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Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

ComplaintLocation, Location, Location – complainants attended and participated in auction – complainants claimed that they would not be filmed – shown on programme – unfair – breach of privacy FindingsStandard 6 – irreconcilable conflict of facts as to particulars of the request not to film – decline to determine Standard 3 Guideline 3a Privacy Principle iii – no intentional intrusion – no uphold This headnote does not form part of the decision. Summary [1] A couple was shown making the final bid in the auction for a house during an episode of the reality series Location, Location, Location. The bid was unsuccessful as it failed to reach the reserve. The episode was broadcast on TV One at 8. 00pm on 17 July 2002. [2] BQ and CR, the couple making the bid, complained to Television New Zealand Ltd, the broadcaster, about the item....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported that a 40-year-old man had been accused of knowingly infecting people with HIV – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – identifiable to limited group of people who had seen the website or the photos – allegation of criminal behaviour not a private fact – HIV-positive status normally a private fact but public interest defence applied – not upheld Standard 6 (fairness) – high level of public interest especially in alerting those who could identify the man – guideline relating to discrimination and denigration not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast at 7pm on TV One on 15 May 2009, was introduced as follows: What kind of person knowingly infects lovers with the HIV virus?...

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item about file sharing software – showed images from a snuff movie three times during short item – woman seen begging not to be filmed with a gun held to her head – gunshot heard on one occasion but with no image – allegedly in breach of good taste and decency, law and order, privacy, fairness, children’s interests and violence standards – broadcaster upheld complaints under Standard 1, spoke to news staff and broadcast on-air apology – complainants dissatisfied with decision and action taken FindingsStandard 2 (law and order) – broadcaster did not encourage viewers to break the law or glamorise the criminal activity shown – not upheld Standard 3 (privacy) – irrespective of whether the snuff movie was real or fake, no breach of privacy – not upheld Standard 6 (fairness) – unable to determine whether woman treated fairly – decline…...

Complaint under section 8(1A) of the Broadcasting Act 1989Target – actor ordered four different gift baskets from four different companies over the phone – presenter commented on what the phone operators had said – allegedly in breach of privacy Findings Standard 3 (privacy) – item did not disclose the identity of the phone operator – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, broadcast on TV3 at 7. 30pm on Tuesday 13 May 2008, contained a review of four different gift basket companies. The programme used an actor to call each of the four companies and order a gift basket to the value of $100....

ComplaintFair Go – repairs to computer unsatisfactory and costly – inaccurate – unbalanced – misleading – breach of privacy. FindingsStandard G1 – Authority not appropriate body to determine factual disputes – no uphold Standards G6 – not applicable Standard G4 – use of secret microphone by protagonist – unfair – uphold Privacy principle (iii) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary An item on Fair Go on 15 November 2000 investigated a complaint from the owner of a computer about the extent and the cost of some repair work carried out by Auckland Computer Services. Fair Go is a consumer advocacy programme broadcast weekly at 7. 30pm on TV One. Steve Moodley, trading as Auckland Computer Services, complained to Television New Zealand Ltd, the broadcaster, about the item....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintAA complained that a Close Up item breached his privacy and was unfair to him by allowing his ex-wife and her father to allege that he was a wife-beater and a racist. The complainant said that Close Up had taken part in a "malicious attempt" to stop him being granted permanent residency in New Zealand. He said the item was also inaccurate, including allowing a high-ranking Immigration official to say that he had failed to declare a UK conviction for common assault on his immigration application. He provided a copy of his immigration application to show that he had declared the conviction before entering New Zealand. The Broadcaster's ResponseTVNZ said reasonable efforts had been made to get AA's side of the story, but AA had refused to be interviewed....

Complaint under section 8(1A) of the Broadcasting Act 1989Marcus Lush Breakfast Show – host disclosed the street address of the house where the television programme Outrageous Fortune was filmed – allegedly in breach of privacy Findings Principle 3 (privacy) – no “identifiable individual” – right to privacy attached to the individual not to the house – not upheld This headnote does not form part of the decision. Broadcast [1] During the Marcus Lush Breakfast Show, broadcast on Radio Live on the morning of 11 February 2008, the radio host discussed the lack of famous film and television set locations in New Zealand that people can visit and pay homage to. He told viewers that he had received an email informing him of the street address of the house used as the fictional West family’s residence in the television programme Outrageous Fortune. [2] At approximately 8....

Complaint under section 8(1)(c) of the Broadcasting Act 1989 The Edge – anonymous caller revealed that named person had visited a medical clinic – disclosed confidential medical details – allegedly in breach of privacyFindings Principle 3 (privacy) – highly offensive disclosure of private facts – upheldOrder Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $2,067 Section 16(4) – payment of costs to the Crown $5,000This headnote does not form part of the decision. Broadcast[1] On the afternoon of Monday 9 October 2006, the hosts on The Edge radio station stated that they had “a bit of inside goss” from an anonymous caller who had previously worked at a medical centre for two weeks. The hosts asked “are you breaking patient confidentiality here or something? ” to which the caller laughed....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-005 Decision No: 1998-006 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Summary [This summary does not form part of the decision. ]An item on 3rd Degree reported on a Korean man X who was ousted from his local church community for his participation in a ‘mockumentary’ about North Korea. The programme included an interview with the editor of a local Korean newspaper (one of the complainants), and attempted to interview a priest from X’s church. The Authority did not uphold complaints that the story was unfair to the interviewees and breached the newspaper editor’s privacy. The programme made genuine attempts to obtain comment from the interviewees, and they were treated fairly. The newspaper editor agreed to an interview so the broadcast did not disclose any private facts about him. The story did not discuss a controversial issue which required the presentation of alternative views; it focused on one man’s personal experiences....

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on education programme established to prevent youth suicide and self harm – included footage of students – allegedly in breach of privacy FindingsStandard 3 (privacy) – students, teachers and parents identifiable but no private facts disclosed in broadcast and filming was in a public place – those shown not particularly vulnerable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on Friday 26 November at 6. 25pm, reported on the establishment of an education programme in a South Auckland community aimed at preventing youth suicide and self-harm. The news reader introduced the item by stating that “Kaumatua gathered to bless a South Auckland school after a number of teen deaths in the area. One is related to a circulating text message promoting self-harm”....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting the court appearance of a man charged with accessing child pornography – showed two men standing at a vending machine – face of the accused not shown, side profile of the other man was shown – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – no private facts disclosed – not upheldStandard 6 (fairness) – item implied complainant was defendant on child pornography charges – incorrect – seriously unfair – upheldOrderCosts to the Crown of $3000This headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News on TV3 at 6pm on 7 March 2005 reported on the court appearance of a man charged with accessing child pornography via the internet. The reporter said that due to a judge’s ruling, 3 News was unable to name the alleged offender....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 151/95 Decision No: 152/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHANNA KOSTER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-135 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GARY JAMES of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-158 Decision No: 1996-159 Dated the 21st day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R DALE of Nelson Broadcaster FIFESHIRE FM BROADCASTERS LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...