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Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – hidden camera footage of caregivers hired to look after elderly actor – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) and privacy principle 3 – caregivers had an interest in seclusion – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – individual caregivers did not provide informed consent – public interest did not outweigh breach of individuals’ privacy – upheld Standard 6 (fairness) and guideline 6c – footage obtained “through misrepresentation or deception” – not required to use deception in the public interest – unfair to broadcast hidden camera footage – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast at 7. 30pm on 3 July 2007....

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond The Darklands – programme was a case study of convicted murderer William Bell based on the recollections of friends, teachers and others as well as analysis by psychologist – programme disclosed the name of the street Mr Bell used to live on with his mother – included claims Mr Bell was abused by his family as a child and worked as a prostitute – allegedly in breach of privacy, accuracy and fairness standards Findings Standard 5 (accuracy) – programme was a case study – viewers would have realised that the interviewees and psychologist were not making statements of fact, but providing individual perceptions and analysis – not upheld Standard 6 (fairness) – programme not required to obtain comment from complainant – nature of programme – range of views and analysis provided were a fair reflection of the complainant – not upheld Standard 3 (privacy)…...

Summary A short sequence in Havoc and Newsboy’s Sell-Out Tour showed the characters Mikey Havoc and Jeremy Wells (Newsboy) camping on Great Barrier Island. The item was broadcast on TV2 on 20 July 1999 at 10. 00pm. Robin Court complained to Television New Zealand Ltd, the broadcaster, that the programme showed and "advocated" camping and related activities on and around property owned by the Onekokoru Trust. He said that some of the activities breached or could breach by-laws, and that the "unauthorised use" of Trust property was offensive and deeply disturbing to members of the Trust. TVNZ responded that the land it showed was not identifiable as Trust property. Accordingly, it said that the programme did not advocate anything about the merits of Trust property as a camping place....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-136 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRIAN ROSS of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989Holmes – item about ongoing Family Court proceedings concerning custody of a child – father interviewed anonymously and gave details of evidence and proceedings – brief visuals of baby – mother believed that as baby was identifiable, she was also identifiable – personal details broadcast about her – some allegedly inaccurate – child shown without mother’s permission – alleged breach of privacy of mother and baby – item allegedly unbalanced, unfair and inaccurate – broadcaster allegedly failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy), Standard 6 (fairness) – referral outside statutory time limit – s....

ComplaintSunday – Item about prison officer who became pregnant to inmate and left prison service – item included class photo of featured officer with other prison officers – complainant standing next to featured officer – breach of privacy FindingsStandard 3 and Guideline 3a – Privacy Principles (i), (iii), (iv) and (v)- no offensive facts disclosed – no prying – no uphold This headnote does not form part of the decision. Summary [1] An item about a relationship in prison between a former prison officer and a man convicted of rape, in which the prison officer said she became pregnant, was screened on Sunday, broadcast on TV One at 7. 30pm on 16 March 2003. The item included the "class" photo" of the former prison officer. [2] TG complained to the Broadcasting Standards Authority, under s....

The Authority has not upheld a complaint about an item which reported on the road toll over Labour Weekend and showed images of an accident where a woman was hit by a truck. The Authority found the privacy, fairness, accuracy and law and order standards were not breached. The complainant alleged the driver of the truck was identified and the broadcast gave the impression they were at fault for the accident. The Authority found the item did not identify the driver of the truck nor reveal private information about them. The item did not refer to the driver, nor give the impression the truck driver was not driving safely. The item reported on what police had said were potential causes of crashes, but it was clear this was not referring to the specific incidents which had taken place over the weekend. Not Upheld: Privacy, Fairness, Accuracy, Law and Order...

Summary[This summary does not form part of the decision. ]A documentary series Inconceivable followed the fertility struggles of eight New Zealand couples over the course of two years. During this episode, one of the couples went to the doctor for a blood test. Contact details on the test documentation were briefly shown, including the woman’s full name and her mobile number, and the couple’s home phone number and partial street address. The Authority did not uphold a complaint that this breached the couple’s privacy. The broadcaster advised that the couple reviewed the episode prior to screening and gave their full and informed consent for it to be broadcast. The shot in question was very brief, such that many viewers would likely have overlooked the level of detail shown....

The Authority has upheld complaints from two complainants about a segment of Punjabi talkback programme Panthak Vichar, broadcast on Access Community Radio Inc (Planet FM). During the programme, the hosts made a number of allegations against the complainants, regarding their fundraising activities and whether they were trustworthy, and played a recorded phone conversation with Jaspreet Singh on-air. The Authority found that the comments reflected negatively on the complainants, and that Jaspreet Singh would not have known that the phone call would be played on-air. The Authority upheld the complaint under the fairness standard but did not uphold the remaining aspects of the complaint. Upheld: Fairness. Not Upheld: Accuracy, Privacy, Good Taste and Decency, Programme Information, Discrimination and Denigration...

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – man shown gathering scallops – statement in programme that “there was sufficient there anyway to issue him with a couple of infringement notices” – allegedly in breach of privacyFindingsStandard 3 (privacy) – filmed in a public place – no private facts disclosed – not upheldThis headnote does not form part of the decision. Broadcast [1] A segment on Coastwatch broadcast on TV One at 7. 30pm on 14 February 2005 showed a diver approached by Ministry of Fisheries officers while gathering scallops. The fisheries officer told him that he should only have collected 60 scallops, whereas he had 104 scallops on the boat. The fisheries officer explained that this was “not in the area of what we consider to be a serious offence”, and the diver said that he had been trying to do things by the book....

ComplaintOne News – two items – coverage of murder trial – complainant summonsed as juror – shown standing near to accused in the dock – implied supporter of accused – breach of privacy FindingsSection 4(1)(c) – broadcasts did not maintain standards consistent with the privacy of the individual – current privacy principles not applicable – uphold as breach of s. 4(1)(c) OrderCosts to complainant of $500 This headnote does not form part of the decision. Summary The trial in the Whangarei High Court of George Aaron Marson for murder was covered by Television New Zealand Ltd. An item on One News on Monday 28 May 2001 showed Mr Marson pleading not guilty. The same footage was used in an item reporting the jury’s guilty verdict screened on One News on 1 June. On each occasion, DA was shown standing behind the dock, about a metre away from the accused....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item about a woman who believed a company called Christine Layby owed her $900 – woman shown visiting the company director’s home to demand a refund – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) – ownership of a business not a private fact – disclosure of that fact not highly offensive – not upheld Standard 5 (accuracy) – decline to determine three aspects – other aspects related to website material only or interviewees’ own views – not upheld Standard 6 (fairness) – complainant had sufficient opportunity to comment – not unfair – not upheld This headnote does not form part of the decision....

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 21/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by Ms P Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-156 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN WARD of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-130 Decision No: 1996-131 Decision No: 1996-132 Dated the 10th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PS of Rotorua and C J DAISLEY of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...