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Decisions
Richard-Howes and Wilson and Television New Zealand Ltd - 2011-019
2011-019

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
IG and Radio Tarana - 2012-088
2012-088

Complaint under section 8(1A) of the Broadcasting Act 1989Tarana Drive Time Chit Chat Show – talkback programme contained discussion about “promiscuous characters” – host made comments about complainant’s Facebook messages – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – comments were general only and did not contain reference to sufficient identifying features for the purposes of the privacy standard – it was unlikely the complainant was identifiable beyond those who knew about her private Facebook messages, so the comments did not breach her privacy – not upheld This headnote does not form part of the decision. Introduction [1] Tarana Drive Time Chit Chat Show, a talkback programme broadcast in Hindi, contained a discussion about “promiscuous characters”, with the host inviting listeners to call in and give their views of, “Who is more flirty, girls or boys?...

Decisions
Smyth and Television New Zealand Ltd - 2014-065
2014-065

Summary [This summary does not form part of the decision. ]An episode of Seven Sharp reported on alleged ‘cat killers’ in Raglan. The Authority did not uphold the complaint that the item breached the privacy of the child of the alleged cat killers. The accused were not named, shown, or otherwise identified in the item, so no individual, and specifically the child, could be linked to them, meaning the child was not ‘identifiable’ for the purposes of the privacy standard. Not Upheld: Privacy Introduction[1] An episode of Seven Sharp reported on alleged ‘cat killers’ in Raglan after 30 cats went missing in past the year. A reporter travelled to Raglan and interviewed a local filmmaker who recently released a short documentary that aimed ‘to find out why it was happening and who was behind it’....

Decisions
Rickard and Television New Zealand Ltd - 2016-098 (19 April 2017)
2016-098

Summary[This summary does not form part of the decision. ]An item on 1 News reported on a fatal bus crash that occurred south of Gisborne on Christmas Eve in 2016. The bus was carrying students and teachers from a visiting Tongan school band. The item featured photos, sourced from a public Facebook page for the Tongan community, of some of the injured passengers in hospital. The Authority upheld a complaint that the broadcast breached the injured passengers’ privacy. While the photos were in the public domain, those featured did not consent to their images appearing in the news item. As injured patients receiving medical care, they were in a particularly vulnerable position....

Decisions
Watkins and Radio New Zealand Ltd - 2022-135 (22 March 2023)
2022-135

The Authority has not upheld a direct privacy complaint about an interview on Morning Report following the stabbing of an Auckland dairy worker. The interviewee (the local Neighbourhood Support Coordinator) speculated about who the victim could be and gave information about the living arrangements of the family who operated the dairy. The Authority did not find any breach of the privacy standard in relation to the victim’s family, on the basis the information disclosed did not attract a reasonable expectation of privacy. It noted in any event that the identity of the victim was officially confirmed soon after, and reporting on the circumstances surrounding the stabbing carried high public interest. Not Upheld: Privacy...

Decisions
McArthur and Radio New Zealand Ltd - 2024-057 (14 October 2024)
2024-057

The Authority has not upheld a complaint that an item on RNZ’s 9am news bulletin about an electricity shortage in New Zealand breached multiple standards. The complaint focused on the broadcast’s allegedly inappropriate use of terms such as energy, fossil fuels, power and electricity and the omission of contextual information. In the context of the news bulletin, the Authority found RNZ’s audience was unlikely to be misled. Accordingly, the accuracy standard was not breached. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
SL and Television New Zealand Ltd - 2000-178
2000-178

ComplaintPrivate Investigators – item on alleged employee theft – police diversion – privacy – identificationFindings(1) Privacy – majority finding that complainant identified – no private facts revealed – police diversion scheme does not provide anonymity – no uphold This headnote does not form part of the decision. Summary An episode of Private Investigators was broadcast on TV One at 7. 30pm on 4 July 2000. Private Investigators is a series about the activities of private investigators in New Zealand. SL, through her lawyer, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast had breached her privacy. The programme had included an item about alleged employee theft at an Auckland delicatessen....

Decisions
Johnsson and TVWorks Ltd - 2010-013
2010-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on a police officer who had been dragged under a stolen patrol car – stated that the officer was the first police officer in New Zealand to undergo a sex change and was now a transsexual – allegedly in breach of privacy Findings Standard 3 (privacy) – information about the officer’s sex change was in the public domain – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Friday 15 January 2010, reported that a police officer had been dragged under a stolen patrol car which had been taken by a drunk driver from a police checkpoint in Christchurch....

