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Decisions
CC and DD and TV3 Network Services Ltd - 1999-055, 1999-056, 1999-057
1999-055–057

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

Decisions
New Zealand Society for the Protection of the Unborn Child Inc and TV3 Network Services Ltd - 2003-051
2003-051

ComplaintInside New Zealand: The Hardest Decision – documentary – abortion –inaccurate statements – unbalanced – undermined New Zealand legislation FindingsStandard 2 and Guideline 2a – lawful standard maintained – no uphold Standard 4 – programme balanced – no upholdStandard 5 and Guidelines 5b, 5d & 5e – mixture of fact & opinion – accurate and impartial – no uphold This headnote does not form part of the decision. Summary [1] Inside New Zealand: The Hardest Decision was a documentary which followed three women while they made a decision about whether or not to have an abortion. Several other women, who had been through the same experience, were also interviewed on the programme. The documentary was broadcast on TV3 at 8. 30pm on 28 November 2002....

Decisions
BB and TV3 Network Services Ltd - 2001-121
2001-121

Complaint Babies – documentary about 47-year-old woman having fifth child – first child when aged 18 – adopted at birth – adopted child shown and first name given – consent not given to broadcast the material – breach of privacy of child – complaint upheld – material objected to edited out in case of rebroadcast – action taken insufficient FindingsAction taken insufficient – $500 compensation This headnote does not form part of the decision. Summary The episode of Babies broadcast on 28 June 2001 told the story of "Maggie" who was having a child at the age of 47 years of age. The programme said that Maggie first gave birth when aged 18 and unmarried. It reported that the child was adopted out and included visuals of the child (as a young woman), gave her first name and said that she, too, had had a child....

Decisions
JD and TV3 Network Services Ltd - 1999-085, 1999-086
1999-085–086

SummaryThe police response to a drink-drive incident was featured on Emergency Heroes broadcast by TV3 on 23 February 1999 at 7. 30pm. A man was seen being arrested for driving with a blood alcohol level over the legal limit. His voice and facial features were partially obscured in the programme, although promos for the programme were broadcast unaltered. JD, the convicted driver, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his privacy had been breached by the broadcast of the promos, which did not conceal his identity at all, and by the programme, because he maintained it inadequately concealed his identity. TV3 Network Services Ltd responded to the Authority that JD had given consent at the time of his arrest to the broadcast of the footage, and had known the purpose for which it was being filmed....

Decisions
Hooker and TV3 Network Services Ltd - 2002-043
2002-043

ComplaintPromo – Bitches and B*stards – offensive language – promo for AO rated programme screened at 8. 00pm – inappropriately classified FindingsStandard G2 – contextual matters – no uphold Standard G8 – promo appropriately classified – no uphold Standard G12 – taking into account classification and theme of programme in which promo screened – no uphold Standard G22 – see G8 – no uphold Standard G24 – no violent or explicit material – no uphold This headnote does not form part of the decision. Summary [1] A promo for the AO rated programme Bitches and B*stards was broadcast by TV3 at 8. 00pm on 15 November 2001, during the PGR rated programme Family Confidential. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the broadcast of offensive language at that time was unacceptable and in breach of the broadcasting standards....

Decisions
Moffatt-Vallance and TV3 Network Services Ltd - 1993-120
1993-120

Download a PDF of Decision No. 1993-120:Moffatt-Vallance and TV3 Network Services Ltd - 1993-120 PDF383. 9 KB...

Decisions
Moore and TV3 Network Services Ltd - 2000-198
2000-198

ComplaintNightline – item about Irish singer Sinead O’Connor’s new album - old footage of O’Connor ripping up photo of Pope – breach of good taste/decency – encouraged discrimination against/denigration of CatholicsFindings Standard G2 – footage not gratuitous – context highly relevant – no uphold Standard G13 – item did not encourage discrimination against/denigration of Catholics – no uphold This headnote does not form part of the decision. Summary A news item about the Irish singer Sinead O’Connor’s latest album, broadcast on Nightline on TV3 just before 11pm on 1 August 2000, included eight-year-old footage of O’Connor ripping up a photo of Pope John Paul II. W M Moore complained to TV3 Network Services Ltd, the broadcaster, that the item breached standards of good taste and decency and encouraged denigration of, or discrimination against, Catholics....

Decisions
Owen and TV3 Network Services Ltd - 2004-064
2004-064

Complaint referred back to the Authority by the High Court for reconsiderationAuthority’s decision to uphold Standard 4 aspect of Mr Owen’s complaint (2003-055/061) referred back to the Authority by the High Court on appeal by TV3 – High Court ruled that the Authority gave TV3 insufficient opportunity to make submissions on the way in which the Authority formulated Mr Owen’s complaint Findings on Reconsideration TV3’s new material on government accountability considered under Standard 4 – earlier finding confirmed and complaint again upheld This headnote does not form part of the decision. Broadcast [1] Allegations that the Government had been aware of the distribution of genetically modified (GM) corn, made in a book “Seeds of Distrust” published on 10 July 2002, were the subject of a 3 News Special programme broadcast on TV3 between 7. 00pm and 7. 30pm on that day....

