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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-018 Dated the 22nd day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDDIE HAYES of Hawkes Bay Broadcaster RADIO OTAGO LTD TRADING AS 93 FM, HASTINGS J M Potter Chairperson L M Loates R McLeod A Martin...

An appeal against this decision was dismissed in the High Court: CIV 2006-485-002633 PDF78. 95 KB Complaint under section 8(1)(c) of the Broadcasting Act 1989Inside New Zealand – Stake Out: Models Exposed – hidden camera footage of magazine editor photographing models in his bedroom and in an apartment – allegations in the programme that he was not honest about how the models’ photographs would be used – allegedly in breach of privacyFindingsStandard 3 (privacy) – privacy principles (i), (iii) and (vi) relevant – no private facts revealed therefore privacy principle (i) not breached – broadcast of hidden camera footage was in breach of privacy principle (iii) – no public interest – upheldOrderSection 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $3,000 Section 16(1) – payment of costs to the complainant $393....

Complaints under sections 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Newstalk ZB – item on the sale of shares by the New Plymouth District Council – broadcast of complainant’s recorded comments regarding the issue – allegedly unfair – alleged breach of privacyFindings Principle 3 (privacy) – no private facts disclosed – not upheld Principle 5 (fairness) – complainant should have been aware he was being recorded – spirit of Guideline 5a observed – not upheldThis headnote does not form part of the decision. Background [1] On 8 September 2004 the complainant faxed to Newstalk ZB a copy of a letter he had sent to various official institutions, including the office of the Auditor-General. The letter included allegations by Mr Gibbs that a district council executive stood to benefit financially from the sale of shares by the New Plymouth District Council....

Complaint Strassman – offensive language – "fuck" – interview with Rima Te Wiata breached her privacy – offensive behaviourFindings(1) Standard G2 – context – warning – AO time and classification – no uphold (2) Privacy – no private facts revealed – no uphold This headnote does not form part of the decision. Summary An episode of the comedy programme Strassman was broadcast on TV2 at 9. 30pm on 16 May 2000. Brian Shearer complained to Television New Zealand Ltd, the broadcaster, about the repeated use of the word "fuck" during the programme, and an interview with Rima Te Wiata, which he considered breached her privacy and was in bad taste due to questions asked about her sex life. TVNZ responded that the programme was intended as adult entertainment, began well after the watershed, carried an AO certificate and was preceded by a warning about strong language....

Complaint under section 8(1A) of the Broadcasting Act 1989Marcus Lush Breakfast Show – host disclosed the street address of the house where the television programme Outrageous Fortune was filmed – allegedly in breach of privacy Findings Principle 3 (privacy) – no “identifiable individual” – right to privacy attached to the individual not to the house – not upheld This headnote does not form part of the decision. Broadcast [1] During the Marcus Lush Breakfast Show, broadcast on Radio Live on the morning of 11 February 2008, the radio host discussed the lack of famous film and television set locations in New Zealand that people can visit and pay homage to. He told viewers that he had received an email informing him of the street address of the house used as the fictional West family’s residence in the television programme Outrageous Fortune. [2] At approximately 8....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported on the former chairman of Bridgecorp, Bruce Nelson Davidson, appearing in the District Court – stated that Mr Davidson was a past president of the Institute of Directors and of the Auckland District Law Society – allegedly in breach of privacy, accuracy and programme information standards Findings Standard 5 (accuracy) – broadcaster upheld accuracy complaint – action taken by broadcaster sufficient – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – item about strike action at the Port of Lyttelton – showed staff who were not on strike – complainant alleged that viewers might assume that they were on strike – alleged breach of privacyFindingsStandard 3 (privacy) – staff not identifiable – not upheldThis headnote does not form part of the decision. Broadcast [1] Strike action at the Port of Lyttelton was dealt with in an item broadcast on 3 News beginning at 6. 00pm on 29 March 2005. Complaint [2] The Chief Executive (Rod Grout) of Pacifica Shipping (1985) Ltd (trading as the Pacific Transport Group) complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item breached the privacy of some Pacifica Shipping workers....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – three items and promo for programme discussed complainant’s businesses and websites – spoke to a number of his customers who believed they had been “ripped off” – referred to complainant as an “internet fraudster” and “a face to what is often a faceless crime” – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 6 (fairness) – reporter’s approach in trying to obtain comment from Mr Katavich and door-stepping was not unfair – not upheld – thrust of the programmes was that Mr Katavich was a criminal and a fraudster – no evidence to suggest that his business activities were illegal – unfair to Mr Katavich – upheldStandard 3 (privacy) – Mr Katavich did not have an interest in seclusion at his business offices – business address was not a private fact and was not disclosed for the purposes of…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

The Authority has not upheld a privacy complaint about items on Newshub and The AM Show, which reported on a Police raid of a gang house and featured footage of the complainant’s property, with the house number blurred. The Authority found that the privacy standard did not apply in this case, as the complainant was not identifiable in the broadcast and no private information or material was disclosed about them. As the house was only filmed to the extent visible from the street, the broadcaster did not intrude upon the complainant’s interest in solitude or seclusion in a way that was highly offensive. The Authority recognised the public interest in the broadcast and found that the harm alleged to have been caused by the complainant did not outweigh the right to freedom of expression.   Not Upheld: Privacy  ...