Decisions
Tashkoff and Television New Zealand Ltd - 2009-095
2009-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Illegal New Zealand – episode looked at the illegal trading of guns in New Zealand – reporter used hidden camera to record footage at a gun show in Auckland – footage included conversation between the undercover reporter and complainant – complainant’s face not pixellated – allegedly in breach of privacy, controversial issues and fairness standards Findings Standard 6 (fairness) – unfairly presented complainant in a negative light – upheld Standard 3 (privacy) – complainant had no interest in solitude or seclusion – not upheld Standard 4 (controversial issues viewpoints) – programme did not discuss a controversial issue of public importance – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of Illegal New Zealand was broadcast on TV2 at 8pm on Thursday 9 July 2009....

Decisions
Halliwell and Television New Zealand Ltd - 1998-076, 1998-077
1998-076–077

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-076 Decision No: 1998-077 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALICE HALLIWELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
McDonagh and Television New Zealand Ltd - 1997-007
1997-007

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-007 Dated the 13th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J and J McDONAGH of Masterton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Turner and Television New Zealand Ltd - 2004-188
2004-188

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – repeat screening of an episode showing a family who had been apprehended by Fisheries Officers for infringing the fishing regulations – allegedly breached the privacy of the familyFindings Standard 3 (privacy) and Guideline 3a – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat broadcast of an episode of Coastwatch screened on TV One at 1pm on 3 October 2004. Coastwatch is a reality series which follows the activities of various law enforcement officers who patrol the coastline. The original episode had screened at 8pm on 15 March 2004. [2] The broadcast showed a family who had been apprehended by Fisheries Officers for taking more cockles from the beach than permitted by law....

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
BB and TV3 Network Services Ltd - 2001-121
2001-121

Complaint Babies – documentary about 47-year-old woman having fifth child – first child when aged 18 – adopted at birth – adopted child shown and first name given – consent not given to broadcast the material – breach of privacy of child – complaint upheld – material objected to edited out in case of rebroadcast – action taken insufficient FindingsAction taken insufficient – $500 compensation This headnote does not form part of the decision. Summary The episode of Babies broadcast on 28 June 2001 told the story of "Maggie" who was having a child at the age of 47 years of age. The programme said that Maggie first gave birth when aged 18 and unmarried. It reported that the child was adopted out and included visuals of the child (as a young woman), gave her first name and said that she, too, had had a child....

Decisions
B and The RadioWorks Ltd - 2002-144, 2002-145
2002-144–145

ComplaintMore FM – radio competition – disclosure of work-place – unfair – breach of privacyFindingsPrinciple 3 Guideline 3a – Privacy Principle (v) – complainant’s work-place private information – uphold – apology to complainant sufficientPrinciple 5 – broadcaster upheld complaint – action taken sufficientNo OrderThis headnote does not form part of the decision. Summary[1] On 10 May 2002, B entered a radio competition on More FM in Dunedin. B’s work-place details were broadcast, after he had specifically stated that he did not want his work-place disclosed on-air. [2] B complained to More FM, the broadcaster, that the broadcast breached his privacy and was a "blatant and deceitful" breach of the requirement that broadcasters deal justly and fairly with any person taking part in a broadcast. He also complained directly to the Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the same broadcast had breached his privacy....

Decisions
GL and MediaWorks TV Ltd - 2018-002 (24 August 2018)
2018-002

Summary [This summary does not form part of the decision. ] An item on Newshub reported on ‘cash for job’ work scams in New Zealand. The reporter described the experiences of one worker, who alleged he had been exploited by his employer and told to pay $30,000 for his job as a technician at an internet café. GL, who was named and whose photo was shown during the item, was said to have ‘demanded’ $15,000 from the worker as part of the scam. GL complained that the item was inaccurate and unfair, because he did not demand or receive any payment from the worker and he was not given a fair opportunity to respond to the allegations made against him....

Decisions
Foster and RDU 98.5FM Limited - 2021-035 (11 August 2021)
2021-035

The Authority has declined to determine a complaint that a hip hop song contained racial slurs (including the n-word). The Authority noted the broadcaster apologised to the complainant for the offence caused and removed the song from its playlist. The Authority considered this action was sufficient and, in all the circumstances, it was not necessary to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Privacy...

Decisions
Earnshaw and Television New Zealand Ltd - 1994-034, 1994-035
1994-034–035

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
S and Radio Pacific Ltd - 1996-003
1996-003

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...

Decisions
RR and TV3 Network Services Ltd - 1999-076, 1999-077
1999-076–077

SummaryEmergency Heroes is a series which features the police and other emergency services responding to actual incidents. The response by a police patrol to a threat from a woman to commit suicide by jumping from a building was dealt with during an item in an episode broadcast on TV3 at 7. 30pm on Tuesday 16 February 1999. Mr R complained to TV3 Network Services Ltd, the broadcaster, that the broadcast breached a number of broadcasting standards and intruded on the privacy of both the woman and her family. Pointing out that he was the woman’s former husband and father of her three children, he said that she was easily identifiable to acquaintances because of her voice which was heard in the item, and her clothing. A 15 year old son who had seen the programme, he added, now needed ongoing counselling....

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