Decisions
Harrison and TV3 Network Services Ltd - 2003-138, 2003-139, 2003-140
2003-138–140

ComplaintPromos – The Strip – sexual material – allegedly offensive – promos for AO programme screened in G and PGR time-bands – inappropriate FindingsStandard 1 – contextual factors – no uphold Standard 5 – not relevant – no uphold Standard 7 – majority – promos appropriately classified PGR – minority – inappropriate rating – classification code AO should have been used – two promos shown during 3 News – failed to comply with PGR time-band – uphold; majority – promo shown during 20/20 – complied with PGR time-band – no uphold – minority – inappropriate classification – breachNo Order This headnote does not form part of the decision. Summary [1] Promos for The Strip were broadcast by TV3 at various times on 30 June, 1 and 6 July 2003....

Decisions
Smits and TV3 Network Services Ltd - 1994-040
1994-040

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 40/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Painting and TV3 Network Services Ltd - 2000-040
2000-040

SummaryAn episode of British Sex was broadcast on TV3 at 9. 30pm on 28 October 1999. This series was publicised as a programme with a straight talking approach to all things sexual, which featuring "ordinary" people. Daphne Painting complained to TV3 Network Services Ltd, the broadcaster, that the programme was "a polluting intrusion and desecration of [her] home". She complained particularly about footage of a "body caster", who modelled body parts, including genitalia, which she described as "reprehensible in the extreme". She also stated her opinion that the programme’s effect on children would be to "corrupt" them. TV3 responded that British Sex was AO rated, screened an hour after the AO watershed, and was preceded by a written and verbal warning. It did not consider that the "body caster" segment was unacceptable in that context, commenting that the castings were non-sexual, and were neither lewd nor degrading....

Decisions
Together Ending Alcohol Misuse and TV3 Network Services Ltd - 1993-049
1993-049

Download a PDF of Decision No. 1993-049:Together Ending Alcohol Misuse and TV3 Network Services Ltd - 1993-049 PDF202. 22 KB...

Decisions
Atkinson and TV3 Network Services Ltd - 1992-084
1992-084

Download a PDF of Decision No. 1992-084:Atkinson and TV3 Network Services Ltd - 1992-084 PDF309. 13 KB...

Decisions
Lowe and TV3 Network Services Ltd - 2002-109
2002-109

ComplaintNightline – item about "Puppetry of the Penis" – penis obscured – inaccurate as truth concealed – sexualising human body breach of law and order FindingsStandards 2 – legal process followed – no uphold Standard 5 – item not inaccurate – no uphold This headnote does not form part of the decision. Summary [1] The show "Puppetry of the Penis" was discussed during an item broadcast on Nightline at about 11. 00pm on 29 April 2002. The item did not include any visuals of penis puppetry as the reporter stated that the "full monty" would not be revealed in view of compliance with "broadcasting standards". [2] John Lowe complained to TV3 Network Services Ltd, the broadcaster, that in view of the material shown in other programmes, the comment was inaccurate. He also said that the item breached the requirement for standards consistent with the maintenance of law and order....

Decisions
Boyle and TV3 Network Services Ltd - 1998-108
1998-108

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-108 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M L BOYLE of Hamilton Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Bernards and TV3 Network Services Ltd - 1999-154
1999-154

Summary In reporting the New Zealand cricket team’s visit to Buckingham Palace a 3 News sports item broadcast on 3 June 1999 beginning at 6. 00pm announced "The Blackcaps bowl up at Liz and Phil’s wicket…". Mr Bernards complained to TV3 Network Services Ltd, the broadcaster, that this reference was disrespectful to the Queen and the Duke of Edinburgh and overstepped the limits of acceptability. He sought a sharply worded warning to TV3’s management not to repeat such language. TV3 responded that the phrase was intended to be a brief, light-hearted pointer to the report coming up. It noted that the humorous reference was more than adequately balanced by the tone of the full news item. While it regretted that the complainant had found the reference distasteful, it did not consider it had breached broadcasting standards and it declined to uphold the complaint....

Decisions
Prime Minister (Rt Hon Helen Clark) and Munro and TV3 Network Services Ltd - 2002-180, 2002-181
2002-180–181

Complaints3 News Special – included an interview with Prime Minister – canvassed allegations in "Seeds of Distrust" by Nicky Hager published that day – claimed that Government was aware of accidental distribution of GM contaminated seeds – unfair and unbalanced – "ambush" – TV3 argued that referral of complaint to the Authority raised new issues – not permissible under Act – Authority ruled that issues raised were not new Findings on process now to be followedTV3 to respond to complainants on Standard 5 (accuracy) aspects of the complaint This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Detailed claims from the book "Seeds of Distrust", written by Nicky Hager and published that day, were put to the Prime Minister by interviewer John Campbell during a 3 News Special broadcast at 7. 00pm on 10 July 2002....

Decisions
C and TV3 Network Services Ltd - 2001-090, 2001-091
2001-090–091

ComplaintTV3 current affairs programme – breach of standards – breach of privacy FindingsPrivacy – decline to determine Standards – decline to determineThis headnote does not form part of the decision. Decision C complained to TV3 Network Services Ltd, the broadcaster, that a current affairs programme broadcast on TV3 breached broadcasting standards. C also laid a privacy complaint about the programme with the Broadcasting Standards Authority. The members of the Authority have viewed a tape of the broadcast complained about and have read the correspondence listed in the Appendix. The Authority arrives at its decision on these complaints without a formal hearing. The Authority has carefully considered the matters raised in the material provided to it by the parties....

Decisions
Robb and TV3 Network Services Ltd - 1996-142
1996-142

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-142 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SANDRA ROBB of Winton Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Forrest and TV3 Network Services Ltd - 1997-053
1997-053

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-053 Dated the 15th day of May1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W FORREST of Ngaruawahia Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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