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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 –…...

Summary A psychiatrist and the mother of a young person suffering from a mental illness were interviewed by Kim Hill on Nine to Noon broadcast on National Radio on 4 August 1999 beginning at 9. 40am. Mr Boyce complained to Radio New Zealand Ltd that the interview lacked balance because it did not include the point of view of anyone who had been diagnosed as suffering a mental illness. He also complained that, because the mother was identified, her son would also have been identifiable, and it was a breach of the Privacy Act to release his medical details. Mr Boyce argued that the interviewer perpetuated myths and stereotypes about those with mental illness. In its response, RNZ emphasised that the focus of the interview was the availability of treatment for young people suffering mental illness....

Summary[This summary does not form part of the decision. ]A ONE News item reported on a local murder trial and included footage of a witness giving evidence in court. The witness was named but his face was not shown and his voice was disguised. The Authority did not uphold a complaint from a member of the public that the item breached the witness’s privacy. While he was identifiable in the item, no private information was disclosed about him. The footage of the witness was taken during open court and there was no name suppression order in place. The evidence the witness gave at trial had already been widely reported by other media outlets at the time of broadcast. Therefore, the witness had no reasonable expectation of privacy over the information disclosed about him, and his privacy was not breached....

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…...

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...

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

This decision was successfully appealed in the High Court: CIV 2007-485-2060 PDF46. 29 KB Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – interviewed a woman who was a committed patient under the Mental Health (Compulsory Assessment & Treatment) Act 1992 and receiving electroconvulsive therapy – woman said that she wanted the treatment to stop – item reported the view of the psychiatric hospital that the woman “was not well enough at the time of the interview to have given informed consent to it” – allegedly in breach of privacyFindings Standard 3 (privacy) and privacy principle 1 – disclosed private facts about woman – woman not capable of giving informed consent – no public interest in disclosing the private facts – upheldOrderSection 16(4) – payment of costs to the Crown $1,500This headnote does not form part of the decision....

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....

Complaint under section 8(1A) of the Broadcasting Act 19893 News – item on “Chloe of Wainuiomata” receiving diversion for shoplifting – allegedly in breach of privacy Findings Standard 3 (privacy) – private facts disclosed were in the public arena – not upheld (This headnote does not form part of the decision. ) Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 30 April 2008, reported that Chloe, a woman who gained notoriety in a 1990s television programme and who was nicknamed “Chloe from Wainuiomata”, had been charged with shoplifting. During the item, the presenter stated: Chloe, whose slippers made her a 90s celebrity, has been charged with shoplifting. The court heard that Chloe, formally of Wainuiomata, tried to steal twenty three dollars and sixty four cents worth of pet care products from a Napier supermarket....

SummaryThe police response to a drink-drive incident was featured on Emergency Heroes broadcast by TV3 on 23 February 1999 at 7. 30pm. A man was seen being arrested for driving with a blood alcohol level over the legal limit. His voice and facial features were partially obscured in the programme, although promos for the programme were broadcast unaltered. JD, the convicted driver, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his privacy had been breached by the broadcast of the promos, which did not conceal his identity at all, and by the programme, because he maintained it inadequately concealed his identity. TV3 Network Services Ltd responded to the Authority that JD had given consent at the time of his arrest to the broadcast of the footage, and had known the purpose for which it was being filmed....

Complaint under section 8(1A) of the Broadcasting Act 19893 News – item on house fire in the North Shore reported that a person had been found dead in the garage – included brief footage of the complainant and his wife who owned the house – allegedly in breach of privacy FindingsStandard 3 (privacy) – item did not disclose private facts about the complainant or his wife – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 3 July 2010, reported on a house fire on the North Shore. The news reader stated that police were investigating after a person had been found dead in a car in a burning garage, and that the death was being treated as suspicious....

SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

Summary An episode of a reality series entitled Petvet was broadcast on TV2 at 8. 00pm on 7 October 1999. It followed the day to day activities at a veterinary clinic in Lower Hutt and included a sequence showing the clinic’s dealings with a couple who wished to have their cat put down. L, the cat’s owner, complained to the Broadcasting Standards Authority that the sequence breached her right to privacy. She complained that the documentary had portrayed her and her partner as callous owners of animals and they had been subjected to criticism as a result. She also noted that the programme had identified her by name and, in addition, had included a sequence showing the veterinarian dialling their confidential telephone number which, she said, could have led to "menacing phone calls"....

The Authority has not upheld a privacy complaint about items on Newshub and The AM Show, which reported on a Police raid of a gang house and featured footage of the complainant’s property, with the house number blurred. The Authority found that the privacy standard did not apply in this case, as the complainant was not identifiable in the broadcast and no private information or material was disclosed about them. As the house was only filmed to the extent visible from the street, the broadcaster did not intrude upon the complainant’s interest in solitude or seclusion in a way that was highly offensive. The Authority recognised the public interest in the broadcast and found that the harm alleged to have been caused by the complainant did not outweigh the right to freedom of expression.   Not Upheld: Privacy  ...

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...

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 that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

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...

Summary [This summary does not form part of the decision. ] An item on 3rd Degree reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of the complainant working in a strip club, serving drinks and talking to customers. The Authority upheld her complaint that this breached her privacy, as she had not consented to appearing in the programme. Upheld: Privacy Order: Section 13(1)(d) $1,500 compensation to the complainant for breach of privacy Introduction [1] An item on 3rd Degree reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of female employees in their strip clubs dancing, serving drinks and talking to customers. The programme aired on TV3 on 9 April 2014....