was sprayed with imitation faeces and licked some off her hands – character Wees tried to clean the faeces off her by spraying her with imitation urine, but sprayed himself instead – skit called ‘Smoodiver’ in which the male character was shown apparently masturbating – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – episode contained material and themes that were in bad taste – cumulative effect of material – contextual factors favouring…...

Decisions
Francis, Gouge and Thompson and TVWorks Ltd - 2011-104
2011-104

Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the CE of the EMA that some female workers are less productive because they take sick leave when they are menstruating – interviewed CE and portion of the interview broadcast – included sarcastic comments and caricature of CE singing – panel discussed comments – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – interview footage provided a fair summary of Mr Thompson’s character and conduct – was not necessary in the interests of fairness to broadcast the full interview – items not unfair to Mr Thompson, given his position as a public figure and that the comments reported on were made during a political discussion in the public arena – not upheld by majority Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in…...

Decisions
Accident Compensation Corporation and TVWorks Ltd - 2009-074
2009-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Nightline – alleged that ACC had not fulfilled its legal obligation to tell its clients about an Independent Earner Tax Credit – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – complainant concerned that it was not given an opportunity to respond to one statement in the item – that issue was not a controversial issue of public importance – not upheld Standard 5 (accuracy) – item was inaccurate in stating that ACC had a legal obligation to inform its clients of the credit – one aspect upheld OrderSection 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on TV3 on 17 April 2009, and repeated on Nightline at 10....

Decisions
Ministry of Social Development and TVWorks Ltd - 2008-038
2008-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Decisions
Brookes and TVWorks Ltd - 2008-113
2008-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on landslip affecting several homes in Bucklands Beach – stated that one house had been bought just five weeks prior to landslip through Trinity Real Estate, which was in liquidation, and that a LIM report was not obtained – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Trinity Real Estate – not upheld This headnote does not form part of the decision....

Decisions
Turner and TVWorks Ltd - 2010-183
2010-183

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19892 Fast 2 Furious – movie about a street racer forced to work undercover in exchange for his criminal record being wiped clean – contained violent scenes including torture, shootings, fighting and car crashes – allegedly in breach of violence standard FindingsStandard 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] A movie called 2 Fast 2 Furious was broadcast on TV3 at 8. 30pm on Monday 11 October 2010. The film followed a fictitious street racer, Brian O'Conner, who was forced to work undercover as part of a joint Customs/FBI operation in exchange for his criminal record being wiped clean. [2] At approximately 9. 47pm, a man was shown being tortured....

Decisions
Lilley and TVWorks Ltd - 2011-078
2011-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – scene implied killing of cat with a razor – character was continuously splattered with blood as he sliced the cat off-screen and cat squealed – character stated, “. . ....

Decisions
Barrett and TVWorks Ltd - 2011-161
2011-161

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Date My Ex – reality series broadcast at 3pm contained footage of people drinking alcohol – allegedly in breach of good taste and decency, responsible programming, liquor and children’s interests standards FindingsStandard 11 (liquor) – presence of liquor in the programme was extremely brief and alcohol consumption was not glamorised – content did not amount to liquor promotion – not upheld Standard 8 (responsible programming) – programme correctly rated PGR – did not contain any material which warranted a higher rating of AO – not upheld Standard 1 (good taste and decency) – programme’s content would not have offended the majority of viewers – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Macfarlane and TVWorks Ltd - 2012-001
2012-001

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item included clips in which reporter tried to obtain comment from ACT leader Don Brash, and Mr Brash refused – allegedly unfair FindingsStandard 6 (fairness) – item broadcast in lead-up to the general election – Mr Brash chose to refuse to comment on a subject that other party leaders had freely commented on – clips themselves were not edited – not unfair to Mr Brash – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on 31 October 2011 reported that political party leaders were meeting to discuss Labour’s proposal to raise the retirement age. The reporter explained that he had tried to get comment on the issue from the then ACT Party leader Don Brash, who refused....

