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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-018 Dated the 22nd day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDDIE HAYES of Hawkes Bay Broadcaster RADIO OTAGO LTD TRADING AS 93 FM, HASTINGS J M Potter Chairperson L M Loates R McLeod A Martin...

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...

Summary On two occasions on 31 July 1998 between 9. 00-9. 30am, a caller to Hot 93FM referred to the winner of an on-air competition as "That bitch E…C…". The caller said she had helped the winner with the answers to the competition, but that the winner had refused to share the prize of a dinner for four. Station staff then made two hoax calls in a similar vein. Ms C, the winner of the competition, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy was breached by the broadcast. She also complained directly to the station that it contravened the requirement for broadcasters to observe standards of good taste and decency. She reported that she had been extremely upset by the calls....

ComplaintPolice Ten 7 – complainant arrested by police – shown without consent – breach of privacy complaintFindingsStandard 3 – Privacy Principle i) – filming in public place – no highly offensive facts disclosed – Privacy Principle v) – name disclosed but consent form later signed – no upholdThis headnote does not form part of the Decision Summary [1] The series Police Ten 7 follows a Police team while on duty. The questioning and subsequent arrest of the complainant for obscene language was one of the items dealt with in the episode broadcast on TV2 at 7. 30pm on 21 August 2003. [2] MD complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that being shown on the programme without his consent breached his privacy....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989 1. Holmes – 18 and 19 November 2003 – complainant director of Network Visas NZ Ltd – in dispute with 13 Romanian students – complainant’s home shown on item as location where business operated from – not company’s registered office – complainant given inadequate opportunity to respond – a number of factual inaccuracies – allegedly unbalanced, inaccurate and unfair 2. Holmes – 18 November 2003 – complainant’s home shown on item as location where business operated from – after broadcast, complainant visited by landlord – complainant’s wife who operates beauty business from the address felt intimidated – alleged breach of privacy 3....

Complaint under section 8(1C) of the Broadcasting Act 1989Apna Ne Bana Di Jodi – personal ads included complainant’s age, gender and phone number – allegedly in breach of privacyFindingsStandard 3 (privacy) – telephone number disclosed in a highly offensive manner – resulted in harassment of complainant – upheldOrderSection 13(1)(d) – payment of $500 to the complainant for breach of privacyThis headnote does not form part of the decision. Broadcast [1] During Apna Ne Bana Di Jodi, broadcast on APNA 990 at around 11. 30am on 19 April 2010, a host read out a number of “matchmaking messages” which included people’s ages, gender, ethnicity or religion, and phone number. One of the messages stated: 46-year-old Hindu male, New Zealand citizen, [mobile phone number]. Complaint [2] NJ lodged a complaint with APNA Networks Ltd, the broadcaster, alleging that the broadcast of his phone number had breached his privacy....

ComplaintJohn Banks – talkback – "Royal Breakfast Show" – broadcast of complainant’s name and part of complaint – derogatory reference Findings(1) Privacy principle (iv) – identification – name and content of complaint private facts – facts not used to abuse, denigrate or ridicule – no uphold (2) Privacy principle (v) – identification – complainant’s name private information in context – uphold (3) Privacy principles (vi) and (vii) – no public interest in disclosure – making a complaint no consent to privacy breach – no defence No Order This headnote does not form part of the decision. Summary A Radio Pacific talkback host (John Banks) read on-air part of A’s written complaint about the host’s use of the word "Royal" to describe his show. The complainant was named in the broadcast during the morning of 2 February 2000 at approximately 7. 20am....

Complaint under section 8(1A) of the Broadcasting Act 1989Heartland – programme included image of the complainant – allegedly in breach of privacyFindingsStandard P9 (privacy) – complainant was identifiable but no private facts were disclosed – disclosure of the footage of him would not be highly offensive to an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast[1] A episode of Heartland called “Grey Lynn: Summer in the City” was broadcast on TVNZ Heartland at 10. 10pm on 27 November 2010, and repeated at 8am on 28 November 2010. Near the beginning of the programme, a shot of the complainant leaning out a window in his house was briefly shown. Referral to the Authority[2] Te Awhitu Ransfield lodged a direct privacy complaint with the Authority under section 8(1A) of the Broadcasting Act 1989....

Download a PDF of Decision No. 1993-138:Leckey and Television New Zealand Ltd - 1993-138 PDF864. 85 KB...

Download a PDF of Decision No. 1992-069:Presland and Northland Radio Company Ltd - 1992-069469. 1 KB...

Summary[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....

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....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a broadcast of Punjabi talkback programme, Sikh Patshahi, in which a caller to the programme referred to the complainant by name and attempted to speak to the host about them. While the complainant was clearly identified, the Authority found no private information or material was disclosed during the broadcast, by either the caller or the host to the programme, over which the complainant had a reasonable expectation of privacy. The host took proportionate steps during the segment to steer the conversation away from the complainant’s specific circumstances and towards the general topic of discussion, which was Sikh marriage and divorce, and emphasised throughout the segment that the caller could not speak about named individuals without allowing them an opportunity to respond....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-100 Decision No: 1997-101 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MURRAY ARNESEN of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED L M Loates R McLeod A Martin...

ComplaintWeddings: Happily Ever After? – update on some couples who appeared in Weddings – breach of privacy FindingsPrivacy – consent form for footage from Weddings – subsequent information freely given – no uphold This headnote does not form part of the decision. Summary [1] An episode of Weddings: Happily Ever After? was broadcast on TV2 at 7. 00pm on 23 September 2001. The programme reported on the state of the relationships of some of the couples who had appeared on previous episodes of Weddings. [2] Kylie and Simon Bernie, one of the couples, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme had breached standards relating to privacy. Mr and Mrs Bernie maintained that they had not consented to the inclusion of information about them or their baby daughter in the programme....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Police College – reality series following new police recruits – showed man being ejected from Westpac Stadium – man was seen resisting attempts to remove him and shouting abuse at police – allegedly in breach of privacy and unfairFindingsStandard 3 (privacy) and privacy principle (ii) – insufficient time had passed for public fact to become private – not upheld Standard 6 (fairness) – guideline 6b only applies to planned appearances – Mr Walden unnecessarily identified under guideline 6f, but overall treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] Police College was a reality series which traced the progress of cadets through the Police College. In an episode broadcast on TV2 at 10....

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

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...