Summary An item about the squalid living conditions of a Wanganui woman and her cats was broadcast on One Network News on TV One on 25 August 1999, between 6. 00pm and 7. 00pm. It included footage showing the interior of the house she lived in, which was filmed during a period when the woman was in hospital. Rev and Mrs Williams complained direct to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act 1989, that the broadcast had breached the woman’s privacy. They considered that, in filming the interior of her house, the woman’s privacy had been grossly and blatantly violated by the broadcaster, Television New Zealand Ltd. TVNZ recommended that the Authority should decline to uphold the complaint. It contended that there was a strong public interest in a story about a person living in New Zealand in such appalling conditions....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Special talkback show on Apna’s first birthday hosted by Programme Director – complainant was a former employee and telephoned the show – call disconnected – later caller told that the former employee’s employment had been terminated or he had resigned – allegedly in breach of privacy, inaccurate and unbalanced FindingsPrinciple 3 (privacy) – no private fact disclosed – not upheld Principle 4 (balance) – broadcast did not deal with controversial issue of public importance – not upheld Principle 6 (accuracy) – broadcast did not deal with news and current affairs – not upheld This headnote does not form part of the decision. Broadcast [1] On 30 April 2006, Apna 990am celebrated its first birthday and invited callers to express their views on air. The session was hosted by Apna’s Programme Director, Shahil Shah. [2] At about 4....

ComplaintSki Season – series about ski season on Treble Cone and people who worked on the ski field – complainant’s work ethic questioned on the item FindingsStandard 3, Privacy principles (i) and (iv) – no disclosure of highly offensive private facts – facts disclosed not used to abuse or ridicule – no uphold This headnote does not form part of the decision. Summary [1] The series Ski Season examined the operations of Treble Cone ski field and the people who worked there. The episode complained about dealt with the stresses at the start of the season and was broadcast on TV One at 8. 00pm on 23 July 2003. [2] Chris Strange complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item had portrayed him as an unreliable employee....

ComplaintSun FM – announcer’s alleged misconduct – disparaging comments about complainant – breach of privacy FindingsIssue primarily a work-related dispute Principle 7 – decline to determine Privacy – decline to determine This headnote does not form part of the decision. Decision Following a work-related dispute, an announcer at Whakatane’s Sun FM allegedly made disparaging comments about the complainant on air on one occasion, and allegedly breached her privacy on air on another. The complainant had been a voluntary worker at Sun FM. The complainant, SB, complained to Sun FM, the broadcaster, that a broadcast on 28 November 2000 breached the requirement in Principle 7 of the Radio Code of Broadcasting Practice for broadcasters to be socially responsible in programmes and their presentation. She complained to the Broadcasting Standards Authority that a broadcast on 1 December 2000 breached her privacy....

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....

Summary [This summary does not form part of the decision. ] Campbell Live broadcast two items that were critical of Ranfurly Veterans Home and Hospital, relating to an incident in which a resident, Q, was found lying on the driveway after falling from his power chair. The Authority upheld one aspect of the accuracy complaint in relation to another incident involving a resident, F, and upheld the complaint that the items were unfair to Q, and to Ranfurly. The Authority did not uphold the complaint that the residents' privacy was breached. The Authority did not make any order as only limited aspects were upheld. Upheld: Accuracy, Fairness Not Upheld: Privacy No Order Introduction [1] Campbell Live broadcast two items that were critical of Ranfurly Veterans Home and Hospital (Ranfurly)....

Summary [This summary does not form part of the decision. ] An item on 3rd Degree contained an interview with a man who was involved in a family feud over the provisions of his mother's will. The man described the legal battle with his brothers, and the item showed two old photographs of the brothers, one of whom was WS. The Authority upheld the complaint that WS' privacy was breached as he had not consented to having his image shown in the programme. Upheld: Privacy Order: Section 13(1)(d) $1,500 compensation to the complainant for breach of privacy Introduction [1] An item on 3rd Degree looked at the consequences of not writing a will or having a will contested. It contained an interview with a man, X, who was involved in a family feud over the provisions of his mother's will....

The Authority upheld a complaint about an item on Te Ao Māori News concerning a Northland community’s opposition to the alleged conversion of a neighbouring farm track into a roadway. The Authority found the item inaccurately stated the works undertaken on the roadway were ‘unauthorised’ (and other aspects of the item had contributed to this impression). It was not satisfied the broadcaster made reasonable efforts to ensure accuracy. The item also had the potential to mislead by omission, as it did not tell the other side of the story or include countering comment from the farm owners, which may have altered viewers’ understanding of the situation. The Authority also found broadcasting footage filmed by a third-party of the farm owners on their private property amounted to a highly offensive intrusion upon their interest in solitude and seclusion, in breach of the privacy standard....