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Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

Download a PDF of Decision No. 1991-008:Earlly and Radio Pacific Ltd - 1991-008 PDF578. 13 KB...

Summary [This summary does not form part of the decision. ]A repeat broadcast of an episode of Serious Crash Unit investigated a collision between two vehicles where one driver died. The Authority did not uphold the complaint from the surviving driver that the repeat broadcast, without his consent, breached his privacy. The complainant signed a consent form, and the timeline between the accident and the repeat broadcast more than four years later, in the absence of any further objections from him, suggested that he gave his consent freely, and not under duress. Not Upheld: PrivacyIntroduction[1] An episode of Serious Crash Unit investigated a collision between two vehicles where one driver died. The crash occurred on 4 December 2009, and the episode subject to complaint – a repeat broadcast – screened on 24 May 2014 on TV ONE....

Summary [This summary does not form part of the decision. ] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him. The broadcaster upheld the complaint this was unfair. However, the Authority found that the action taken by the broadcaster was insufficient, as the apology broadcast by the show’s hosts was insufficiently specific or formal to effectively remedy the breach. The Authority ordered a broadcast statement including an apology to the complainant. Upheld: Fairness (Action Taken) Not Upheld: Privacy, Accuracy, Discrimination and Denigration, Responsible Programming Order: Section 13(1)(a) broadcast statement including apology to the complainant Introduction [1] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him....

Summary [This summary does not form part of the decision. ]APNA 990 broadcast a segment disclosing that a named company allegedly owed it money and asking for the director of that company to 'contact us [as soon as possible] to sort out the account'. The Authority upheld the complaint that the broadcast breached the privacy of the company director because a debt is a private matter between the debtor and the person or company to whom the debt is owed. The disclosure was highly offensive as the complainant could reasonably expect the debt to remain private, and there was no public interest in disclosing it to the public at large....

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

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. ]Seven Sharp featured a brief segment about a Christchurch couple who had been recorded by members of the public having sex after hours at their workplace. The segment was presented as a humorous 'lessons learned' skit, featuring comments such as, 'apparently you can see through glass', and still photos of the incident were shown. The Authority did not uphold a complaint that the broadcast breached the couple's privacy as the information was already in the public domain at the time of broadcast. Not Upheld: PrivacyIntroduction[1] Seven Sharp featured a brief segment about a Christchurch couple who had been recorded by members of the public having sex after hours at their workplace. The segment was presented as a humorous 'lessons learned' skit, featuring comments such as, 'apparently you can see through glass', and still photos of the incident were shown....

Summary [This summary does not form part of the decision. ] The introduction to a Neighbours at War story showed brief footage of a man, GR, on a street outside a bar. The Authority did not uphold a complaint from GR’s son that the broadcast breached GR’s privacy. The footage was very brief, was taken in a public place and would not be highly offensive to an objective reasonable person. Not Upheld: Privacy Introduction [1] The introduction to a Neighbours at War story showed brief footage of a man (GR) on a street outside a bar. The man lifted up his t-shirt and appeared to be showing off for the camera. [2] NR, GR’s son, complained that the broadcast breached his father’s privacy, in particular because the filming had taken place a number of years before....

This decision was successfully appealed in the High Court: CIV 2004-485-1299 PDF930. 17 KB Complaint under s. 8(1)(c) of the Broadcasting Act 1989 One News and Late Edition – item about a Medical Practitioners Disciplinary Tribunal hearing – complainant gave evidence – name suppressed – complained that she was identifiable from audio of voice and visual of part of her body – item included complainant’s occupation – alleged breach of privacyFindings Standard 3 (privacy) – complainant identifiable because job description given together with visuals and audio – name suppression order given by court or tribunal not in itself grounds for privacy complaint – name suppression in this case given to all witnesses to ensure that they could continue to function effectively as Board employees – disclosure of B A’s role as witness in these circumstances highly offensive – upheldOrder Compensation to the complainant of $1500 under s....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – consumer affairs programme – hidden camera footage showing check-in procedures at four airlines – reporter commented that Qantas attendant had shown “incredibly unprofessional customer service” – allegedly unfair and a breach of privacy Findings Standard 3 (privacy) – no private or public facts disclosed – complainant had no interest in solitude or seclusion – not upheld Standard 6 (fairness) – broadcast of hidden camera footage not unfair when individual filmed in a public place in an employment situation interacting with member of the public, and where footage fairly represents what occurred – complainant unnecessarily identified, but overall not treated unfairly – no humiliation – editing of programme and presenter’s comments were fair – not upheld This headnote does not form part of the decision....

ComplaintShred – offensive behaviour – offensive language – sexually explicit graffiti named people living in Ohakune – privacy of named individuals breached FindingsG2 – currently accepted norms of decency and taste – uphold Privacy – no private facts disclosed – no uphold OrderBroadcast of statementCosts of $1000 to Crown This headnote does not form part of the decision. Summary Graffiti seen on a playground structure in Ohakune formed the basis for a skit on the snowboarding programme Shred, broadcast on TV2 at 10. 30pm on 7 September 2000. The presenter read out some of the sexually explicit graffiti, which included the first names of several people. Dennis Beytagh complained to Television New Zealand Ltd that he objected "in the strongest possible terms" to the content of the programme. He said he had never heard nor seen such explicit obscenities and descriptions of aberrant sexual practices being broadcast....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989High Country Rescue – profiled the attempted rescue of a tramper who died – made various references to the man’s “tramping party” and the “friends of the injured man” and showed brief footage of some of them with their faces blurred – allegedly in breach of privacy and fairness standardsFindingsStandard 6 (fairness) – complainant did not “take part” in the programme and was not sufficiently “referred to” for the purposes of the fairness standard – not upheld Standard 3 (privacy) – complainant was not identifiable – no private facts disclosed – footage of the complainant was not broadcast and so no disclosure of information obtained through an intrusion with the complainant’s interest in seclusion – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

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

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-068 Decision No: 1998-069 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (OPERATION TAM) TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 98/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C B of New Plymouth Broadcaster ENERGY ENTERPRISES LIMITED of New Plymouth I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...