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Complaint under section 8(1A) of the Broadcasting Act 1989Marcus Lush Breakfast Show – host disclosed the street address of the house where the television programme Outrageous Fortune was filmed – allegedly in breach of privacy Findings Principle 3 (privacy) – no “identifiable individual” – right to privacy attached to the individual not to the house – not upheld This headnote does not form part of the decision. Broadcast [1] During the Marcus Lush Breakfast Show, broadcast on Radio Live on the morning of 11 February 2008, the radio host discussed the lack of famous film and television set locations in New Zealand that people can visit and pay homage to. He told viewers that he had received an email informing him of the street address of the house used as the fictional West family’s residence in the television programme Outrageous Fortune. [2] At approximately 8....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-037 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SEAN N JOSEPH of Wellington Broadcaster CAPITAL FM LIMITED of Wellington J Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-144 Decision No: 1997-145 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE ALLOWAY of Auckland Broadcaster 95bFM of Auckland S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint20/20 – “In Harm’s Way” – item about actions of Child, Youth and Family Services Department – breach of law and order – breach of social workers’ privacy – breach of children’s privacy – unbalanced – inaccurate – unfairFindings Standard 2 – item did not affect “orderly and just disposition” of court cases – hand-over coverage did not glamorise or condone criminal activity – no uphold Standard 3 and Guideline 3a – social workers – Privacy Principle (i) disclosure not offensive – no uphold; Child A & B – Privacy Principle (vii) – best interests of children considered by broadcaster – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – no mandatory reporting in New Zealand – uphold on this aspect – no other inaccuracies Standard 6 – subsumed under Standard 4No OrderThis headnote does not form part of the decision....

ComplaintLocation, Location, Location – complainants attended and participated in auction – complainants claimed that they would not be filmed – shown on programme – unfair – breach of privacy FindingsStandard 6 – irreconcilable conflict of facts as to particulars of the request not to film – decline to determine Standard 3 Guideline 3a Privacy Principle iii – no intentional intrusion – no uphold This headnote does not form part of the decision. Summary [1] A couple was shown making the final bid in the auction for a house during an episode of the reality series Location, Location, Location. The bid was unsuccessful as it failed to reach the reserve. The episode was broadcast on TV One at 8. 00pm on 17 July 2002. [2] BQ and CR, the couple making the bid, complained to Television New Zealand Ltd, the broadcaster, about the item....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – reported on case of Sean Davison who faced charges for assisting his mother’s suicide – Mr Davison was shown in court and the complainant in his capacity as a Corrections Officer was briefly visible as he walked behind Mr Davison in the dock – allegedly in breach of privacy, fairness and discrimination and denigration standards FindingsStandard 3 (privacy) – complainant was identifiable – item did not disclose any private facts about the complainant – not upheld Standard 6 (fairness) – footage of complainant was extremely brief – information disclosed did not create an unfair impression of the complainant or cause damage to his reputation or dignity – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – nothing in the item encouraged discrimination or denigration against any section of the community – not upheld This headnote…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-026 Decision No: 1996-027 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SUZI ARCHER of Wellington Broadcaster PIRATE FM of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-023 Decision No: 1998-024 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J of Palmerston North Broadcaster 92. 2XS (Palmerston North) S R Maling Chairperson L M Loates R McLeod J Withers...

Summary District Court Judge Martin Beattie was acquitted on 1 August 1997 on a number of dishonesty charges after a jury trial. It was a high-profile case. On 27 July 1998, a news item revealed the contents of a High Court ruling made before the trial in which the judge had ruled inadmissible a report prepared by a QC at the request of the Chief District Court Judge in the early stages of the investigation. The item reported that the judgment disclosed the QC’s opinion that Judge Beattie was guilty of fraud. Mr Clayton complained to Television New Zealand Ltd, the broadcaster, that the QC’s opinion about the judge’s behaviour was "utterly irrelevant", and the disclosure not only breached broadcasting standards, but also invaded Judge Beattie’s privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Complaint3 News – land owners around Lake Ida put up trespass notices and take control of skating on the lake – Lake Ida Winter Sports Association accompanied by film crew breach trespass order – disrespect of law and breach of privacy. FindingsStandard G5 – disrespect for the law not encouraged – no uphold Privacy Principles – do not apply to companies – no uphold This headnote does not form part of the decision. Summary [1] A disagreement about the control of ice skating on Lake Ida between the Lake Ida Sports Association and the surrounding landowners was covered in a news item. The item, broadcast on 3 News on 26 July 2001 beginning at 6. 00pm, included footage of a trespass notice....

