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Decisions
Smith and TVWorks Ltd - 2013-035
2013-035

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....

Decisions
Paranjape and TVWorks Ltd - 2011-003
2011-003

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item reported on a “race row” that erupted in response to the winner of a regional Miss India New Zealand competition – allegedly inaccurate, unfair and irresponsible FindingsStandard 5 (accuracy) – item based on personal opinions of those who attended pageant –not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation specified in complaint – not upheld Standard 8 (responsible programming) – Campbell Live was an unclassified news and current affairs programme – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on Wednesday 13 October 2010, reported on a “race row” that had erupted in response to the winner of the Wellington Division of a Miss India New Zealand competition....

Decisions
Brady and TVWorks Ltd - 2012-007
2012-007

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on the purchase of a bluefin tuna at auction for nearly one million dollars – item contained footage of fish’s head being removed and a number of tuna being sliced and filleted – allegedly in breach of good taste and decency and violence standards FindingsStandard 1 (good taste and decency) – killing animals for food is a fact of life – images were not gratuitous and would not have offended most viewers in the context of a news item – not upheld Standard 10 (violence) – filleting fish did not amount to “violence” for the purposes of the standard – not upheld This headnote does not form part of the decision....

Decisions
Denham and TVWorks Ltd - 2009-094
2009-094

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....

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
Knight and TVWorks Ltd - 2008-137
2008-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

Decisions
PB and TVWorks Ltd - 2007-141
2007-141

Complaint under section 8(1)(a) of the Broadcasting Act 1989South Park – episode included reference to a prank in which the character Butters was sleeping and another character, Cartman, purportedly put Butters’ penis in Cartman’s mouth and took a photo – another scene involved Cartman blindfolding Butters and trying to trick Butters into letting Cartman put his penis into Butters’ mouth – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) – item had a complex and multifaceted storyline – acts were not intended to be sexual – contextual factors – not upheld Standard 10 (violence) – broadcaster exercised sufficient care when dealing with the issue of violence – not upheld This headnote does not form part of the decision....

Decisions
Bowie and TVWorks Ltd - 2010-023
2010-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the death of a Georgian luger at the Winter Olympics in Canada – showed footage of the athlete coming off his sled, flying over the barrier and hitting a metal pole – included still shots of the athlete in the air just prior to hitting the pole and then again in slow motion – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – contextual factors – item handled with care and sensitivity – not upheld Standard 3 (privacy) – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision....

Decisions
CP and TVWorks Ltd - 2012-069
2012-069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

Decisions
Beardsley and TVWorks Ltd - 2012-020
2012-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order This headnote does not form part of the decision....

Decisions
Samuel and TVWorks Ltd - 2011-097
2011-097

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Big – reality television series about obese people trying to lose weight – contained brief footage of naked woman in the shower – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – viewers would expect to be warned for nudity broadcast at 7. 30pm – however nudity was extremely brief and incidental – consistent with PGR rating and timeslot – most viewers would not have been offended or disturbed by the content – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Decisions
Smart and TVWorks Ltd - 2011-174
2011-174

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – newsreader interviewed a representative of the 'Occupy Wellington' protest movement – allegedly in breach of standards relating to accuracy, fairness, discrimination and denigration FindingsStandard 6 (fairness) – newsreader’s approach challenging but not unfair – interviewee adequately expressed his viewpoint and defended the position of the protestors – interviewee not treated unfairly – not upheld Standard 5 (accuracy) – newsreader’s comments did not amount to points of fact – interviewee’s perspective included so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – comments did not carry the necessary invective to encourage discrimination or denigration against the protestors as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Swinerd and TVWorks Ltd - 2012-030
2012-030

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....

Decisions
Dewe and TVWorks Ltd - 2008-076
2008-076

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item on shoplifting – included footage of “security expert” shoplifting from two stores – allegedly in breach of law and order and balance Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Campbell Live, broadcast on TV3 at 7pm on Monday 9 June 2008, featured a story on shoplifting and the effects it was having both on the business community and New Zealand consumers. [2] The presenter introduced the item by saying: Tonight. . . we look at others caught on camera, caught shoplifting. In fact. . ....

Decisions
Jenkinson and Johnson and TVWorks Ltd - 2014-006
2014-006

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....

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
Gordon and TVWorks Ltd - 2009-139
2009-139

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contained segment called “My Kid Could Draw That” – comments made about picture drawn by a child – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – unnecessary for child to be identified – linked young girl to ribald adult sexual humour – exploitative – upheld Standard 9 (children’s interests) – programme broadcast outside of children’s normally accepted viewing times – not upheld No Order 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 25 September 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....

Decisions
Marevich and TVWorks Ltd - 2011-124
2011-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Noise Control and promo – followed noise control officers in Auckland – NCO called to a party – complainant shown in the background and speaking directly to the camera – allegedly in breach of privacy, fairness, accuracy and responsible programming standards Findings Standard 6 (fairness) – guideline 6c – complainant properly informed of the nature of his participation – item did not contain any unfair statements – complainant treated fairly – not upheld Standard 3 (privacy) – complainant identifiable but no private facts disclosed in the broadcast – complainant did not have an interest in solitude or seclusion – not upheld Standard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Young and TVWorks Ltd - 2009-068
2009-068

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South Park – characters who were parodies of Michael Jackson and his son moved into the neighbourhood using the last name Jefferson – local police discovered Mr Jefferson was a "rich black man" and decided to frame him for various crimes – allegedly in breach of the law and order standard Findings Standard 2 (law and order) – satirical cartoon known for making fun of societies' institutions – material intended to be humorous – did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal behaviour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the cartoon South Park was broadcast on C4 at 9pm on 14 May 2009....

Decisions
Burn and TVWorks Ltd - 2010-057
2010-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a 3-year-old child walking a tightrope over a tiger enclosure – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – light-hearted human interest story – child not humiliated – adequate care and sensitivity shown by broadcaster – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 14 April 2010, reported that a 3-year-old child had walked a tightrope above a tiger enclosure in China as part of a publicity stunt for a circus....

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