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Decisions
Baxter and MediaWorks TV Ltd - 2016-013 (12 May 2016)
2016-013

Summary[This summary does not form part of the decision. ]Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The Authority did not uphold a complaint that the item breached the privacy of grieving families attending the memorial service. Families in attendance at the memorial generally cannot be considered under the privacy standard, which is concerned with identifiable individuals. In any case, the coverage was duly sensitive and respectful, was not overly intrusive and did not focus on any particular individuals at length. Not Upheld: PrivacyIntroduction[1] Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The item included footage of attendees at the memorial service. [2] Iain Baxter complained that the item breached the privacy of grieving families who attended the memorial service....

Decisions
Cave and MediaWorks TV Ltd - 2015-026
2015-026

Summary[This summary does not form part of the decision. ]An item on Campbell Live sought to investigate allegations of misconduct within Gloriavale Christian Community. A reporter and a cameraman visited Gloriavale and spoke to two senior members of the community. The Authority did not uphold a complaint that the broadcast breached these men's privacy. While the circumstances of the filming may have amounted to 'prying', the broadcast did not disclose any private information about the men in a manner that was highly offensive. Not Upheld: Privacy Introduction[1] An item on Campbell Live sought to investigate allegations of misconduct within the Gloriavale Christian Community. A reporter and a cameraman visited the community and spoke to two senior members, Fervent Stedfast and Howard Temple, at the entrance to the community's office. Footage and audio of the conversation was broadcast....

Decisions
Shields, Fulham, de Hart, Cameron and Cotter and TV Network Services Ltd - 1999-ID001–ID008
1999-ID001–008

Download a PDF of this interlocutory decision:Interlocutory Decision 1999-ID001–ID008 PDF185. 96 kB...

Decisions
Francis, Gouge and Thompson and TVWorks Ltd - 2011-104
2011-104

Complaints under section 8(1B)(b)(i) and section 8(1C) of the Broadcasting Act 1989Campbell Live – items reported on controversial comments made by the CE of the EMA that some female workers are less productive because they take sick leave when they are menstruating – interviewed CE and portion of the interview broadcast – included sarcastic comments and caricature of CE singing – panel discussed comments – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – interview footage provided a fair summary of Mr Thompson’s character and conduct – was not necessary in the interests of fairness to broadcast the full interview – items not unfair to Mr Thompson, given his position as a public figure and that the comments reported on were made during a political discussion in the public arena – not upheld by majority Standard 5 (accuracy) – items accurately reflected Mr Thompson’s behaviour in…...

Decisions
Irwin and Television New Zealand Ltd - 2002-095
2002-095

ComplaintUnsolved – examined murder and rape of Alicia O’Reilly in 1980 – disclosed address where crimes occurred – breach of privacy of present owners FindingsPrivacy – no highly offensive private facts disclosed – no intrusion – no uphold This headnote does not form part of the decision. Summary [1] The series Unsolved examined serious crimes which have not been solved. The murder and rape of six-year-old Alicia O’Reilly was the unsolved crime dealt with in the episode broadcast at 8. 00pm on TV One on 13 May 2002. The programme included the name of the street and the number of the house where the crimes occurred, and included visuals of the house. [2] Explaining that she and her husband were the current owners of the house, Carol Irwin complained to the Broadcasting Standards Authority under s....

Decisions
Lateef and Apna Networks Ltd - 2010-129
2010-129

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – Pakistan Flood Appeal Talkathon – caller allegedly referred to the complainant and his wife – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 3 (privacy), Standard 5 (accuracy) and Standard 6 (fairness) – recording of broadcast in Hindi and translation incomplete – decline to determine under section 11(b) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast[1] At approximately 7. 30pm on APNA 990 on 26 August 2010, the radio host spoke to a caller during a Pakistan Flood Appeal Talkathon. The caller commented to the effect that his neighbours had “run away”. Complaint[2] Moh Lateef made a formal complaint to APNA Networks Ltd, the broadcaster, alleging that the caller was referring to him and his wife, as they lived on the same street as the caller....

Decisions
JJ and Television New Zealand Ltd - 1999-170
1999-170

Summary The re-capture of escaped prisoner Jeffrey Michael Bullock was dealt with in an item on One Network News broadcast at 6. 00pm on 14 June 1999. Mr Bullock, a convicted murderer, was re-captured after six years on the run, and the item included an interview with his father and ten year-old son. JJ, the mother of the ten year-old boy, complained directly to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act 1989, that the broadcast had breached her son’s privacy. She had not given her consent to the interview, she said, and she advised that she would have objected strongly had she been asked. She described TVNZ’s actions as inexcusable. Pointing out that the boy had been visiting his grandfather, and that both the grandfather and the boy had consented fully to the interview, TVNZ did not consider that the broadcast breached the boy’s privacy....

Decisions
The New Zealand Woman and Television New Zealand Ltd - 2002-016, 2002-017
2002-016–017

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....

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
Keating and Television New Zealand Ltd - 2008-009
2008-009

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

Decisions
Gardner, Phillips and Smith and TVWorks Ltd - 2012-018
2012-018

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Decisions
Dr Z and Television New Zealand Ltd - 2012-074
2012-074

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....

Decisions
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Decisions
Smits and Television New Zealand Ltd - 1998-005, 1998-006
1998-005–006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-005 Decision No: 1998-006 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Bowen and Television New Zealand Ltd - 1997-032
1997-032

BROADCASTING STANDARDS AUTHORITY Decision No: 1997-032 Dated the 10th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J R BOWEN of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
LK and Television New Zealand Ltd - 2009-090
2009-090

Complaint under section 8(1A) of the Broadcasting Act 1989Real Crime: The Investigator – programme analysed the conviction of a man for murdering his wife – disclosed the names and showed photographs of the man’s daughters – allegedly in breach of privacy FindingsStandard 3 (privacy) – programme did not disclose any private facts – information already in the public realm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Real Crime: The Investigator was broadcast on TV One at 9. 30pm on 8 July 2009. The investigator, Bryan Bruce, took an in-depth look at the case of a man who was convicted of murdering his wife in 2001. [2] During the programme, the first names of the man’s daughters were disclosed and a photograph of the man and his two daughters was displayed by the investigator on his evidence board....

Decisions
Parlane and Radio New Zealand Ltd - 2019-075 (4 February 2020)
2019-075

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...

Decisions
Joseph and Capital FM Ltd - 1996-037
1996-037

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...

Decisions
Dale and Fifeshire FM Broadcasters Ltd - 1996-158, 1996-159
1996-158–159

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-158 Decision No: 1996-159 Dated the 21st day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R DALE of Nelson Broadcaster FIFESHIRE FM BROADCASTERS LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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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