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Decisions
M and TV3 Network Services Ltd - 2000-132
2000-132

ComplaintInside New Zealand – debt collection – privacyFindings Privacy – identification – private facts revealed – no public interest – upholdOrderCompensation of $500 to complainant This headnote does not form part of the decision. Summary A documentary about debtors and debt recovery workers was the subject of an Inside New Zealand programme broadcast on TV3 on 7 June 2000 at 8. 30pm. A debt recovery worker was seen outside the home of a couple with a number of children, who were said to have a debt of $1600. M complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy and the privacy of her family was violated by the broadcast, which included footage of family members filmed through a fence, and a recording of the conversation between M and her husband and the debt recovery worker....

Decisions
Noble and Television New Zealand Ltd - 2014-030
2014-030

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

Decisions
YS and NZME Radio Ltd - 2023-011 (16 May 2023)
2023-011

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Archer and Television New Zealand Ltd - 1997-043, 1997-044
1997-043–044

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-043 Decision No: 1997-044 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NE and MH ARCHER (2) of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Fakaosi and Television New Zealand Ltd - 1996-175, 1996-176
1996-175–176

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Barraclough and Canwest TVWorks Ltd - 2005-024
2005-024

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item about a 15-year-old girl who had run away from her home in Auckland – showed the girl in security camera footage in a shop with two young companions – included footage of the house she was found in – allegedly in breach of privacy, fairness and children’s interestsFindings Standard 3 (privacy) – no breach of privacy – not upheld Standard 6 (fairness) – boys not portrayed as being at fault – not unfair – not upheld Standard 9 (children’s interests) – subsumed under Standard 6This headnote does not form part of the decision. Broadcast [1] A 60 Minutes item broadcast on TV3 at 7. 30pm on 21 February 2005 told the story of a 15-year-old Auckland girl, Emma, who had run away from home to a family in Te Awamutu....

Decisions
EJ, Oughton & Gulf Harbour Healthcare Ltd and Television New Zealand Ltd - 2019-035 (29 October 2019)
2019-035

Two complaints from the subjects of a Fair Go investigation have not been upheld. The investigation focussed on the sale of a massage product to an elderly man with severe foot pain. The Authority found the privacy of the salesperson was not breached through the brief broadcast of their business card which contained their image and contact details. The Authority found this did not amount to a highly offensive disclosure of private information. The Authority also found the broadcasts did not breach the balance, accuracy and fairness standards, finding that the broadcasts were unlikely to significantly misinform viewers regarding the sale of the product and the product itself. The Authority also found that, while there was public interest in the story, it did not amount to a controversial issue of public importance for the purposes of the balance standard....

Decisions
Gardner, Phillips and Smith and TVWorks Ltd - 2012-018
2012-018

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…...

Decisions
TD and MediaWorks TV Ltd - 2014-048
2014-048

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....

Decisions
Turner and Television New Zealand Ltd - 2016-061 (14 October 2016)
2016-061

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....

Decisions
KD and The Radio Network Ltd - 2002-039
2002-039

Complaint89. 8 ZM – "spot the difference" competition – complainant’s incorrect entry read – complainant identified – breach of privacy FindingsPrivacy – privacy foregone by entering competition – no uphold This headnote does not form part of the decision. Summary [1] The results of a "spot the difference" competition were broadcast on 89. 8 ZM on 11 January 2002 at approximately 4. 50pm. During the broadcast, KD’s incorrect answers and her name, city of residence and email address were read out on-air. [2] KD complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy had been breached by the broadcast. She said that the broadcast had caused her humiliation and distress. [3] The Radio Network Ltd (TRN), the broadcaster of 89. 8 ZM, did not accept that KD’s privacy had been breached in the context of a "fun competition"....

Decisions
Society for the Protection of the Unborn Child Inc, Armstrong (President) and daughters and TV3 Network Services Ltd - 1993-108–110
1993-108–110

Download a PDF of Decision No. 1993-108–110:Society for the Protection of the Unborn Child Inc, Armstrong and daughters and TV3 Network Services Ltd - 1993-108–110719. 35 KB...

Decisions
PD and The Radio Network Ltd - 2001-104
2001-104

ComplaintZMFM – "Bonk patrol" – man accused by neighbours of noisy love-making approached at home by announcer – comments broadcast live – man felt humiliated – breach of privacy Findings Privacy – s4(1)(c) – complainant not identified – no uphold This headnote does not form part of the decision. Summary An announcer from ZMFM set out on what he called the "bonk patrol" during the breakfast session broadcast on 1 May 2001. He visited a woman who complained that her sleep was disturbed because of the frequent sounds of love-making in the flat upstairs. The announcer then woke up the man upstairs and asked him about his noisy love-making. The questions and answers were broadcast. PD, the occupant of the flat upstairs, complained direct to the Broadcasting Standards Authority under s....

Decisions
Reekie and Television New Zealand Ltd - 2009-026
2009-026

An appeal against this decision was dismissed in the High Court: CIV 2009-404-003728 PDF255....

Decisions
Davies and Television New Zealand Ltd - 2005-017
2005-017

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....

Decisions
Women in Film and Television (Auckland) Inc (WIFT) and TV3 Network Services Ltd - 1996-077
1996-077

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-077 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN IN FILM AND TELEVISION (Auckland) INC. (WIFT) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Chambers and Television New Zealand Ltd - 1995-146
1995-146

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 146/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J G CHAMBERS of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Dunphy and Television New Zealand Ltd - 1994-019
1994-019

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 19/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANICE DUNPHY of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Ferguson and CanWest TVWorks Ltd - 2006-119
2006-119

Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – item reporting that 17-month-old girl had suffered head injuries at a Christchurch home – showed street name and number of house – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant did not identify an individual whose privacy was allegedly breached – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 26 October 2006, reported that a 17-month-old girl had been flown to Starship Hospital after she had suffered serious head injuries while visiting a Christchurch home. It said that police were investigating how the injuries had occurred, and whether they were accidental or intentional. The reporter referred to the name of the street where the home was located, and the street sign was shown....

Decisions
Copland and CanWest TVWorks Ltd - 2004-209
2004-209

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – video footage of Kenneth Bigley, a British hostage in Iraq, shackled in a cage pleading for help from the British Government – alleged breach of privacy Findings Standard 3 (Privacy) and Guideline 3a – broadcast was in the public interest – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at 6pm on 30 September 2004 showed video footage of Mr Kenneth Bigley, a British hostage in Iraq. The video showed Mr Bigley shackled in a cage pleading for help from the British Government. Complaint [2] J M Copland complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item constituted a breach of broadcasting standards relating to the privacy of the individual....

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