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Decision: Francis, Gouge and Thompson and TVWorks Ltd

[Full decision at BSA website]

Francis, Gouge and Thompson and TVWorks Ltd - 2011-104

Dated: 03 April 2012

Number: 2011-104


• Ross Francis of Masterton

• Nick Gouge of Hamilton

• Alasdair and Joan Thompson of Auckland

Channel: TV3

Broadcaster: TVWorks Ltd


• Peter Radich (Chair)

• Te Raumawhitu Kupenga

• Leigh Pearson

• Mary Anne Shanahan


Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989
Campbell Live – items reported on controversial comments made by the CE of the EMA that some female workers are less productive because they take sick leave when they are menstruating – interviewed CE and portion of the interview broadcast – included sarcastic comments and caricature of CE singing – panel discussed comments – allegedly in breach of privacy, controversial issues, accuracy and fairness standards

Standard 6 (fairness) – interview footage provided a fair summary of Mr Thompson’s character and conduct – was not necessary in the interests of fairness to broadcast the full interview – items not unfair to Mr Thompson, given his position as a public figure and that the comments reported on were made during a political discussion in the public arena – not upheld by majority

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Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in the full interview – we are not in a position to determine whether the items created a misleading impression about Mr Thompson’s personality traits – not upheld

Standard 4 (controversial issues) – items focused on Mr Thompson’s comments and his competency to fulfil his role as CE of the EMA, rather than the wider issue of pay equity – both issues amounted to controversial issues of public importance – Mr Thompson was provided with a sufficient opportunity to explain his comments in the interview and was invited to appear on 24 June item – viewers would have been aware of alternative significant viewpoints on the wider issue – broadcaster provided reasonable opportunities and made reasonable efforts to present significant viewpoints in the items and in other programming within the period of current interest – not upheld

Standard 3 (privacy) – woman employee referred to in 23 June item was not identifiable – not upheld

This headnote does not form part of the decision.

[Full decision at BSA website]

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