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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 – story about former cricketer Shane Warne reportedly having an affair with Liz Hurley – referred to his past indiscretions and showed images of him with topless women, with their breasts blurred – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – images were brief, dark and indistinct – no warning required – 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 December 2010, reported that former Australian cricketer Shane Warne was rumoured to be having an affair with model and actress Liz Hurley....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Item on 3 News focussing on the sale of imported jade marketed as New Zealand pounamu – complainant’s shop identified – interior of shop shown in hidden camera sequence – unrelated shop assistant shown – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – subsumed under fairness Standard 5 (accuracy) – subsumed under fairness Standard 6 (fairness) – shop clearly identified – no opportunity given to comment – hidden filming unjustified – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast at 6pm on 21 September 2004, contained an item reporting on moves taken by Ngai Tahu to control the marketing of pounamu (New Zealand greenstone). The item alleged that overseas jade was being passed off as pounamu....

Summary[This summary does not form part of the decision. ]Two items on 3 News reported on two cases of Talley's Group paying compensation to employees for work accidents at its freezing works. The items featured interviews with both workers and referred to their Employment Relations Authority (ERA) cases. The Authority did not uphold a complaint that the items were inaccurate and unfair to AFFCO Holdings Ltd, the subsidiary of Talley's Group which owns the freezing works. The broadcaster was entitled to report key parts of the ERA judgments, and AFFCO was given a fair opportunity to comment. Not Upheld: Accuracy, Fairness Introduction[1] Two items on 3 News reported on Talley's Group paying compensation to employees for work accidents at its freezing works....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on world’s first 3D erotic film, Sex and Zen – included clips from the movie – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – legitimate news story – contextual factors – not upheld Standard 9 (children’s interests) – film clips were effectively censored – unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item during 3 News, broadcast on TV3 at 6pm on 5 May 2011, reported on the opening of the world’s first 3D erotic film, Sex and Zen. The item was introduced as follows: Thanks to Avatar, when people think of 3D films they probably conjure up the colour blue....

Summary [This summary does not form part of the decision. ] A 3 News update, broadcast during the PGR-rated movie Night at the Museum 2, featured security footage of a man who walked into a petrol station with a metal rod lodged in his head. The Authority did not uphold a complaint that the update screened graphic and disturbing violent footage, without a warning, which would have upset children. This was a newsworthy story and the footage was relatively inexplicit. It was reasonable to expect that child viewers would have been supervised by adults, given the movie was rated PGR, and children were unlikely to be unduly alarmed or disturbed in this context. Not Upheld: Children's Interests Introduction [1] A 3 News update, broadcast at 7....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ] 3 News summarised the findings in the latest report released by the United Nations Intergovernmental Panel on Climate Change (IPCC). The Authority did not uphold the complaint that the United Nations report was propaganda, and should not have been referred to. This was a straightforward news report on the latest findings released by the IPCC. Not Upheld: Controversial Issues, Accuracy, Fairness, Responsible Programming Introduction [1] A 3 News item summarised the findings of the latest report released by the United Nations Intergovernmental Panel on Climate Change (IPCC). The item was broadcast on TV3 on 14 April 2014....

