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ComplaintThe Rock – a number of complaints – breach of privacy – using the airwaves to ridicule and denigrate – unfair – unjust Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) s. 4(1)(c) – privacy – no identification – no uphold (3) Principle 5 – 6 December broadcast – no uphold11 December broadcast (6. 19am) – threatening and intimidatory – uphold11 December broadcast (8. 35am) – suggesting someone has mental problems unfair – uphold12 December broadcast (6. 22am) – no uphold12 December broadcast (6. 54am) – no uphold13 December broadcast – abusive and threatening – uphold20 December broadcast – no uphold7 January broadcast – no uphold Orders(1) Broadcast of statement(2) $250 reimbursement of reasonable legal costs and expenses This headnote does not form part of the decision. Summary [1] R K Watkins complained to the Broadcasting Standards Authority under s....

SummaryThe results of a paternity test were revealed live during the broadcast of You be the Judge on TV2 on 29 March 1999 beginning at 8. 00pm. The child, who was 6 years old, was present in the studio when it was revealed that his mother’s former husband was his father. The Commissioner for Children, Ursula Cheer, John Caldwell and David Rowe, Gillian Davies, Marianne Hardgrave, Mike Doolan on behalf of the Children Young Persons and their Families Agency, Charles and Helen Harrington-Johnson, Bronwyn Hayward on behalf of the Children’s Television Foundation and Aroha Reihana complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast violated the child’s right to privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item discussed a recently conducted study by a New Zealand woman investigating the early sexualisation of pre-teen girls – showed a photo of a then 11-year-old girl from the pages of Crème magazine – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) – no private facts revealed – not upheld Standard 6 (fairness) – not unfair to young girl – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on 11 June 2007 at 7pm on TV3, discussed a recently conducted study by a New Zealand woman investigating the early sexualisation of pre-teen girls, or “tweenies”. The study had discovered that, for girls, magazines were very influential and, in some instances, more important than their brothers and sisters....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item featured a man who had deliberately driven his car into the reception of the IRD’s Christchurch building following an employment dispute – reporter stated that “he describes himself as a paranoid and a depressive” – allegedly in breach of privacy FindingsStandard 3 (privacy) – person’s mental health status normally considered a private fact – interviewee disclosed fact to reporter – no reasonable expectation of privacy – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 19 August 2009, reported that a man had deliberately driven his car through three glass doors into the reception of the IRD’s offices in Christchurch....

Complaint under section 8(1)(c) of the Broadcasting Act 1989Sunday – item about marketing 42 Below vodka in the American market – featured interview with gay bar owner – allegedly in breach of privacyFindingsStandard 3 (privacy) – no private facts revealed – consent given for interview – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Sunday on TV One at 7. 30pm on 12 June 2005 featured a marketing manager, James Dale, who had been appointed to promote a New Zealand vodka called 42 Below in the American market. [2] The item included an interview with the owner of a gay bar, John Libonati, who had sent Mr Dale an email condemning the disparaging comments Mr Dale had made about gay culture. Mr Libonati said that he had received a reply from James Dale which had included a number of insults....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-170 Decision No: 1966-171 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ANNE BAKER (2) of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Coastwatch – included footage of Fisheries officers enforcing blue cod catch restrictions in the Marlborough Sounds – footage shown of officers pulling up to a boat which had been fishing in a banned area and issuing an infringement notice to the skipper for breaching the fishing restrictions – occupants of the boat were shown unpixellated – allegedly in breach of privacy and fairness standards FindingsStandard 6 (fairness) – footage was matter-of-fact and not sensationalised – complainant was fined for a relatively serious offence – complainant and his companion treated fairly overall – not upheld Standard 3 (privacy) – footage taken in a public place – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Coastwatch was broadcast on TV2 on Monday 13 April 2009....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-156 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN WARD of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

SummaryAn item on Holmes examined "Operation Youthcare", a police and community initiative dealing with some problems arising from children and young people frequenting the city centre of Nelson at night. Part of the filming took place in the police station where a number of young people were being held or questioned. It was reported that, in some cases, their parents were summoned to the station. The item was broadcast on TV One on 10 June 1999, commencing at 7. 00pm. G complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his and his daughter’s privacy were breached by the filming. Both he and his daughter were identifiable, he wrote. He also complained that the broadcast of the details of a private conversation between his daughter and a police officer breached her privacy....

ComplaintPrivate Investigators – item on alleged employee theft – police diversion – privacy – identificationFindings(1) Privacy – majority finding that complainant identified – no private facts revealed – police diversion scheme does not provide anonymity – no uphold This headnote does not form part of the decision. Summary An episode of Private Investigators was broadcast on TV One at 7. 30pm on 4 July 2000. Private Investigators is a series about the activities of private investigators in New Zealand. SL, through her lawyer, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast had breached her privacy. The programme had included an item about alleged employee theft at an Auckland delicatessen....

Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989Campbell 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 FindingsStandard 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 Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

Download a PDF of Decision No. 1991-033:Rutherford and Television New Zealand Ltd - 1991-033 PDF1. 11 MB...

Summary[This summary does not form part of the decision. ]Four episodes of The Windsors, a British satirical comedy series, parodied the British Royal Family with reference to topical events. The episodes featured exaggerated characters based on members of the British Royal Family and contained offensive language and sexual material. The Authority did not uphold a complaint that the episodes failed general standards of common taste and decency, and denigrated and ridiculed the Queen and her family. The Authority found that the episodes were clearly satirical and intended to be humorous. While this particular brand of humour may not be to everyone’s liking, the right to freedom of expression includes the right to satirise public figures, including heads of state. In the context of an AO-classified satirical comedy series, which was broadcast at 8....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-054 Decision No: 1997-055 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by P J CULLINANE Bishop of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates A Martin...

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....

ComplaintWeddings: Happily Ever After? – update on some couples who appeared in Weddings – breach of privacy FindingsPrivacy – consent form for footage from Weddings – subsequent information freely given – no uphold This headnote does not form part of the decision. Summary [1] An episode of Weddings: Happily Ever After? was broadcast on TV2 at 7. 00pm on 23 September 2001. The programme reported on the state of the relationships of some of the couples who had appeared on previous episodes of Weddings. [2] Kylie and Simon Bernie, one of the couples, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme had breached standards relating to privacy. Mr and Mrs Bernie maintained that they had not consented to the inclusion of information about them or their baby daughter in the programme....