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The Authority has not upheld a direct privacy complaint about an interview on Morning Report following the stabbing of an Auckland dairy worker. The interviewee (the local Neighbourhood Support Coordinator) speculated about who the victim could be and gave information about the living arrangements of the family who operated the dairy. The Authority did not find any breach of the privacy standard in relation to the victim’s family, on the basis the information disclosed did not attract a reasonable expectation of privacy. It noted in any event that the identity of the victim was officially confirmed soon after, and reporting on the circumstances surrounding the stabbing carried high public interest. Not Upheld: Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 151/95 Decision No: 152/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHANNA KOSTER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

ComplaintTarget – unauthorised filming on private premises – breach of privacy FindingsPrivacy principles (i) and (iii) applied – footage inoffensive – no breach of privacy – no uphold This headnote does not form part of the decision. Summary A hidden camera was used on a Target programme broadcast on TV3 on 9 July 2000 to assess whether a car’s wheel alignment had been properly carried out. The footage broadcast included pictures of the outside of the business premises, and members of the staff dealing with the customer. Chris Clarke, the proprietor of Action Auto Services, complained to the Broadcasting Standards Authority about the broadcast, arguing that the filming had been carried out unlawfully on his premises. His complaint concerned the promos for the programme as well as the programme itself....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-022 Dated the 6th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAM SUTTON of Porirua Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-164 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GARY REYNOLDS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintHolmes – coverage of rally driver Possum Bourne’s funeral service – tribute by eight-year-old son – breach of child’s privacy FindingsStandard 3 and Guideline 3a – Privacy Principle (vii) – best interests of child considered by broadcaster – no uphold This headnote does not form part of the decision. Summary [1] Coverage of rally driver Possum Bourne’s funeral service was broadcast on Holmes on TV One at 7. 00pm on 6 May 2003. The item included the tribute made by his eight-year-old son, Taylor Bourne. [2] Kevin Nicol complained to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item, broadcast by Television New Zealand Ltd, breached the child’s privacy....

Complaint under section 8(1)(c) of the Broadcasting Act 1989 The Edge – anonymous caller revealed that named person had visited a medical clinic – disclosed confidential medical details – allegedly in breach of privacyFindings Principle 3 (privacy) – highly offensive disclosure of private facts – upheldOrder Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $2,067 Section 16(4) – payment of costs to the Crown $5,000This headnote does not form part of the decision. Broadcast[1] On the afternoon of Monday 9 October 2006, the hosts on The Edge radio station stated that they had “a bit of inside goss” from an anonymous caller who had previously worked at a medical centre for two weeks. The hosts asked “are you breaking patient confidentiality here or something? ” to which the caller laughed....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989One News – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfairFindings Standard 3 (privacy) – no identification of current owner of house – not upheld Standard 6 (fairness) – current owner not referred to in item – not upheld This headnote does not form part of the decision. Broadcast [1] An item which reported developments following an accusation of rape by Louise Nicholas against three policemen was broadcast on One News on 31 January at 6. 00pm. The item included shots of the former police house where the rapes were alleged to have occurred....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item about CCTV and New Zealand increasingly becoming a surveillance society – included footage of two school pupils fighting – allegedly in breach of privacy FindingsStandard 3 (privacy) – poor quality footage – no identifying features – pupils not identifiable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 22 June 2009, looked at the increase in CCTV video surveillance in New Zealand and whether the country was becoming a “surveillance society”. [2] The item included brief footage showing two school pupils fighting. The footage was grainy and looked to have been recorded on a cell phone. It showed a group of pupils standing around and jeering as one boy walked up to another and punched him in the head....

Summary [This summary does not form part of the decision. ]A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign and featured footage of a female boatie, QA, at the Takapuna Beach boat ramp. The Authority did not uphold the complaint that showing her in the item breached her privacy, and that her comment to the reporter was taken out of context which was inaccurate and unfair. Not Upheld: Privacy, Accuracy, FairnessIntroduction[1] A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign, in light of six drownings in the first week of summer. Introducing the item, the presenter stated, ‘[Our reporter] found Auckland boaties were complacent about the dangers’. In a pre-recorded item, the reporter said, ‘We’ve been at Takapuna boat ramp for just 15 minutes, and out of three boats, six of eight people on board weren’t wearing lifejackets’....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-003 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT S of Cambridge Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

The chair, Joanne Morris, declared a conflict of interest and declined to participate in the determination of this complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item discussing possible organised crime involvement in the black market tobacco trade – interviewed tobacco growers – one interviewee stated that he was no longer growing tobacco, but aerial footage of his property showed that he was – allegedly unbalanced, inaccurate, unfair and a breach of privacy Findings Standard 3 (privacy) – broadcast did not disclose any private facts about the complainant – not upheldStandard 4 (balance) – broadcast did not discuss a controversial issue of public importance – balance standard did not apply – not upheldStandard 5 (accuracy) – two aspects of the item inaccurate, but not significant in the context of the item overall – upheldStandard 6 (fairness) – not unfair to the complainant or to another interviewee – not upheld No Order This headnote does not form part of the decision....

Complaint Coromandel FM – news item inaccurately reported that fire fighter was charged with drunk driving causing death – privacy of fire fighter Findings (1) Unsatisfactory complaints procedure – warning (2) Principle 8 – relevant (3) Privacy Principles (i) and (ii)– facts inaccurate, not private – no uphold This headnote does not form part of the decision. Summary A news story broadcast more than once during the morning of 11 April 2000 on Coromandel FM reported that a named Morrinsville fire fighter had been charged with drunk driving causing death. MM, the fire fighter’s wife, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the fire fighter’s privacy by disclosing incorrect information about the offence he had been charged with. MM reported that the man had in fact been charged with careless driving causing death....

Complaint under section 8(1A) of the Broadcasting Act 1989Spectrum – reported on The Nelson Ark APART programme – presenter interviewed graduates, including a young woman, about their involvement in the programme – woman was asked about her background and how she came to be on the programme – allegedly in breach of her privacy FindingsStandard 3 (privacy) – woman was not identifiable for the purposes of the privacy standard – woman did not say she was raped, as alleged – no private facts were disclosed in a manner that would be considered highly offensive – high value speech – not upheld This headnote does not form part of the decision. Introduction [1] An item on Spectrum reported on The Nelson Ark APART programme, an eight-week dog training course designed to teach young people discipline, compassion and tolerance through empathy....

Download a PDF of Decision No. 1993-027–028:Kyrke-Smith Family and Television New Zealand Ltd - 1993-027, 1993-028717. 05 KB...

Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....

The Authority has declined to determine a complaint that a hip hop song contained racial slurs (including the n-word). The Authority noted the broadcaster apologised to the complainant for the offence caused and removed the song from its playlist. The Authority considered this action was sufficient and, in all the circumstances, it was not necessary to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Privacy...