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New Zealand Dietetic Association and TVWorks Ltd - 2008-141
2008-141

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – statement about coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 30 September 2008 episode, broadcast at 7....

Decisions
Dodd and TVWorks Ltd - 2007-095
2007-095

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – promos contained the word “next” – allegedly inaccurate Findings Standard 5 (accuracy) – complaint trivial and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Prior to a commercial break during 3 News on 12 July 2007, a promo was shown that read “next – Top Chef”. [2] Prior to a commercial break during 3 News on 13 July 2007, a promo was shown that read “next – Project Runway”. Complaint [3] R Dodd made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the use of the word “next” was inaccurate and in breach of broadcasting standards....

Decisions
Woodham and TV3 Network Services Ltd - 2003-118
2003-118

ComplaintCockstars – documentary about Puppetry of the Penis – male nudity – "pelvic gyrations" – breach of good taste and decency – failed to consider children’s viewing interest FindingsStandards 1 – context – no uphold Standard 9 – outside children’s normally accepted viewing times – no uphold This headnote does not form part of the decision. Summary [1] Cockstars was a documentary about seeking performers for the stage show "Puppetry of the Penis". The programme was broadcast on TV3 at 9. 30pm on 5 June 2003. It featured nude males manipulating their genitalia. [2] Fay Woodham complained to TV3 Network Services Ltd, the broadcaster, that the programme was offensive because "full frontal nudity" was unacceptable and breached standards relating to children’s viewing interests. [3] Declining to uphold the complaint, TV3 said in context the broadcast did not breach current norms of good taste and decency....

Decisions
Nova Limited and TVWorks Ltd - 2010-170
2010-170

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – discussed “the model who can’t go to fashion week because she’s too big” – interviewed the model and her mother as well as the manager of her modelling agency – allegedly unbalanced, inaccurate and unfair FindingsStandard 5 (accuracy) – item created clear impression that Nova was not putting forward the model for work because of her hip size – viewers would have been misled by the omission of other reasons including the model’s refusal to work for Nova – upheld Standard 6 (fairness) – broadcaster did not deny that Nova’s manager explained the other reasons in his interview – those reasons were not included in the story – unfair – upheld Standard 4 (controversial issues – viewpoints) – story focused on one individual – no discussion of a controversial issue of public importance – not upheld No Order This headnote does not form…...

Decisions
Young and TVWorks Ltd - 2011-074
2011-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – male character injected with “gay gene” – went to “Straight Camp” where he was encouraged to drink, play full contact football, and “find loose women to have sex with” – allegedly in breach of good taste and decency, discrimination and denigration, children’s interests, and liquor standards FindingsStandard 1 (good taste and decency) – scene had clear humorous and satirical intent – contextual factors – not upheld Standard 9 (children’s interests) – scene was not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage denigration of, or discrimination against, a section of the community – not upheld Standard 11 (liquor) – broadcast did not amount to “liquor promotion” – not upheld This headnote does not form part of the decision....

Decisions
Massey High School and TVWorks Ltd - ID2012-011
ID2012-011

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....

Decisions
Milnes and TVWorks Ltd - 2010-025
2010-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fast Times at Ridgemont High – female movie characters shown practising on carrots how to perform oral sex – allegedly in breach of good taste and decency, children’s interests and fairness FindingsStandard 9 (children’s interests) – no explicit sexual activity was shown – movie was AO and broadcast outside of children’s viewing times – warning for sexual material allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Fast Times at Ridgemont High was broadcast on C4 at 8. 30pm on Wednesday 9 December 2009. At approximately 8. 42pm, two teenage female characters in the movie were shown eating in a high school cafeteria....

Decisions
Riley and TVWorks Ltd - 2010-165
2010-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – host interviewed members of New Zealand Actors’ Equity union on controversy surrounding production of the film The Hobbit in New Zealand – the host stated, “So there is not some Australian with his or her hand up your bum operating you like a puppet?” – allegedly in breach of standards relating to good taste and decency and discrimination and denigration FindingsStandard 1 (good taste and decency) – host’s comment innocuous – would not have caused offence or distress to viewers – not upheld Standard 7 (discrimination and denigration) – host was respectful to female interviewees – comment did not encourage discrimination against, or denigration of, women – not upheld This headnote does not form part of the decision Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on Friday 2 October 2010, featured an interview with Robyn Malcolm and Jennifer Ward-Lealand, from…...

