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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – item discussing the noise levels at a speedway in Auckland – showed the names of those who had presented a petition to the Environment Court – allegedly in breach of law and order, privacy, balance and fairnessFindings Standard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to disorderly acts – not upheld Standard 3 (privacy) – signatures on a petition not private facts – not upheld Standard 4 (balance) – controversial issue – perspectives of both sides solicited in a balanced manner – not upheld Standard 6 (fairness) – subsumedThis headnote does not form part of the decision....

ComplaintSki Season – series about ski season on Treble Cone and people who worked on the ski field – complainant’s work ethic questioned on the item FindingsStandard 3, Privacy principles (i) and (iv) – no disclosure of highly offensive private facts – facts disclosed not used to abuse or ridicule – no uphold This headnote does not form part of the decision. Summary [1] The series Ski Season examined the operations of Treble Cone ski field and the people who worked there. The episode complained about dealt with the stresses at the start of the season and was broadcast on TV One at 8. 00pm on 23 July 2003. [2] Chris Strange complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item had portrayed him as an unreliable employee....

Summary [This summary does not form part of the decision. ] An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The Authority did not uphold the complaint that the broadcast breached the tenant’s privacy. By the time of this repeat broadcast in June 2013, the tenant had not lived at the property for some years, so she was not identifiable from the broadcast. Nevertheless the Authority expressed concern about the production company’s ‘usual practice’ of only notifying and obtaining consent from the landlord, and not the tenant. Not Upheld: Privacy Introduction [1] An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The programme was broadcast on 23 June 2013....

Download a PDF of Decision No. 1992-007:Gisborne Boys' High School Board of Trustees and Radio 89FM - 1992-007 PDF808. 9 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 71 /94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH HON JENNY SHIPLEY Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...

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

The Authority has not upheld a complaint about an item which reported on the road toll over Labour Weekend and showed images of an accident where a woman was hit by a truck. The Authority found the privacy, fairness, accuracy and law and order standards were not breached. The complainant alleged the driver of the truck was identified and the broadcast gave the impression they were at fault for the accident. The Authority found the item did not identify the driver of the truck nor reveal private information about them. The item did not refer to the driver, nor give the impression the truck driver was not driving safely. The item reported on what police had said were potential causes of crashes, but it was clear this was not referring to the specific incidents which had taken place over the weekend. Not Upheld: Privacy, Fairness, Accuracy, Law and Order...

Summary [This summary does not form part of the decision. ]An item on 3rd Degree reported on a Korean man X who was ousted from his local church community for his participation in a ‘mockumentary’ about North Korea. The programme included an interview with the editor of a local Korean newspaper (one of the complainants), and attempted to interview a priest from X’s church. The Authority did not uphold complaints that the story was unfair to the interviewees and breached the newspaper editor’s privacy. The programme made genuine attempts to obtain comment from the interviewees, and they were treated fairly. The newspaper editor agreed to an interview so the broadcast did not disclose any private facts about him. The story did not discuss a controversial issue which required the presentation of alternative views; it focused on one man’s personal experiences....

The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Download a PDF of Interlocutory Decision No. ID1992-001:Kilgour and QFM Radio - ID1992-001 PDF51. 02 KB...

Download a PDF of Decision No. 1993-138:Leckey and Television New Zealand Ltd - 1993-138 PDF864. 85 KB...

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989Sunday – 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 unfair Findings Standard 3 (privacy) – no identification of current owner of house – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday reported on allegations of possible improper behaviour by the police, and a cover up in relation to accusations of rape by Louise Nicholas against three policemen. It was broadcast on TV One on 21 March at 7. 30pm. [2] The item included shots of the former police house where the rapes were alleged to have occurred. A car was shown in the driveway of the house....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-100 Decision No: 1997-101 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MURRAY ARNESEN of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

Summary [This summary does not form part of the decision. ]A Close Up item focused on a New Zealand doctor who was offering an experimental stem cell treatment to people with Multiple Sclerosis. Hidden camera footage was obtained by a patient, and parts of it were broadcast in the story. The Authority upheld the complaint from the doctor that he was treated unfairly and his privacy was breached. The doctor was not given a fair opportunity to comment for the programme, his privacy was invaded through the use of a hidden camera, and, as the raw footage from the consultation was unavailable, the broadcaster could not demonstrate that the level of public interest in the footage outweighed the breach of privacy....

Summary[This summary does not form part of the decision. ]During The Devlin Radio Show, host Martin Devlin was forcefully outspoken about an abusive text message he had received from the complainant, TF. Mr Devlin read out the complainant’s mobile phone number multiple times and phoned the complainant on air while making abusive comments about them. The Authority upheld a complaint that Mr Devlin breached the complainant’s privacy. While the Authority did not condone the strongly-worded text message initially sent to Mr Devlin, Mr Devlin’s response was disproportionate and unprofessional, even in the context of the robust talkback radio environment. The complainant had a reasonable expectation of privacy in relation to their personal mobile number, and Mr Devlin’s comments amounted to a sustained and personal attack against the complainant, making use of private information to personalise the abuse and implicitly encouraging harassment of TF....

A PDF of Decision 1999-053 can be downloaded here:Loos and Television New Zealand Ltd - 1999-053 PDF185. 19 KB...

Complaint under section 8(1A) of the Broadcasting Act 1989Heartland – programme included image of the complainant – allegedly in breach of privacyFindingsStandard P9 (privacy) – complainant was identifiable but no private facts were disclosed – disclosure of the footage of him would not be highly offensive to an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast[1] A episode of Heartland called “Grey Lynn: Summer in the City” was broadcast on TVNZ Heartland at 10. 10pm on 27 November 2010, and repeated at 8am on 28 November 2010. Near the beginning of the programme, a shot of the complainant leaning out a window in his house was briefly shown. Referral to the Authority[2] Te Awhitu Ransfield lodged a direct privacy complaint with the Authority under section 8(1A) of the Broadcasting Act 1989....