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Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about two episodes from the second season of British dating game show, Naked Attraction, broadcast on TVNZ 2 at 9. 30pm on Friday 27 July 2018 and Friday 3 August 2018. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. The complaints alleged these episodes of Naked Attraction contained a high level of full-frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme was degrading and breached the privacy of the participants....

The Authority has not upheld a complaint that a discussion on Callum & P breached the privacy of a person interviewed on-air by disclosing their COVID-19 vaccination status. The Authority found the interviewee was a willing participant in the disclosure of her vaccination status. On this basis the broadcast did not breach the privacy standard. Not Upheld: Privacy...

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...

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....

The Authority did not uphold a complaint about an item on Nine to Noon with Kathryn Ryan that featured interviews with National Secretary of the New Zealand Professional Firefighters Union, Wattie Watson, and previous board member of the United Fire Brigades' Association (UFBA), Judith Stanley, about the handling of complaints by UFBA, and an investigation into its chief executive, Bill Butzbach, citing allegations made against him, and the board’s chair, Richie Smith. The complaint was that the item breached the balance, accuracy, privacy and fairness standards on the basis it gave undue prominence to the ‘ill-informed’ views of those with a vested interest in discrediting the UFBA, and did not present the views of the UFBA and facts provided by it until the very end. The Authority found the item achieved balance and fairness by giving the UFBA a reasonable opportunity to respond, and including its statement....

The majority of the Authority has not upheld a privacy complaint about an item on Asliyat responding to petitions made in opposition to Radio Virsa staff, in relation to Gurdwara management and the sale of a Gurdwara property. The host called into question the righteousness of the petitioners as Sikhs, including the complainant’s son, who the host identified as someone at the centre of a family scandal (which included issues of drug addiction and allegations of theft and other ‘bad things’). The complainant submitted the broadcast identified his son and disclosed private information in a way that was highly offensive and damaging to the reputation of his son and son’s family. Based on the information disclosed, the majority of the Authority found the complainant’s son was not identifiable beyond family and close friends who would reasonably be expected to know about the matter dealt with in the broadcast....

The Authority has upheld a complaint about two broadcasts on Humm FM, finding that the complainant was treated unfairly. The Authority found that comments made by the host during the broadcasts were likely to reflect negatively on the complainant and to impact on his personal and professional reputation. As the complainant was adversely affected, he should have been given an opportunity under the fairness standard to respond to the comments made about him. The Authority emphasised that the right to broadcast carries with it privileges and responsibilities, and in this case the host used his platform to air his personal grievances against the complainant without giving him an opportunity to comment, which was unfair....

SummaryBirthday calls broadcast by 1XX in Whakatane on the morning of 7 April 1999 included one to BB who, it was said, was 50 on Saturday. The call included the comment that she was to be reunited on that day with her son whom she had given up for adoption 30 years ago. BB complained to Radio Bay of Plenty Ltd, the broadcaster of 1XX, that this incorrect statement was offensive and an invasion of her privacy. Explaining that an apology had been broadcast on 8 April and that a complaint had been made by the broadcaster to the police, Mr Glenn Smith, the broadcaster's Managing Director, apologised for the distress caused by the broadcast. Dissatisfied with the broadcaster’s decision, BB referred her complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item featured a man who had deliberately driven his car into the reception of the IRD’s Christchurch building following an employment dispute – reporter stated that “he describes himself as a paranoid and a depressive” – allegedly in breach of privacy FindingsStandard 3 (privacy) – person’s mental health status normally considered a private fact – interviewee disclosed fact to reporter – no reasonable expectation of privacy – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 19 August 2009, reported that a man had deliberately driven his car through three glass doors into the reception of the IRD’s offices in Christchurch....

Complaint under section 8(1A) of the Broadcasting Act 19893 News – item on “Chloe of Wainuiomata” receiving diversion for shoplifting – allegedly in breach of privacy Findings Standard 3 (privacy) – private facts disclosed were in the public arena – not upheld (This headnote does not form part of the decision. ) Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 30 April 2008, reported that Chloe, a woman who gained notoriety in a 1990s television programme and who was nicknamed “Chloe from Wainuiomata”, had been charged with shoplifting. During the item, the presenter stated: Chloe, whose slippers made her a 90s celebrity, has been charged with shoplifting. The court heard that Chloe, formally of Wainuiomata, tried to steal twenty three dollars and sixty four cents worth of pet care products from a Napier supermarket....

Chair Joanne Morris declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reported on the use of anti-depressants – excerpts from a radio talkback show were used in the item – two excerpts involved the complainant discussing her use of anti-depressant drugs – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) – complainant not identifiable in the item – item did not disclose any private facts – not upheld This headnote does not form part of the decision. Broadcast [1] An item on the 20/20 programme, broadcast on TV2 at 9. 30pm on 30 August 2007, examined the use of the anti-depressant drug Aropax and the difficulty some people had experienced when trying to stop using it. The item included excerpts from a radio talkback discussion concerning the use of anti-depressants....

ComplaintThe Rock – a number of complaints – breach of privacy – using the airwaves to ridicule and denigrate – unfair – unjust Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) s. 4(1)(c) – privacy – no identification – no uphold (3) Principle 5 – 6 December broadcast – no uphold11 December broadcast (6. 19am) – threatening and intimidatory – uphold11 December broadcast (8. 35am) – suggesting someone has mental problems unfair – uphold12 December broadcast (6. 22am) – no uphold12 December broadcast (6. 54am) – no uphold13 December broadcast – abusive and threatening – uphold20 December broadcast – no uphold7 January broadcast – no uphold Orders(1) Broadcast of statement(2) $250 reimbursement of reasonable legal costs and expenses This headnote does not form part of the decision. Summary [1] R K Watkins complained to the Broadcasting Standards Authority under s....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item reported on high profile immigration case involving Chinese millionaire William Yan – disclosed Mr Yan’s address and showed footage of Mr Yan’s business assistant in the lobby of the apartment building where Mr Yan lived – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – Mr Yan’s address was not disclosed for the purposes of encouraging harassment as envisaged by privacy principle 4 – no evidence that harassment resulted from the disclosure – apartment building lobby was accessible to the public so neither Mr Yan nor his business assistant had a reasonable expectation of privacy there – item did not breach the privacy of Mr Yan or his business assistant – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]A documentary series Inconceivable followed the fertility struggles of eight New Zealand couples over the course of two years. During this episode, one of the couples went to the doctor for a blood test. Contact details on the test documentation were briefly shown, including the woman’s full name and her mobile number, and the couple’s home phone number and partial street address. The Authority did not uphold a complaint that this breached the couple’s privacy. The broadcaster advised that the couple reviewed the episode prior to screening and gave their full and informed consent for it to be broadcast. The shot in question was very brief, such that many viewers would likely have overlooked the level of detail shown....

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants....

The Authority has accepted jurisdiction to consider a complaint under the privacy standard made by the Privacy Commissioner. The Authority found the Privacy Commissioner had standing to make the complaint under the Broadcasting Act 1989. It also found it is capable of considering the complaint on its merits and would not be subject to undue influence or bias as a result of the complainant’s status. Finally, it agreed the complaint raised some matters outside the scope of the complaints process and, in accordance with its usual procedures, such matters would not be considered. Accepted Jurisdiction...

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-030 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...