[This summary does not form part of the decision.]
A segment on Thane & Dunc included an interview with a man, X, who had a relationship with a couple (the complainant and Z). During the interview, X described the nature of the relationship. He did not name the couple, referring to them as ‘A’ and ‘B’. A second interview with X was broadcast the following day, during which the hosts told X they had spoken with the couple, who alleged the relationship was abusive. The hosts interrogated X about his behaviour, then demanded X apologise and agree to make no further contact with the couple involved. The Authority upheld a complaint that these broadcasts breached the privacy of the complainant and Z. The Authority found that little, if any, sensitivity or respect was shown for the dignity, safety, reputation and mental wellbeing of the parties involved, and this represented a serious breach of broadcasting standards and a serious lack of understanding of the parties’ right to privacy.
Orders: Section 13(1)(d) $3,000 compensation to JN and $3,000 compensation to Z for the breaches of privacy; Section 16(4) $2,500 costs to the Crown
 A segment on Thane & Dunc included an interview with a man, X, who had a relationship with a couple (the complainant and Z). During the interview, X described the nature of the relationship. He did not name the couple, referring to them as ‘A’ and ‘B’. A second interview with X was broadcast the following day, during which the hosts told X they had spoken with the couple, who alleged the relationship was abusive. The hosts interrogated X about his behaviour, then demanded X apologise and agree to make no further contact with the couple involved.
 JN complained directly to the Authority that the second interview breached the privacy of JN and Z.
 In its response to the complaint, MediaWorks accepted that the broadcast breached the privacy of the complainant and Z, however it considered that the couple would only have been identifiable to a small number of people.
 The issue raised in JN’s complaint is whether the broadcast breached the privacy standard, as set out in the Radio Code of Broadcasting Practice.
 The first interview was broadcast on 31 May 2017 and the second interview was broadcast on 1 June 2017 on The Rock. The members of the Authority have listened to recordings of both broadcasts and have read the correspondence listed in the Appendix.
 The right to freedom of expression is the starting point in our consideration of complaints. The right to freedom of expression is a fundamental freedom, but it is not an absolute freedom. This right may be limited where the exercise of it may cause harm. In this case, we must consider whether the harm that is alleged outweighs the broadcaster’s right to freedom of expression, such that it is reasonable and justified for us to uphold the complaint, and limit the right.1
 The broadcaster in its response to the Authority accepted there was a breach of privacy in this case, and we agree.
 We consider this broadcast represented a very serious breach of broadcasting standards, with little, if any, sensitivity or respect shown for the dignity, safety, reputation and mental wellbeing of the parties involved. While JN’s complaint did not raise the fairness standard, the hosts’ conduct represented a severe lack of understanding of the parties’, including X’s, right to fair treatment and to privacy.
 The hosts’ apparent view that this type of segment was an appropriate use of the airwaves also demonstrates a serious lack of understanding of the broadcasting standards regime, and of broadcasters’ responsibilities in general. In our view, the seriousness of the breach and the misconduct is aggravated by the fact that one of the hosts has previously been involved in a serious breach of broadcasting standards.2 This further breach indicates that the broadcaster has failed to take cognisance of, and learn from, the guidance previously given by the Authority, and the importance of meeting broadcasting standards. This will be relevant to our assessment of orders.
 We also strongly disagree with the broadcaster’s assertion that the second interview that took place was in the public interest. We discuss our reasoning for this decision below at .
 For these reasons, further expanded upon below, we find a serious breach of the privacy standard. The harm to the complainant, and others, in terms of their right to privacy and fair treatment, in this case outweighed the broadcaster’s right to freedom of expression.
 The privacy standard (Standard 10) states that broadcasters should maintain standards consistent with the privacy of the individual. The standard aims to protect, where reasonable, people’s wishes not to have themselves or their affairs broadcast to the public. It seeks to protect their dignity, autonomy, mental wellbeing and reputation, and their ability to develop relationships, opinions and creativity away from the glare of publicity. It is a defence to a privacy complaint where matters of legitimate public interest are disclosed.
The parties’ submissions
 JN submitted:
Summary of events
Breach of privacy
 MediaWorks submitted that:
Off-air discussions - first interview and prior to second interview
Attempts to contact The Rock prior to, and during, the second interview
 In response, JN:
 Three criteria must be satisfied before the Authority will consider upholding a breach of privacy under the standard: the individual(s) whose privacy has allegedly been interfered with must be identifiable; the broadcast must disclose private information or material about the individual(s); and the disclosure must be considered highly offensive to an objective reasonable person.3
Were JN and Z identifiable?
 When we consider a privacy complaint, we first determine whether the person (or persons) whose privacy has allegedly been interfered with was identifiable in the broadcast. The test for whether a person is identifiable is whether he or she would be identifiable beyond family and close friends who would reasonably be expected to know about the matter dealt with in the broadcast.4
 In our view, the unusual circumstances of this relationship, in combination with X’s name, which were both known to others, as well as specific references and details about the complainant’s family, would have allowed those who knew or were aware of the couple to identify them based on X’s descriptions.
