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Decisions
Jansen and Television New Zealand Ltd - 2004-090, 2004-091
2004-090–091

Complaints under section 8(1)(c) of the Broadcasting Act 1989Holmes – item about person flying New Zealand flag at home in dispute with neighbours – complainants who are neighbours named and their home shown – complainants have long history of community service – private facts disclosed – alleged breach of privacy Findings Standard 3 (Privacy) Privacy Principles (i), (iii), (iv), and (v) – dispute about flag had been heard in the District Court – accordingly not private – not upheld This headnote does not form part of the decision. Broadcast [1] A dispute between Mr Brian McGinty of Orewa and his neighbours, including Sir Ross and Lady Jansen, was dealt with in an item broadcast on Holmes on TV One on 18 March 2004 beginning at 7. 00pm. The dispute was about Mr McGinty’s neighbours objecting to his desire to fly a New Zealand flag on his property....

Decisions
Morrison & New Homes Direct Ltd and Television New Zealand Ltd - 2021-150 (31 August 2022)
2021-150

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

Decisions
Clarke and 4 Others and RadioWorks Ltd - 2010-068
2010-068

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Decisions
TD and MediaWorks TV Ltd - 2014-048
2014-048

Summary [This summary does not form part of the decision. ] An item on 3rd Degree reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of the complainant working in a strip club, serving drinks and talking to customers. The Authority upheld her complaint that this breached her privacy, as she had not consented to appearing 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 reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of female employees in their strip clubs dancing, serving drinks and talking to customers. The programme aired on TV3 on 9 April 2014....

Decisions
Archer and Pirate FM - 1994-056
1994-056

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 56/94 Dated the 26th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by S. ARCHER of Wellington Broadcaster PIRATE FM of Wellington I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
MB and Radio New Zealand Ltd - 1995-099, 1995-100
1995-099–100

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...

Decisions
Hope and Television New Zealand Ltd - 1999-237
1999-237

Summary Footage of a man confessing, in a police interview room, to having murdered his daughter was included in a 60 Minutes item broadcast on TV One on 3 October 1999, beginning at 7. 30pm. The man subsequently killed himself. The Hope family, who are related to the man and his daughter, complained to the Broadcasting Standards Authority that the broadcast was an invasion of their privacy and had caused "an immense amount of distress and heartache" for the family. Their major concern, they wrote, was how the broadcaster had managed to obtain the tape of the confession when that was the property of the police....

Decisions
Crowley and Television New Zealand Ltd - 2000-139
2000-139

ComplaintHolmes – interview with Parekura Horomia – comments made during filming break – broadcast of private conversation – breach of privacy FindingsPrivacy – Privacy Principle (iii) – intentional interference with Mr Horomia's interest in solitude or seclusion – offensive – no consent – insufficient public interest – uphold This headnote does not form part of the decision. Summary An interview with the Minister of Maori Affairs designate, Parekura Horomia, was broadcast on Holmes on TV One at 7. 00pm on 24 July 2000. In an addendum to the interview, viewers heard a recording of comments made by Mr Horomia during a filming break about his distrust of the media. Jo Crowley complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached Mr Horomia's privacy....

Decisions
Nugent and TVWorks Ltd - 2009-070
2009-070

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....

Decisions
Russek and Television New Zealand Ltd - 2007-016
2007-016

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about the disappearance of a six year old boy who had allegedly been kidnapped by his maternal grandfather – acting on an anonymous tip, reporter went to a remote farm and filmed an interview with the property owner – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) – broadcasting footage of complainant filmed on private property without his knowledge amounted to a breach of privacy principle 3 – no public interest in broadcasting the footage – upheld Standard 6 (fairness) – programme did not leave a negative impression of complainant – not unfair – not upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,000 Section 16(1) – payment of costs to the complainant $574....

Decisions
Copland and Television New Zealand Ltd - 2004-179
2004-179

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News – video footage of Mr Kenneth Bigley, a British hostage in Iraq, shackled in a cage pleading for help from the British Government – alleged breach of privacyFindings Standard 3 (Privacy) and Guideline 3a – broadcast was in the public interest – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on One News at 6pm on 30 September 2004 showed video footage of Mr Kenneth Bigley, a British hostage in Iraq. The video showed Mr Bigley shackled in a cage pleading for help from the British Government. [2] The introduction to the piece indicated that the British Prime Minister, Tony Blair, had shifted position slightly and hinted that some contact with the hostage takers might be attempted. Complaint [3] J M Copland complained directly to the Broadcasting Standards Authority under s....

Decisions
Penrice and Television New Zealand Ltd - 2003-035
2003-035

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....

Decisions
CC and DD and TV3 Network Services Ltd - 1999-055, 1999-056, 1999-057
1999-055–057

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

Decisions
CC and TV3 Network Services Ltd - 1997-159
1997-159

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-159 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C C of Queenstown Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Steadman and Television New Zealand Ltd - 2004-189
2004-189

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

Decisions
Young and Canwest TVWorks Ltd - 2006-084
2006-084

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....

Decisions
Gough and Television New Zealand Ltd - 2012-095
2012-095

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....

Decisions
BB and TV3 Network Services Ltd - 2001-121
2001-121

Complaint Babies – documentary about 47-year-old woman having fifth child – first child when aged 18 – adopted at birth – adopted child shown and first name given – consent not given to broadcast the material – breach of privacy of child – complaint upheld – material objected to edited out in case of rebroadcast – action taken insufficient FindingsAction taken insufficient – $500 compensation This headnote does not form part of the decision. Summary The episode of Babies broadcast on 28 June 2001 told the story of "Maggie" who was having a child at the age of 47 years of age. The programme said that Maggie first gave birth when aged 18 and unmarried. It reported that the child was adopted out and included visuals of the child (as a young woman), gave her first name and said that she, too, had had a child....

Decisions
Wallace and TV3 Network Services Ltd - 1999-068–1999-073
1999-068–073

SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

Decisions
McDowall and Television New Zealand Ltd - 2000-164
2000-164

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....

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