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Wang and TVWorks Ltd - 2011-133
2011-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

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
Heinz and TVWorks Ltd - 2014-024
2014-024

Summary [This summary does not form part of the decision. ]An item on Campbell Live included brief footage of a person starting a lawn mower without the rear grass flap on. The Authority declined to determine the complaint that this breached standards of law and order, on the basis it was frivolous and trivial. The footage was extremely brief and part of a light-hearted story in an unclassified current affairs programme targeted at adults, so it could not be said to have encouraged or condoned criminal activity. Declined to Determine: Law and OrderIntroduction[1] The final episode of Campbell Live for 2013 contained a round-up of stories from the year, including very brief footage of a person starting a lawn mower without the rear grass flap on. The programme was broadcast on 20 December 2013 on TV3....

Decisions
Hoban and TVWorks Ltd - 2011-013
2011-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – interviewed Cyclone Yasi survivor – reporter stated “Jesus, what went through your mind? ” – allegedly in breach of standards relating to good taste and decency, and discrimination and denigration FindingsStandard 1 (good taste and decency) – “Jesus” used to convey exclamation of shock – 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 Friday 4 February 2010, reported on Cyclone Yasi in Queensland. During the item, the reporter interviewed a survivor who explained that she had been sitting on the toilet when a big tree came through the wall, to which the reporter responded, “Jesus, what went through your mind?...

Decisions
Brooking and TVWorks Ltd - 2012-121
2012-121

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – interview with Ruth Money from Sensible Sentencing Trust regarding a proposed amendment to the Parole Act 2002 – Ms Money expressed her view that the amendment “did not go far enough” and that parole hearings should be abolished altogether – allegedly in breach of standards relating to controversial issues, accuracy and fairnessFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – while presenter alluded to the existence of other points of view, this did not go far enough – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present alternative viewpoints – upheld Standard 5 (accuracy) – Ms Money’s statements amounted to comment and opinion and were therefore exempt from standards of accuracy under guideline 5a – concerns about misleading impression regarding parole board hearing process adequately addressed under controversial issues standard…...

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....

Decisions
Dobson and TVWorks Ltd - 2008-067
2008-067

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Dexter – fictional drama about a forensic expert leading a double life as a serial killer – allegedly in breach of law and order and violence standards Findings Standard 2 (law and order) – programme did not promote, glamorise or condone criminal activity – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion with violent scenes and themes – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Dexter was broadcast at 9. 30pm on TV3 on Monday 28 April 2008. The series revolved around a Miami Metro Police Department forensic expert in blood patterns, Dexter Morgan....

Decisions
Family First New Zealand and Stephens and TVWorks Ltd - 2010-092
2010-092

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on a Labour MP using his ministerial credit card to purchase pornographic films while staying at hotels – presenter mentioned that people had been making suggestions on the website Twitter about possible titles of the films, including “Bipartisan Bitches” – allegedly in breach of good taste and decency, responsible programming and children’s interests FindingsStandard 1 (good taste and decency) – remarks light-hearted attempt at humour – contextual factors – not upheld Standard 9 (children’s interests) – sexual innuendo was too sophisticated for children to understand – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Marshall and TVWorks Ltd - 2011-143
2011-143

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Asset Sales Advertisement – used the word “damn” – allegedly in breach of good taste and decency standardFindingsStandard E1 (election programmes subject to other Codes) – Standard 1 (good taste and decency – “damn” is very low-level language and would not have offended most viewers – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision. Introduction[1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on 14 November 2011 at approximately 10pm. The advertisement contained the following voiceover: If you think power prices are high now, wait until we don’t own a damn thing....

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
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
Animal Rights Legal Advocacy Network Inc and TVWorks Ltd - 2007-134
2007-134

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looked at a New Zealand based animal research testing facility – included interviews with people who were pro-animal use and people who were anti-animal use – included discussions on the type of animals being used, whether animal testing was necessary, alternatives and research facilities – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – to the extent that the item touched on a controversial issue of public importance it provided an adequate overview of significant viewpoints – not upheld Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld Standard 6 (fairness) – participants were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7....