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – 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 reported on a threat made against MP Sue Bradford that was published under the username GarfieldNZ on the website Twitter – news reporter tracked down the individual who owned the username – contained footage of reporter knocking on the front door of the individual’s house and talking to him about the threat – allegedly in breach of privacy and fairness standards Findings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 5 (accuracy) – item showed the wording of the Twitter message – viewers not misled – not upheld Standard 6 (fairness) – footage of door-stepping did not disadvantage the complainant – complainant’s response provided to viewers – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] An item on 3 News covered the state of the Labour Party leadership after the 2014 general election. The Authority did not uphold a complaint that the item contained multiple errors of fact and the political editor misrepresented David Cunliffe’s stated position. While errors were made in the broadcast (which were acknowledged by the broadcaster), they were technical in nature and not material to the focus of the item, which was the confusion surrounding the Labour Party leadership. The explanations given in the broadcast would not have misled viewers as to the general Labour Party process for leadership elections, and any misunderstanding around Mr Cunliffe’s position was due to his own contradictory statements. Not Upheld: Accuracy   Introduction [1] An item on 3 News covered the state of the Labour Party leadership after the 2014 general election....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the findings of an investigation into the actions of the Government Communications Security Bureau, and the Government’s proposed response to those findings – allegedly in breach of accuracy standardFindingsStandard 5 (accuracy) – this was a straightforward news report on the findings of an investigation into the legality of the agency’s actions – key finding was that the governing legislation was ambiguous and so arguably the agency did not breach it – reported that the Government’s proposed response was to amend the legislation to clarify ambiguity – item did not analyse or discuss the intentions of the governing legislation – reporter’s comments were accurate in context and would not have misled viewers – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about the 20th anniversary of the Chernobyl disaster – said that it had killed “16,000, possibly double, even treble that” – complaint that figure was inaccurate – broadcaster upheld the complaint on the basis that there was dispute about the number of deaths and the item should have reported this – broadcaster discussed the issue with newsroom staff – complainant dissatisfied with reasons for upholding decision and action takenFindingsStandard 5 (accuracy) – CanWest’s reasons for upholding decision were incorrect – should have upheld the complaint on the basis that the figures in the report were inaccurate, not because the position was uncertain – upheldNo OrderThis headnote does not form part of the decision....

SummaryAn item on 3 News, broadcast on TV3 on 9 February 1999 beginning at 6. 00pm, referred to a contest to conceive the first child of the new millennium. Among other matters, the presenter referred to "the first of January 2000", in describing the contest. Mr Butchart complained to TV3 Network Services Ltd, the broadcaster, that the statements were totally untrue. He said the next millennium begins with the first day of January 2001. He sought a correction of what he called the untrue statements. TV3 agreed that the third millennium did not commence in fact until 1 January 2001. However, it wrote, the official millennium programme in New Zealand would run from 1999 until 2001. Its programme therefore recognised that both the popular celebration date of 1 January 2000 and the actual date of 1 January 2001 deserved to be noted....

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....

Summary [This summary does not form part of the decision. ] A 3 News item about Andrew Little's 'state of the nation' address, in which he promised that under the Labour Party, New Zealand would have the lowest unemployment rate in the OECD, featured an exchange between the reporter and Mr Little about unemployment rates. The Authority did not uphold the complaint that the item was misleading and unfair to Mr Little in giving the impression he did not know New Zealand's current unemployment rate when in fact he did. It was clear that the figure Mr Little was unable to quote was the current lowest OECD unemployment rate and the item did not unfairly distort his views. Not Upheld: Accuracy, Fairness Introduction [1] A 3 News bulletin reported the 'state of the nation' address from each of the leaders of the main political parties....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd (CanWest) except for the purpose of orders. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – follow-up to TV3 “special investigation” Let Us Spray– said that Ministry of Health had “finally admitted it tests positive for political contamination” – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – subsumed into consideration of Standards 5 and 6 Standard 5 (accuracy) – inaccurate to state that Ministry of Health had “finally admitted it tests positive for political contamination” – upheld Standard 6 (fairness) – unfair to Ministry of Health – not unfair to peer reviewer of study or to ESR – upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on MTV music awards – showed actor Sacha Baron Cohen as his character Bruno dressed as an angel and only wearing a harness – Bruno was lowered in front of musician Eminem who was sitting in the crowd – Bruno was suspended upside down so that his buttocks were in the musician’s face – 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) – unsupervised children unlikely to watch news programmes – item did not contain material that would have disturbed or alarmed child viewers – not upheld This headnote does not form part of the decision....

Complaint3 News – child participants – mother’s consent – children of gang member sought by police – privacy – good taste – fairness – upheld by broadcaster FindingsAction taken by broadcaster sufficient This headnote does not form part of the decision. Summary Two pre-school children were shown in news items broadcast on 3 News at 6. 00pm and 10. 30pm on 25 January 2000. They were described as the children of a member of the "Screwdriver Gang" who was being sought by police in connection with armed robberies in Auckland. Kris Vavasour complained to TV3 Network Services Ltd that the privacy of the two young children had been breached. She also complained that it was a breach of the good taste standard and unfair to show footage of the children in a way which publicly identified them....

Summary[This summary does not form part of the decision. ]An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming....