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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

Download a PDF of Decision No. 1991-016–018:Hon Sir Roger Douglas, Hon Richard Prebble and Rt Hon David Lange and Television New Zealand Ltd - 1991-016, 1991-017, 1991-018 PDF2. 98 MB...

Summary[This summary does not form part of the decision. ]ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day, and subsequently located and reunited with her family. The Authority did not uphold a complaint that the item breached the privacy of the girl and her sisters. The item did not disclose any private information about the girl; the details given were in the public domain at the time of the broadcast and carried high public interest, as they may have assisted with the search for her abductor. The girl’s sisters were not identifiable in the item and therefore their privacy was not breached. Not Upheld: PrivacyIntroduction[1] An item on ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day....

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 complaint an episode of Sunday breached the complainant’s privacy, and was unfair to the complainant, by broadcasting an image taken on the complainant’s property. The Authority found the complainant was not identifiable for the purposes of the privacy standard, and was not ‘referred to’ in the broadcast for the purposes of the fairness standard. Not Upheld: Privacy, Fairness...

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-037 Decision No: 1998-038 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MANU CADDIE of Wellington Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-068 Decision No: 1998-069 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (OPERATION TAM) TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reporting on a Waipawa dog breeder – television crew entered complainant’s land and pried without permission – filmed pit in which dogs were buried – alleged breach of privacyFindingsStandard 3 (privacy) – actions of crew amounted to intentional interference with complainant’s interest in solitude and seclusion – intrusion was into matter complainant was entitled to keep private – majority considers intrusion offensive to reasonable person – no public interest defence – discussion of principles of interpretation of privacy principle (iii) – discussion of principles relating to public interest – majority upholdNo OrderThis headnote does not form part of the decision....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Dog Squad – Dog Squad carried out routine checks of vehicles entering prison grounds – searched complainant’s car and stated that “there was something in the car, or drugs had been used in the car” and “We are going to confiscate that, okay? ” – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant identifiable – footage disclosed private facts – disclosure highly offensive – upheld Order Section 13(1)(d) – $750 compensation to complainant for breach of privacy This headnote does not form part of the decision.  ...

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....

The Authority upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb. It featured an interview with a resident reported as being ‘too scared to be identified’. Close-up footage, including a side-on view of part of her face (unblurred), revealed her demographic, gender, the length and colour of her hair, voice, profile of her nose, clothes, watch, a distinctive ring and the side of her glasses. The Authority found these features enabled identification of the interviewee beyond family and close friends. Their disclosure would be highly offensive to an objective reasonable person in her position, given she participated on the understanding she would not be identified. The Authority was not persuaded the defence of informed consent applied to the breach of the woman’s privacy....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-039 Decision No: 1998-040 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by C of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-128 Decision No: 1997-129 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CRIMINAL BAR ASSOCIATION of NEW ZEALAND INC Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...

ComplaintOne News – file footage of partly naked meningitis victim – unconscious – privacy FindingsPrivacy principles (i), (ii), (vi) and (vii) – facts not highly offensive and objectionable – public interest and consent defences – no uphold This headnote does not form part of the decision. Summary File footage of an unconscious man then suffering from meningococcal meningitis was shown during an item on One News broadcast on TV One between 6. 00 and 7. 00pm on 30 April 2000. Kathleen Hobo complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the footage breached the man’s privacy, as he was filmed naked, except for a disposable nappy. In its response, Television New Zealand Ltd, the broadcaster, said that the man’s mother had consented to the filming before the original broadcast, and that it considered the rebroadcast footage was neither voyeuristic nor exploitative....