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
Hastie and TVWorks Ltd - ID2011-102
ID2011-102

Complaint under section 8(1C) of the Broadcasting Act 1989American Pie Presents: Beta House – movie contained nudity and sex scenes – question of whether Authority has jurisdiction to accept a referral of the complaint FindingsAuthority has jurisdiction to accept the referral This headnote does not form part of the decision. INTERLOCUTORY DECISION [1] On 24 May 2011 a movie called American Pie Presents: Beta House was broadcast on FOUR. The same day, and within the period for making complaints, the complainant lodged a complaint with the broadcaster. On 26 May 2011, the broadcaster sent the complainant a decision by email in which it declined to uphold the complaint. [2] Section 7 of the Broadcasting Act 1989 requires that when a broadcaster finds a complaint not to be justified in whole or in part, the broadcaster shall notify the complainant in writing of the decision....

Decisions
McCarthy and TVWorks Ltd - 2010-093
2010-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on Russian supermodels – reported on dangers of sexual exploitation in the modelling industry – comment about thirteen-year-old girl being paid to have sex – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – statement matter-of-fact and relevant to the subject matter – not salacious – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at approximately 6. 22pm on 5 July 2010, reported on the worldwide success of Russian supermodels and the dangers of sexual exploitation in the modelling industry....

Decisions
Pettigrew and TVWorks Ltd - 2012-071
2012-071

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the Conservative Party leader and apparent party practices – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – item was a legitimate and straightforward news report – did not encourage the denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on 7 May 2012 on TV3, was introduced by the newsreader as follows: Colin Craig’s Conservative Party has a distinctly Christian streak and so does his workplace. 3 News has learned it includes weekly prayers often led by him. Craig says it’s something other employers should adopt, just like Friday night drinks....

Decisions
Caswell and TVWorks Ltd - 2012-120
2012-120

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 What’s Really In Our Food? – included a human experiment to test the effects of Omega 3 on attention span in young boys – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – experiment was clearly intended to be light-hearted and entertaining and did not purport to be scientifically rigorous or reliable – conclusions drawn from the experiment were very vague and qualified by words such as “could’ and “may” – viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] An episode of What’s Really In Our Food?, a weekly television series investigating different food groups, and exploring the potential health benefits and/or risks associated with those foods, contained a human experiment to test the effects of Omega 3 on attention span in young boys....

Decisions
Nassau and TVWorks Ltd - 2011-016
2011-016

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – news reader stated that Samoan prison guards had been charged with bringing contraband into Auckland prisons – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – news reader’s remark was factual – no invective – did not encourage discrimination against or denigration of Samoans – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on 3 News, broadcast on TV3 at 6pm on Monday 6 December 2010, the news reader stated: Two Samoan prison guards have been arrested and stood down from their positions after being charged with bringing contraband into two Auckland jails. The men are accused of bringing in drugs, cell phones, cigarettes and food for prisoners at Mt Eden and Auckland Central Remand prisons....

Decisions
Chan and TVWorks Ltd - 2011-170
2011-170

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Decisions
Gillingham and TVWorks Ltd - 2012-053
2012-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on “strip club turf war” contained footage of a stripper wearing only a G-string and dancing erotically – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld the complaint under Standards 1 and 9 – action taken allegedly insufficient FindingsAction Taken: Standard 1 (good taste and decency) and Standard 9 (children’s interests) – action taken by broadcaster sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on Thursday 3 May 2012, reported on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

Decisions
Cleary and Talacek and TVWorks Ltd - 2008-125
2008-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – no misleading statements – not upheld This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 9 September 2008 episode, broadcast at 7. 30pm on TV3, featured a woman named Carolyn....

Decisions
Northland District Health Board and TVWorks Ltd - 2011-156
2011-156

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item reported on a young man who died of meningococcal disease after being assessed and sent home by medical professionals – reporter interviewed the Chief Executive of Northland District Health Board about the circumstances surrounding the man’s treatment – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – item did not create a misleading impression as to the doctor’s qualifications but clearly stated that he was a “doctor” and “senior trainee” close to sitting his exams – did not create a misleading impression by omitting information about the risks associated with lumbar punctures – the decision not to administer the test earlier was based on a misdiagnosis of the man’s condition as opposed to the perceived risks of the procedure – not inaccurate to report that the man died from meningitis – not upheld Standard 6…...

Decisions
Holder and TVWorks Ltd - 2013-064
2013-064

Summary [This summary does not form part of the decision. ] During Predators, a science fiction film about a group of humans hunted by aliens, a male character who was a convicted murderer, commented ‘I’m gonna rape me some fine bitches’ and made references to consuming cocaine. The Authority did not uphold the complaint that the comments glamorised criminal activity and denigrated women. The comments were acceptable taking into account both the external context, including the time of broadcast, AO classification, and pre-broadcast warning for violence and language, as well as the narrative context, including that the film was highly unrealistic, and the development of that particular character who was obviously a ‘baddie’ and despised by the other characters....

Decisions
New Zealand Wheel Clamping Ltd, MacAlpine and Valentic and TVWorks Ltd - 2011-081
2011-081

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

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