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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...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Download a PDF of Decision No. 1992-095:Edmunds and Television New Zealand Ltd - 1992-095 PDF846. 89 KB...

Download a PDF of Decision No. 1993-177:H and Television New Zealand Ltd - 1993-177 PDF724. 94 KB...

ComplaintOne News – two items – coverage of murder trial – complainant summonsed as juror – shown standing near to accused in the dock – implied supporter of accused – breach of privacy FindingsSection 4(1)(c) – broadcasts did not maintain standards consistent with the privacy of the individual – current privacy principles not applicable – uphold as breach of s. 4(1)(c) OrderCosts to complainant of $500 This headnote does not form part of the decision. Summary The trial in the Whangarei High Court of George Aaron Marson for murder was covered by Television New Zealand Ltd. An item on One News on Monday 28 May 2001 showed Mr Marson pleading not guilty. The same footage was used in an item reporting the jury’s guilty verdict screened on One News on 1 June. On each occasion, DA was shown standing behind the dock, about a metre away from the accused....

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 Private Investigators – complainants’ boat repossessed from their property – no attempt to pixellate them – humiliating – breach of privacy FindingsStandard 3 and Guideline 3a – Privacy principle (i) – facts disclosed objectionable – no public interest – uphold OrderBroadcast of statement; compensation of $750 to each of the complainants This headnote does not form part of the decision. Summary [1] The repossession of a boat on which money was owing for the outboard motor was shown in a segment on Private Investigators broadcast on TV One at 9. 35pm on 6 November 2002. Private Investigators is a reality series which shows the range of activities undertaken by private investigators. [2] Mr and Mrs B Radford, the owners of the boat, complained through their solicitors to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached their privacy....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Radio Sport – Terror Talkback – breakfast host Martin Devlin telephoned randomly a person with same name as sportsperson in the news – alleged intentional intrusion in person’s seclusion – breach of privacyFindings Principle 3 – Guideline 3a – Privacy Principle iii – the broadcast telephone call did not amount to prying – not upheld This headnote does not form part of the decision. Broadcast [1] “Terror Talkback” is a regular feature of the Martin Devlin Breakfast Show on Radio Sport. It involves a telephone call to a person selected randomly who has the same name as a sportsperson in the news. At about 6. 20am on 23 February 2004, the host referred to the appointment of a Mr Shand as the Manager of the All Blacks. He then indicated he had randomly chosen the telephone number of a Mr Shand....

ComplaintLove Thy Neighbour – examined dispute between neighbours – complainant declined invitation to participate – address disclosed – owner and house shown – breach of privacy FindingsPrivacy – principles (i) and (v) relevant – (vi) applies – public interest defence applicable – no uphold This headnote does not form part of the decision. Summary [1] The series Love Thy Neighbour examines neighbour disputes. A boundary dispute between neighbours in Whangarei was one of the items dealt with in the repeat episode broadcast at 11. 15am on TV One on 7 September 2002. [2] B Jobe complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the disclosure of the information which identified them and their house breached their privacy. [3] In response, TVNZ advised the Authority that the item had reported the circumstances of a neighbourhood dispute, and had not disclosed any private information....

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....

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: 99/95 Decision No: 100/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M B of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

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(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…...

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...

The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....