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The Authority has upheld one aspect of a privacy complaint regarding an episode of A Question of Justice which contained sensitive and traumatic photos of the complainant. The programme contained a re-enactment of an assault on the complainant in 2008, and showed photos of the complainant in hospital with extensive injuries and in a state of undress. The Authority found that while the photos had previously been broadcast in 2009, the sensitive surrounding circumstances and traumatic nature of the photos, combined with the passage of time since they had last been made public, meant the photos had become private again (especially since the complainant had no prior knowledge of this broadcast)....

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintTV3 current affairs programme – breach of standards – breach of privacy FindingsPrivacy – decline to determine Standards – decline to determineThis headnote does not form part of the decision. Decision C complained to TV3 Network Services Ltd, the broadcaster, that a current affairs programme broadcast on TV3 breached broadcasting standards. C also laid a privacy complaint about the programme with the Broadcasting Standards Authority. The members of the Authority have viewed a tape of the broadcast complained about and have read the correspondence listed in the Appendix. The Authority arrives at its decision on these complaints without a formal hearing. The Authority has carefully considered the matters raised in the material provided to it by the parties....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

Download a PDF of Decision No. 1993-044:Hansen and Television New Zealand Ltd - 1993-044 PDF347. 71 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-069 Decision No: 1996-070 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by GRAHAM BENNETT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-035 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by STEPHEN P IHAKA of Kaitaia Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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"....

Complaint The Edge – caller to station advised that she had unwittingly committed incest and sought assistance with advising half-brother – caller telephoned her half-brother on-air advising him of their relationship – highly sensitive material – breach of privacy – releasing information offensive – no tape FindingsPrinciple 1 Guideline 1a – despite time for reflection, broadcaster proceeded with the broadcast of very sensitive information for entertainment purposes – upholdPrinciple 3 – privacy – consent from one party Privacy Principle (vii) – no uphold – no identification of the other – no uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] "Cleaning Out Your Closet" was the name of a competition run by The Edge, a radio station, in which callers speak about something they want to get off their chest. At about 5....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 The Edge – broadcast conversation with listener – hosts had told listener that she was not on air – broadcast her cellphone number – listener complained that broadcast breached her privacy and was unfair – broadcaster upheld the complaint – action taken allegedly insufficient Findings Standard 3 (privacy) – action taken insufficient – upheld Standard 6 (fairness) – action taken insufficient – upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,500 This headnote does not form part of the decision. Broadcast [1] On Wednesday 27 August 2008 on The Edge radio station, a telephone conversation between the hosts and a listener was broadcast between 5pm and 6pm. The listener expressed concern that the hosts were making inappropriate remarks about people from other countries, such as India and America....

The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

The majority of the Authority has not upheld a complaint an episode of the programme Renters breached the privacy of the tenants of the properties featured. The majority of the Authority did not find any of the tenants were identifiable. As the privacy standard only applies to identifiable individuals, the standard did not apply. The minority view was that the information disclosed was adequate to enable viewers, beyond family and close friends who would reasonably be expected to know about the matters disclosed, to identify one individual and the information had the quality of private information such that the disclosure breached the privacy standard. Not Upheld by Majority: Privacy...

The Authority has not upheld a direct privacy complaint regarding a 1 News item reporting on Kamahl Santamaria’s resignation from Breakfast, where it was stated that ‘allegations of inappropriate behaviour have surfaced’ (reported earlier that day by Stuff). The Authority found Santamaria did not have a reasonable expectation of privacy in relation to the information reported, and the item carried high public interest. Not Upheld: Privacy...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 60/94 Dated the 1st day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAHAM and JENNY JACOBSEN of Putaruru Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Loates...

ComplaintEarth Report – documentary – BBC World – child’s nudity – breach of privacy FindingsPrivacy – child not exploited – nudity not sexualised – decline to determine This headnote does not form part of the decision. Summary Highlights from Earth Report broadcast on 5 September at 12. 35pm on TV One examined the present circumstances of two children born in 1992, the year the UN Earth Summit was held in Rio de Janeiro. One of the children featured was from China and the other from a nomadic herding tribe in Northern Kenya. The programme included a shot of the Kenyan boy being bathed. Craig McDowall complained to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act that the Kenyan child’s privacy was breached when he was filmed fully naked....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Darpan – report on first Hindu conference in New Zealand – allegedly in breach of law and order, privacy, balance, accuracy, fairness, programme classification, programme information and violence standards Findings Standard 2 (law and order) – report was not inconsistent with the maintenance of law and order – not upheld Standard 3 (privacy) – privacy standard relates to an individual – no individual specified by the complainant – not upheld Standard 4 (balance) – no controversial issue of public importance discussed in the item – balance standard did not apply – not upheld Standard 5 (accuracy) – Council spokesperson explained what the conference was about – viewers were made aware that the conference had a number of themes – viewers would not have been misled – not upheld Standard 6 (fairness) – report was a fair and accurate reflection of the event – not upheld Standard 7 (programme…...

Download a PDF of Interlocutory Decision No. ID1992-003:Centrepoint Community Growth Trust and TV3 Network Services Ltd - ID1992-003 PDF558. 63 KB...

Warning: This decision discusses issues of sexual abuse of children and suicide. The Authority has not upheld a complaint that documentary 1 Special: The Lost Boys of Dilworth was inaccurate by not mentioning the denomination or titles of school chaplains involved in sexual abuse of students, or a complaint that the inclusion of re-enactments of memories of survivors re-traumatised victims of abuse, promoted sexual offending against children, breached privacy and was unfair to child actors involved. The Authority found that omission to mention the denomination or title of chaplains would not have materially altered the audience’s understanding of the documentary. The Authority also found that the inclusion of re-enactments did not breach the standards nominated, noting in particular that audience members (including survivors of abuse) were given appropriate information to make informed viewing decisions, no re-enactment depicted sexual violence and the offending of paedophiles was condemned throughout....