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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-144 Decision No: 1997-145 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE ALLOWAY of Auckland Broadcaster 95bFM of Auckland S R Maling Chairperson L M Loates R McLeod J Withers...

Chair Joanne Morris declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reported on the use of anti-depressants – excerpts from a radio talkback show were used in the item – two excerpts involved the complainant discussing her use of anti-depressant drugs – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) – complainant not identifiable in the item – item did not disclose any private facts – not upheld This headnote does not form part of the decision. Broadcast [1] An item on the 20/20 programme, broadcast on TV2 at 9. 30pm on 30 August 2007, examined the use of the anti-depressant drug Aropax and the difficulty some people had experienced when trying to stop using it. The item included excerpts from a radio talkback discussion concerning the use of anti-depressants....

Warning: This decision discusses issues of sexual abuse of children and suicide. The Authority has not upheld a complaint that documentary 1 Special: The Lost Boys of Dilworth was inaccurate by not mentioning the denomination or titles of school chaplains involved in sexual abuse of students, or a complaint that the inclusion of re-enactments of memories of survivors re-traumatised victims of abuse, promoted sexual offending against children, breached privacy and was unfair to child actors involved. The Authority found that omission to mention the denomination or title of chaplains would not have materially altered the audience’s understanding of the documentary. The Authority also found that the inclusion of re-enactments did not breach the standards nominated, noting in particular that audience members (including survivors of abuse) were given appropriate information to make informed viewing decisions, no re-enactment depicted sexual violence and the offending of paedophiles was condemned throughout....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-007 Decision No: 1998-008 Decision No: 1998-009 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALLAN HILL of Wellington and GLADYS GARDNER of Christchurch 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. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

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...

SummaryPolice were hunting an armed robber who had shot a security guard in a shopping centre, according to news reports on 3 News and Nightline broadcast on TV3 on 26 July 1999. Footage accompanying the item showed police Armed Offenders Squad members approaching a house in Auckland. S, C and E complained to the Broadcasting Standards Authority that their privacy was breached because the footage showed their home. They reported that their home was recognisable to friends and family and that they and their children were upset and distraught at the implication they could be linked to the robbery. TV3 responded that the footage of the property search was carefully edited to ensure that the street and house were not identifiable to the general public, and the occupants were not identified....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about the disappearance of a six year old boy who had allegedly been kidnapped by his maternal grandfather – acting on an anonymous tip, reporter went to a remote farm and filmed an interview with the property owner – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) – broadcasting footage of complainant filmed on private property without his knowledge amounted to a breach of privacy principle 3 – no public interest in broadcasting the footage – upheld Standard 6 (fairness) – programme did not leave a negative impression of complainant – not unfair – not upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,000 Section 16(1) – payment of costs to the complainant $574....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – host made comments about a listener who had emailed him – called listener a “moron” who was “incapable of rationality” and said “don’t email me again until you’ve had some help with your head” – allegedly in breach of privacy and unfair – broadcaster upheld fairness complaint – complainant dissatisfied with privacy decisionFindingsPrinciple 3 (privacy) – no reasonable expectation of anonymity when emailing a radio station – no private facts disclosed – implied consent given to broadcast name – not upheldThis headnote does not form part of the decision. Broadcast [1] During Leighton Smith’s talkback show on Newstalk ZB at approximately 10. 10am on 17 March 2006, the host made the following comments about a listener who had emailed him: Oh dear, Kevin Malone go away. Go and get help for goodness sake. You are incapable of rationality....

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....

ComplaintHolmes – sensitive information about two women found on second-hand computer hard drive – women able to be identified – breach of women’s privacy FindingsSection 4(1)(c) – Complaints of FL, Mr Elliott and Mr Herrmann – upheld; Ms MacDonald’s complaint – one aspect upheld by broadcaster; one aspect subsumed under Standard G4 Orders(1) Broadcast of statement(2) $5,000 compensation to each of the women whose privacy was breached(3) $2,500 costs to the Crown Cross-reference: 2002-071–072 This headnote does not form part of the decision. