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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....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about the experience of a man who purchased the “Hire A Hubby” franchise for the suburb of Greenlane in Auckland – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – not inaccurate or misleading – Target mentioned that there had been a settlement – the settlement was not the focus of the item – not upheld Standard 6 (fairness) – fairness arguments relied on the programme being misleading – FBL was treated fairly and given a fair opportunity to comment – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, broadcast on TV3 at 7. 30pm on 29 April 2008, covered the story of Colin Hinds and his experience as a Hire A Hubby franchisee....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sticky TV – contained episode of Wizards of Waverly Place – involved teenage characters talking about dating and kissing as well as two characters kissing – Sticky TValso contained a segment called “What Would You Do? ” in which a panel of young teenagers gave advice about kissing – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – Sticky TV correctly classified G – not upheld Standard 9 (children’s interests) – programmes addressed contemporary issues facing teens – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sticky TV was broadcast on TV3 between 3. 30pm and 5pm on Tuesday 15 June 2010. Another programme called Wizards of Waverley Place was broadcast in segments as part of Sticky TV....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Campbell Live – reported on a pamphlet drop and predictions on Christian websites relating to an earthquake and tsunami in Christchurch – sought comment and an apology from Kathy Robinson, author of an article in the pamphlet – allegedly in breach of controversial issues, accuracy, fairness and children’s interests standards Findings Standard 6 (fairness) – item legitimately focused on Ms Robinson as she gave her permission for the publication of her prophecy on websites and was the first to have her predictions disseminated – item explicitly stated that it was unclear who printed the pamphlet – Ms Robinson was given a reasonable opportunity to comment – Ms Robinson treated fairly – not upheld Standard 5 (accuracy) – item was accurate in relation to all material points of fact – would not have misled viewers as to the nature of Ms Robinson’s input into…...

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item reported on bullying at Massey High School – question of whether Authority has jurisdiction to accept a referral of the privacy aspect of the complaint FindingsMassey High School did not refer its complaint to the Authority within the statutory timeframe – original complaint did not constitute a direct privacy referral – Authority does not have jurisdiction to accept the complaint This headnote does not form part of the decision. Introduction [1] An item on Campbell Live, broadcast on TV3 at 7pm on 15 November 2011, reported on bullying at Massey High School (Massey). [2] Massey made a formal complaint dated 29 November 2011, alleging that the item breached standards relating to privacy, accuracy and fairness. That complaint was addressed to the Chair of this Authority and a copy was also sent to the Chief Executive at TV3....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – interview with a woman from Kiribati on a “personal mission” to save her homeland from the effects of climate change – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – presented one woman’s views and experiences – it would have been clear to viewers that she was a climate change activist – not upheld This headnote does not form part of the decision. Broadcast [1] During Sunrise, broadcast on TV3 between 7am and 9am on 19 August 2009, the presenters interviewed a community leader from Kiribati about her observations of the effects of climate change on her island. One presenter introduced the segment saying, “rising water levels and increasing temperatures are starting to have real effects on our day-to-day life....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Glee promo – male character in a wheelchair said, “I want to be very clear, I still have the use of my penis” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – majority of the content was fun and cheerful – sexual innuendo would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Glee, a musical comedy series, was broadcast on TV3 at 9. 45am on 13 January 2011, during The Biggest Loser Australia, which was rated G. Most of the promo showed characters singing and dancing. Near the end of the promo, a boy in a wheelchair was shown saying to a girl, “I want to be very clear....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Inside New Zealand: How to Spot a Cult – two-part documentary – spoke to former members of cults – included three former members of Scientology – allegedly in breach of controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – programmes did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – programmes were not inaccurate or misleading – not upheld Standard 6 (fairness) – Church of Scientology was well informed about the nature of the programmes – Church’s responses were included in the programme – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] Inside New Zealand: How to Spot a Cult was a two-part documentary series which was broadcast on TV3 at 9. 30pm on Wednesday 25 November and Wednesday 2 December 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon series – contained sexual references – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy cartoon Futurama was broadcast on C4 at 7pm on Wednesday 27 May 2009. The show revolved around the main character Fry, who was cryogenically frozen in 1999 and then thawed 1,000 years later. The episode began with a flashback to New York in 1999 and showed Fry delivering a pizza to the local television station, which was showing a fictional programme called Single Female Lawyer....

Complaint under section 8(1B)(b)(i)3 News – item about the release of the United Nations’ fourth report on climate change immediately preceded item about glacial decline in New Zealand – introduction to second item began “the UN report seems to back up what’s happening here” – images of ice melting and falling into water – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – was a factual report rather than a discussion – not upheldStandard 5 (accuracy) – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Broadcast[1] UN Report on climate change During 3 News on 18 November 2007, an item was broadcast at approximately 6. 15pm about the release of the fourth report by the United Nations’ Intergovernmental Panel on Climate Change (IPCC), which, according to the presenter, asserted that “there is no doubt global warming is man-made”....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial evaluated six car grooming companies – complainant’s business sign was shown in establishing shot for another company’s evaluation – allegedly in breach of fairness Findings Standard 6 (fairness) – broadcaster could have taken more care but shot was brief and the programme made it clear which company was being evaluated – not unfair to complainant – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast at 7. 30pm on TV3 on Tuesday 4 November 2009, the presenter summarised the results of a hidden camera trial in which an actress hired six different car grooming companies. Target hid a ten-dollar note in the back of the car and some change in the front seat as a test of the car groomers’ honesty....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-032 Decision No: 1998-033 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RUTH BARTON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a 3 News item on the Electoral Finance Bill was misleading and inaccurate when it said, first, that "new rules will stop big election donors from staying anonymous", and second, that "according to the new rules, donations over $10,000 can no longer be anonymous” In fact, the Bill did nothing to prevent big election donors to political parties from staying anonymous, and there was nothing new about the $10,000 threshold for declaring donations to political parties....

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"....