BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.]

The Authority has declined to determine a direct privacy complaint about the broadcast of information concerning the circumstances of a murder victim’s death. The privacy standard only apples to living individuals, and on this basis did not apply. The Authority reiterated the need for sensitivity and care to be taken in reporting of this kind.

Declined to determine (section 11(b) of the Broadcasting Act 1989 - in all the circumstances): Privacy

The broadcast

[1]  During a news bulletin on Radio 1XX at 3pm on 2 September 2023, an item briefly discussed details of a murder investigation:

Police are putting out a fresh appeal for information almost a year on from the death of [victim]. The 18 year old girl was found dead in a burnt out car in rural Hawke's Bay with hands and feet cut off. A whanau spokesperson says they're still mourning her death and want to find those responsible.

The complaint

[2]  Manuela Kung Purser complained that the broadcast breached the privacy standard of the Code of Broadcasting Standards in New Zealand as:

‘The details of the information were highly offensive and distressing. Can't get it out of my head and thinking people who know her hear this randomly on the radio and also this should not be information children have to hear on a bright afternoon. I am sure this could have been worded more sensibly.’

Outcome: Decline to determine

[3]  Section 11(b) of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint if it considers that, in all the circumstances of the complaint, it should not be determined.

[4]  The complainant has made a direct complaint to the Authority, and on this basis only the privacy standard can be assessed. The complainant was informed of this limitation, and that the standard only applies to living persons. The complainant confirmed they wished to proceed with the complaint.

[5]  The privacy standard applies only to identifiable living individuals,¹ and the Authority has previously not upheld complaints about breaches of privacy on this basis.² For this reason, the murder victim described in the broadcast does not meet the criteria for the standard to apply. In these circumstances, the Authority considers it should exercise its jurisdiction to decline to determine the complaint.

[6]  However we reiterate to broadcasters the need for sensitivity and care to be taken in reporting of this kind, to avoid any unintended harm being caused to those bereaved or grieving.

For the above reasons the Authority declines to determine the complaint.
Signed for and on behalf of the Authority

Susie Staley
Chair
29 November 2023

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Kung Purser’s direct privacy complaint to the Authority – 2 September 2023

2  Kung Purser confirming wish to pursue complaint – 8 September 2023

¹ Guideline 7.1
² See for example FV and Television New Zealand Ltd, Decision No. 2018-004 at [15]