Summary [This summary does not form part of the decision. ]An item on Fair Go investigated a Christchurch roofer who had failed to complete a number of jobs for which he had already taken payment from customers. The roofer was interviewed on his doorstep, and explained he had mental health issues. The Authority did not uphold the complaint that the item breached the man’s privacy because it revealed his mental health status. The roofer willingly discussed his mental health with the reporter, including on camera, as part of his explanation in response to the customers’ claims, so he could not reasonably expect that information would remain private. Not Upheld: Privacy Introduction[1] An item on Fair Go investigated a Christchurch roofer who had failed to complete a number of jobs for which he had already taken payment from customers....

ComplaintHolmes – sensitive information about two women found on second-hand computer hard drive – women able to be identified – breach of women’s privacy FindingsSection 4(1)(c) – Complaints of FL, Mr Elliott and Mr Herrmann – upheld; Ms MacDonald’s complaint – one aspect upheld by broadcaster; one aspect subsumed under Standard G4 Orders(1) Broadcast of statement(2) $5,000 compensation to each of the women whose privacy was breached(3) $2,500 costs to the Crown Cross-reference: 2002-071–072 This headnote does not form part of the decision. Summary [1] An item broadcast on Holmes on TV One at 7. 00pm on 21 May 2001 reported on sensitive information about two women which had been found on a second-hand computer hard drive. Excerpts from the interviews with the two women were included in the broadcast. [2] FL, one of the women concerned, complained to the Broadcasting Standards Authority under s....

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....

Summary[This summary does not form part of the decision. ]A 1 News item reported on an incident involving All Black Aaron Smith. Two witnesses claimed that while on official All Black business, Mr Smith used a disabled toilet in Christchurch Airport for a ‘sexual encounter’ with a woman who was not his partner. The item briefly showed a photo of Mr Smith and his partner. The Authority did not uphold a complaint that the item breached Mr Smith’s partner’s privacy. Information about her identity and her relationship to Mr Smith was publicly known and had already been the subject of widespread media coverage in relation to the incident prior to the broadcast. This was therefore not information over which she had a reasonable expectation of privacy. The 1 News item also disclosed less information about Mr Smith’s partner than other media outlets had already disclosed....

Complaint under section 8(1A) of the Broadcasting Act 1989Willie and JT – host broadcast listener’s email address and said “send him an email” – allegedly in breach of privacy FindingsStandard 3 (privacy) – privacy principle 4 applies to email addresses – personal email address is also a private fact under privacy principle 1 – however host’s disclosure of email would not be highly offensive to an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] During the Willie and JT programme, broadcast on Radio Live on the afternoon of 22 October 2010, one of the hosts read out an email from a listener in response to the hosts’ discussion about union action over the film The Hobbit. After reading out the email, which strongly disagreed with the host’s opinion, the host said: . . . That’s from [listener’s full name]....

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item looked at “cheap lunches for kids” as part of series on child poverty – reporter interviewed children on their way to school and asked them what they had for breakfast and lunch – children were obscured by traffic, and had their faces and in some cases their clothing pixellated – footage allegedly in breach of children’s privacy FindingsStandard 3 (privacy) – children were not identifiable and so footage did not breach their privacy – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live was introduced as follows: Amongst the thousands of responses we have had to our series on child poverty, perhaps the question most often asked is, “What are the parents doing?...

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....