Decisions
Chaney and TVWorks Ltd - 2013-019
2013-019

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Blender – music video for Lana Del Ray song “Born to Die” contained the lyrics “Let’s go get high” and showed artist smoking – allegedly in breach of law and order standardFindingsStandard 2 (law and order) – lyrics and footage did not glamorise drug use and did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheldThis headnote does not form part of the decision. Introduction [1] A music video for the song “Born to Die” by artist Lana Del Rey contained the lyrics “Let’s go get high” and showed the artist smoking what was alleged by the complainant to be a marijuana cigarette. The music video was broadcast during the programme Blender on C4 at 10. 36am on Friday 8 March....

Decisions
Right to Life New Zealand and TVWorks Ltd - 2013-062
2013-062

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....

Decisions
JS and TVWorks Ltd - 2011-122
2011-122

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…...

Decisions
Byers and TVWorks Ltd - 2008-054
2008-054

Complaint under section 8(1A) of the Broadcasting Act 1989Target – actor ordered four different gift baskets from four different companies over the phone – presenter commented on what the phone operators had said – allegedly in breach of privacy Findings Standard 3 (privacy) – item did not disclose the identity of the phone operator – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, broadcast on TV3 at 7. 30pm on Tuesday 13 May 2008, contained a review of four different gift basket companies. The programme used an actor to call each of the four companies and order a gift basket to the value of $100....

Decisions
Van der Merwe and TVWorks Ltd - 2011-141
2011-141

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News: Firstline – item reported on protestor at St Peter’s Square who shouted “Pope, where is Christ? ” – newsreader commented, “He’s here. His name’s Richie McCaw” – allegedly in breach of discrimination and denigration standard Findings Standard 7 (discrimination and denigration) – comment was intended to be humorous and did not carry any invective – broadcast did not encourage denigration of, or discrimination against, Christians as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News: Firstline, broadcast on TV3 at 8am on 24 October 2011, reported on a protester who climbed the walls surrounding St Peter’s Square and set fire to a bible....

Decisions
Signer and TVWorks Ltd - 2012-039
2012-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – item reported on trials of the ‘Urewera Four’ – reporter referred to original Urewera terror raids and stated that “17 people were arrested and initially charged under the Terrorism Suppression Act” – broadcaster upheld complaint that this statement was inaccurate because no one had been charged under that Act – action taken by the broadcaster allegedly insufficient Findings Action Taken: Standard 5 (accuracy) – action taken by TVWorks was insufficient – error should have been corrected at earliest appropriate opportunity – upheld No Order This headnote does not form part of the decision.  ...

Decisions
Benson-Pope and TVWorks Ltd - 2008-013
2008-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News, Nightline and Campbell Live – items looked at issues surrounding David Benson-Pope’s seeking re-election for the constituency of Dunedin South – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to complainant – not upheld Standard 4 (balance) – subsumed into consideration of Standard 6 Standard 1 (good taste and decency) – vox-pop was acceptable in the context of an unclassified news programme – not upheld (This headnote does not form part of the decision. ) Broadcasts [1] A report on 3 News by its political editor Duncan Garner entitled “Seeking Re-Election”, was broadcast on TV3 at 6pm on 23 October 2007....

Decisions
Family First New Zealand and TVWorks Ltd - 2011-071
2011-071

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – contained frequent coarse language – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – language was consistent with viewer expectations of the programme – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Californication was broadcast on TV3 at 9. 30pm on Monday 18 April 2011. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Between 9. 30pm and 10pm, characters used the following words and phrases: “fucking” (16 times) “fucked up” “fuck” (6 times) “bitch” “shit” (8 times) “asshole” (2 times) “shitty” (2 times) “balls” (3 times) “you smell like you just walked out of a fisting contest” “forced anal” (2 times) “motherfucker” “cock” “bullshit”....

Decisions
Cooke and TVWorks Ltd - 2009-149
2009-149

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Sports Tonight – words “tough” and “disconnect” allegedly used by presenters – allegedly in breach of good taste and decency, law and order, and privacy Findings Standards 1 (good taste and decency), 2 (law and order) and 3 (privacy) – adequate response from broadcaster – use of the words did not threaten broadcasting standards in any way – not upheld This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Friday 25 September 2009. Sports Tonight was broadcast on TV3 at 11pm on Wednesday 30 September 2009....

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