 This case is analogous to the Authority’s decision in BL and MediaWorks,5 in that while only a small number of people may have been able to recognise the complainant and Z from this information, the complainant has submitted that not all of those people were aware of the full nature of the relationship, which the couple dealt with very privately.
 The complainant has also submitted that they were later approached by people who were only made aware of the abuse after the broadcast.
 We therefore find that both JN and Z were identifiable in the broadcast.
Private information and reasonable expectation of privacy
 The next question is whether any private information was disclosed about JN and Z, or information about which they had a reasonable expectation of privacy.6 The private information disclosed during the second interview included highly sensitive details about the nature of the complainant’s and Z’s relationship with X. The first interview also contained intimate details of their relationship and living arrangements.
 We consider details about the nature of the relationship, which had been provided to the station by Y and JN in confidence in order to stress the serious safety concerns the complainant had about the broadcast, was sensitive, personal information over which the complainant and Z clearly had a reasonable expectation of privacy. As was the case in LN and MediaWorks,7 the couple did not expect these particular details of their relationship to be broadcast on national radio. This was highly personal information about sensitive details of their relationship.
Highly offensive disclosure
 Where private information has been disclosed, over which the featured individual(s) had a reasonable expectation of privacy, the third criteria for us to consider is whether this disclosure would be considered highly offensive to an objective reasonable person in the position of the person or persons affected.8
 The means by which private material is gathered will affect the offensiveness of the disclosure. For example, it may be highly offensive to broadcast material gathered by surreptitious or deceptive means.9 Additionally, where a person has not consented to the broadcast, disclosure of private facts is likely to be highly offensive.10
 We agree with the complainant’s submissions that it appears that the programme’s hosts displayed a flagrant or reckless disregard for the complainant’s serious concerns about the couple’s privacy and safety, and the safety of the family. Given the information provided by the complainant about X, this broadcast exposed the complainant and Z, as well as X himself, to serious risks. While there is some discrepancy between the parties’ submissions as to the timeline of the first and second interviews and the conversations between the announcers, Y and the complainant, it is clear that there was contact between the complainant and the station as to the nature of the relationship, and the complainant’s concerns, prior to the second interview being aired.
 It was not the role of the station or the programme’s hosts to confront X about his behaviour, or to tell him to cease contact with the couple. We agree that the general issue of condemning domestic abuse is a matter of public importance, and should be challenged and discussed. However, by broadcasting these matters to a nationwide audience, the hosts removed the complainant’s and Z’s ability to deal with the situation as they wished. The broadcast of this information, despite the complainant’s wishes and in breach of confidence, was highly offensive and a serious breach of broadcasting standards. Further, we disagree that there was any public interest in the disclosure of personal and sensitive relationship details of private individuals, which carried the added and very real risk of endangering their safety.
 The parties are in dispute as to whether the hosts saw the Facebook messages during the second interview. However, they were clearly read, whether during the segment or after its broadcast, and the hosts took no action to remedy the harm caused. The complainant has submitted that the situation was aggravated when the story and audio was provided to Newshub for rebroadcast, though this submission is disputed by the broadcaster.
 We therefore find a clear breach of privacy in this case.
Defences: public interest and informed consent
 Having found a breach of privacy, we now consider whether any defences are available to the broadcaster.
 Guidelines to the privacy standard identify two possible defences to a breach of privacy. First, it is a defence to a privacy complaint if the matters disclosed are of legitimate public interest.11 Second, it will not be a breach of privacy where the person concerned has given informed consent to the disclosure.12
 As we have noted above, we strongly disagree that the broadcast of the second interview was in the public interest.
 The first interview was clearly undertaken for the purpose of titillation and clearly exploitative of the individuals involved. The tone of this interview, particularly the tone of the questions from the hosts, was voyeuristic and offensive. The tone of this first interview is, in our view, inconsistent with the hosts’ purported intentions for the second interview, which were to confront X about his behaviour.
 The second interview was undertaken despite the express wishes of the complainant. The broadcaster was aware of the complainant’s concerns for the safety and wellbeing of all parties, and continued with the broadcast despite knowledge of those concerns. As noted above, while we agree that issues relating to domestic abuse generally are matters of public importance, it was not appropriate to confront X live on air. That is not the role of a broadcaster. Rather than making the situation better, the broadcaster carelessly put the individuals concerned at risk and may have aggravated the situation.
 It is also clear from the circumstances that the complainant and Z did not give informed consent to the broadcasts. Therefore neither defence is available to the broadcaster in this case.
Conclusion on privacy
 The importance of the right to freedom of expression means that we may only intervene and uphold a complaint where we are satisfied that limiting that right is reasonable and justified in a free and democratic society. In this case, we consider it is clear that the complainant’s and Z’s privacy interests were not given due consideration by the broadcaster. The result is that JN’s and Z’s privacy has been breached by this broadcast, and harm has been caused to JN, Z and the family. This outweighs the broadcaster’s right to freedom of expression. We therefore uphold the privacy complaint.
