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The Authority has upheld part of a complaint about satirical comedy series, James Must-a-pic His Mum a Man, finding it was unfair to the complainant, James Mustapic’s father, and action taken by the broadcaster (having upheld two aspects of the fairness complaint) was not sufficient to remedy potential harm to the complainant. Comments were made throughout the series which the Authority found created a negative impression of James’ father and had the potential to adversely affect him and his reputation – meaning the broadcaster should, in the interests of fairness, have informed him of the nature of the programme and his participation prior to broadcast....

The Authority has not upheld a complaint an item on 1 News breached the complainant and her grandchild’s privacy. The item, which reported on the implications of GP shortages in Northland, included footage of the complainant and her grandchild (who was in a moonboot with crutches) leaving a medical centre, and of them in the waiting room. The Authority acknowledged the sensitive nature of health information and encouraged broadcasters to obtain the consent of persons filmed in a medical centre (particularly where children are involved). However, the Authority found there was no reasonable expectation of privacy in the particular facts disclosed (being attendance at a medical centre) noting the complainant was initially depicted outside the centre, from a public footpath, where there was no expectation of privacy. No additional information was disclosed by the subsequent footage from within the waiting room. Not Upheld: Privacy...

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(1A) of the Broadcasting Act 1989Spectrum – reported on The Nelson Ark APART programme – presenter interviewed graduates, including a young woman, about their involvement in the programme – woman was asked about her background and how she came to be on the programme – allegedly in breach of her privacy FindingsStandard 3 (privacy) – woman was not identifiable for the purposes of the privacy standard – woman did not say she was raped, as alleged – no private facts were disclosed in a manner that would be considered highly offensive – high value speech – not upheld This headnote does not form part of the decision. Introduction [1] An item on Spectrum reported on The Nelson Ark APART programme, an eight-week dog training course designed to teach young people discipline, compassion and tolerance through empathy....

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

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 146/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J G CHAMBERS of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reporter allegedly made the comment “a line of fools” – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) and Standard 3 (privacy) – material complained about not in broadcasts identified by complainant – decline to determine under section 11(b) of the Broadcasting Act 1989 No Order This headnote does not form part of the decision. Broadcast [1] Episodes of One News were broadcast on TV One at 6pm on 19 and 20 October 2010. Complaint [2] P David J Cooke complained to Television New Zealand Ltd, the broadcaster, alleging that, during a news item, reporter Miriama Kamo had referred to a group of people as “a line of fools”....

The Authority has not upheld a complaint concerning a Sunday investigation report looking into issues with emergency housing in Rotorua, and a follow-up item on 1 News. The majority of the Sunday broadcast focused on allegations against the largest contracted emergency housing provider in Rotorua, Visions of a Helping Hand (Visions), and its contracted security company Tigers Express Security Ltd – both led by CEO/Director Tiny Deane. Visions complained the broadcast was unbalanced, misleading, and unfair to Visions, Tigers Express Security and Deane. Noting the very high public interest and value in the story overall, the Authority found most of Visions’ concerns with the broadcast could have been addressed had it provided a substantive response to the reporter on the issues raised – who had made numerous attempts over more than a month to obtain comment from Visions and Deane....

Warning: This decision discusses issues of sexual abuse of children and suicide. The Authority has not upheld a complaint that documentary 1 Special: The Lost Boys of Dilworth was inaccurate by not mentioning the denomination or titles of school chaplains involved in sexual abuse of students, or a complaint that the inclusion of re-enactments of memories of survivors re-traumatised victims of abuse, promoted sexual offending against children, breached privacy and was unfair to child actors involved. The Authority found that omission to mention the denomination or title of chaplains would not have materially altered the audience’s understanding of the documentary. The Authority also found that the inclusion of re-enactments did not breach the standards nominated, noting in particular that audience members (including survivors of abuse) were given appropriate information to make informed viewing decisions, no re-enactment depicted sexual violence and the offending of paedophiles was condemned throughout....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-113 Decision No: 1996-114 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A S and J A BAKER of Mt Maunganui Broadcaster MIX 100 FM (Tauranga) Energy Enterprises Ltd J M Potter Chairperson L M Loates R McLeod A Martin...

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....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

Summary[This summary does not form part of the decision. ]An item on Story explored the issue of unconscious bias. During the introduction, footage of members of the public walking down the street was shown. Each individual was zoomed in and highlighted with special effects. The Authority upheld a complaint from JW, one of the individuals shown, that she was unfairly ‘showcased’ during the segment. Rather than being a face in the crowd, the edited footage used filming techniques that singled out the complainant and drew her into the issue under discussion without her knowledge or consent. This unduly impacted on her dignity and was unfair. The Authority recognised that bias is a sensitive issue and has the potential to cause hurt and offence. It is also an important social issue....

ComplaintOne News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into grief of the complainant and her family FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief took place – but valid news item and item did not include gratuitous detail – no uphold This headnote does not form part of the decision. Summary [1] The complainant, a New Zealand woman, was the victim of a rape and other serious violent offences in the United States....

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item reported on disabled boy who was left alone on a school bus for four-and-a-half hours – included interview with manager of the bus company responsible – allegedly in breach of privacy FindingsStandard 3 (privacy) – complainant was identifiable but item did not disclose any private facts about the complainant in a manner that would be considered highly offensive – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live, broadcast on TV3 on 8 March 2012, reported on a disabled boy who was left alone on a school bus for four-and-a-half hours. The item included interview footage of the manager of Kawerau Coaches, the bus company responsible. The manager was not named and her face was pixellated....

Summary [This summary does not form part of the decision. ]Fair Go reported on an elderly man who had difficulties with his dentures and explored his legal rights. The Authority declined to uphold a complaint from the dentist who made the dentures, finding that he was only identifiable to a very limited group of people, no private facts were disclosed about him and the disclosure was not highly offensive as he was not portrayed in an overly negative light. Not Upheld: Fairness, Privacy, Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Fair Go discussed the case of an elderly man, X, who complained of difficulties with his new dentures. [2] X's dentist, DD, complained that the item reflected negatively on his dental practice and the services offered to X, which breached his privacy and was unfair....

Summary[This summary does not form part of the decision. ]On 13 March 2018, an item on Newshub reported on allegations of sexual assault and harassment at a Young Labour camp. The item included photos of the camp attendees, sourced from public social media accounts, with no masking or blurring. The Authority upheld a direct privacy complaint from IY, who was featured in the photos, that this item breached their privacy. The Authority noted the value of the broadcast in reporting on the response of the Labour Party to the allegations, but emphasised the high level of potential harm that could be caused to the individuals involved....

The Authority has not upheld a direct privacy complaint regarding a 1 News item reporting on Kamahl Santamaria’s resignation from Breakfast, where it was stated that ‘allegations of inappropriate behaviour have surfaced’ (reported earlier that day by Stuff). The Authority found Santamaria did not have a reasonable expectation of privacy in relation to the information reported, and the item carried high public interest. Not Upheld: Privacy...