Decisions
de Villiers and TVWorks Ltd - 2012-103
2012-103

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item reported on high profile immigration case involving Chinese millionaire William Yan – disclosed Mr Yan’s address and showed footage of Mr Yan’s business assistant in the lobby of the apartment building where Mr Yan lived – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – Mr Yan’s address was not disclosed for the purposes of encouraging harassment as envisaged by privacy principle 4 – no evidence that harassment resulted from the disclosure – apartment building lobby was accessible to the public so neither Mr Yan nor his business assistant had a reasonable expectation of privacy there – item did not breach the privacy of Mr Yan or his business assistant – not upheld This headnote does not form part of the decision....

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
Katavich and TVWorks Ltd - 2010-064
2010-064

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – three items and promo for programme discussed complainant’s businesses and websites – spoke to a number of his customers who believed they had been “ripped off” – referred to complainant as an “internet fraudster” and “a face to what is often a faceless crime” – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 6 (fairness) – reporter’s approach in trying to obtain comment from Mr Katavich and door-stepping was not unfair – not upheld – thrust of the programmes was that Mr Katavich was a criminal and a fraudster – no evidence to suggest that his business activities were illegal – unfair to Mr Katavich – upheldStandard 3 (privacy) – Mr Katavich did not have an interest in seclusion at his business offices – business address was not a private fact and was not disclosed for the purposes of…...

Decisions
Young and TVWorks Ltd - 2011-050
2011-050

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – montage of footage from earthquake and tsunami in Japan – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – montage showed poignant images depicting international news event – music accompanying the images did not glorify or detract from the disaster – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 15 March 2011, concluded with a montage of footage, accompanied by music, from the earthquake and tsunami that devastated Japan on 11 March. Complaint [2] Peter Young made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the “sequence of footage of the Japan tsunami in slow motion and accompanied by ethereal mood music” breached standards relating to good taste and decency....

Decisions
Agostino and TVWorks Ltd - 2012-084
2012-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Decisions
Bergman and TVWorks Ltd - 2013-013
2013-013

Complaint under section 8(1C) of the Broadcasting Act 1989Promo for The Graham Norton Show – promo for Christmas special showed a photograph of a couple dressed as Mary and Joseph holding a dog in swaddling clothes – allegedly in breach of broadcasting standardsFindingsStandard 1 (good taste and decency) – content was a light-hearted attempt at humour – would not have offended most viewers in context – innocent lampooning of religious figures comes within the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – content was a light-hearted attempt at humour as opposed to a criticism of Christians – content did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheldThis headnote does not form part of the decision....

Decisions
Moore and TVWorks Ltd - 2009-036
2009-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about armed robbery at a Burger King restaurant – interviewed one of the hostages – image was blurred – allegedly unfair and in breach of privacy Findings Standard 3 (privacy) – hostage not identifiable in the broadcast – no private facts disclosed – not upheld Standard 6 (fairness) – hostage consented to the interview – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 27 January 2009, reported on an armed robbery at a Burger King restaurant in Auckland in which five staff had been held hostage. The reporter stated that "a female hostage told 3 News she kept reliving the moments she thought would be her last, and she still can’t bear to be identified"....

Decisions
Grieve and TVWorks Ltd - 2011-098
2011-098

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on controversial comments made by the chief executive of the Employers and Manufacturers Association that female workers are less productive because they take sick leave when they are menstruating – media commentator stated “if men had periods there would have been a law passed, there would be a menstruation allowance so that all of you could go home and curl up in a ball once a month” – allegedly in breach of the discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – comment did not encourage denigration of, or discrimination against, men as a section of the community – guideline 7a provides exemption for genuine opinion and legitimate humour – not upheld This headnote does not form part of the decision....

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