 Due to the nature and circumstances of this complaint, we have suppressed the parties’ names and other identifying details in our decision.
 Having upheld the complaint, the Authority may make orders under sections 13 and 16 of the Broadcasting Act 1989. We invited submissions on orders from the parties.
 The complainant, JN, submitted that:
 MediaWorks submitted:
 In response, JN submitted:
 In response to the parties’ submissions regarding passing of the interview audio to Newshub, we have made minor amendments to paragraph  of our final decision, to reflect that this factual allegation is disputed by the broadcaster. However, we do not consider any further amendments to the decision are necessary. Paragraph  sets out the complainant’s own submissions and is not a finding of fact by the Authority.
 We therefore move to consider the parties’ submissions on orders.
 Where a complaint is upheld, the Authority may make orders, including, in the case of a privacy breach, directing the broadcaster to pay compensation to the person whose privacy has been breached, to broadcast and/or publish a statement, and/or to pay costs to the Crown.
 Section 13(1)(d) of the Broadcasting Act 1989 (Act) provides that:
…if the Authority finds that the broadcaster has failed to maintain, in relation to any individual, standards that are consistent with the privacy of that individual, [the Authority may make] an order directing the broadcaster to pay to that individual, as compensation, a sum not exceeding $5,000.
 Having upheld JN’s privacy complaint and found breaches of both JN’s and Z’s privacy, and taking into account the submissions from JN of the impact of that breach, we consider it appropriate to make an award of compensation to both JN and Z.
 We are satisfied that section 13(1)(d) permits, and that is appropriate for, the Authority to order separate awards of privacy compensation payable to the complainant and Z in this case, as we have found that the privacy of both individuals has been breached. The Act, and the Authority’s decision in Ihaia & IM and MediaWorks Radio Ltd,13 are clear that compensation of up to $5,000 may be awarded for each breach of an individual’s privacy.14
 In determining the amount to be awarded to JN and Z in this case, we have had regard to the following factors:
 Having regard to the above factors, as well as the Authority’s previous compensation awards, we find that awards of privacy compensation of $3,000 each to JN and her partner for the breaches of privacy are appropriate.
Costs to the Crown
 The Authority may also make an award of costs to the Crown having regard to various factors, including the conduct of the broadcaster, the seriousness of the breach of standards and previous decisions. Under section 16(4) of the Act, the maximum amount of costs to the Crown we are able to award is $5,000.
 In determining whether costs to the Crown are warranted, we have taken into account a number of factors including:
 Relevant mitigating factors which we have also considered are:
 Taking into account the considerations above, our overall view that this represented a serious breach of standards, and previous costs awards, we find that an order of costs to the Crown of $2,500 is warranted in this case.
 Taking into account JN’s submissions and the circumstances of the case, we do not consider a broadcast statement or public apology is appropriate. The purpose of any broadcast statement in this case would be to mark the breach and the hosts’ conduct, however this may undermine the protection of the complainant’s and Z’s privacy interests by bringing further attention to the matter. We consider that the release of the decision and costs to the Crown is adequate censure in the circumstances.
 MediaWorks has not offered a formal apology to the complainant, to Z or to X. However, in our view a private apology to the parties would be an appropriate remedy and we encourage the broadcaster to consider taking this step.
 The complainant also sent a submission advising that the broadcasts subject to complaint (the first interview and the second interview) remain available online as podcasts from the Thane & Dunc show. Given our finding that both the 31 May and 1 June broadcasts breached broadcasting standards, we expect the offending segments to be removed and no longer available to listen to online.
Signed for and on behalf of the Authority
27 October 2017
The correspondence listed below was received and considered by the Authority when it determined this complaint:
1 JN’s direct privacy complaint to the Authority – 19 June 2017
2 MediaWorks’ response to the complaint – 13 July 2017
3 JN’s further comments – 23 July 2017
4 MediaWorks’ confirmation of no further comment – 1 August 2017
5 JN’s submissions on the provisional decision and orders – 18 September 2017
6 MediaWorks’ submissions on the provisional decision and orders – 19 September 2017
7 JN’s further comments – 19 September 2017
8 JN’s final submissions – 20 October 2017
1 See sections 5 and 14 of the New Zealand Bill of Rights Act 1990, and Commentary: Freedom of Expression, Broadcasting Standards in New Zealand Codebook, page 6
3 Guidelines 10a and 10b
4 Guidance: Privacy, Broadcasting Standards in New Zealand Codebook, page 59
6 Guideline 10c
8 Guidelines 10b and 10e to Standard 10
9 6.1, Guidance: Privacy, Broadcasting Standards in New Zealand Codebook, page 60
10 6.2, Guidance: Privacy, Broadcasting Standards in New Zealand Codebook, page 60
11 Guideline 10f to Standard 10
12 Guideline 10g to Standard 10
14 In that case, two individuals were awarded $4,000 and $2,000 respectively for breaches of their privacy.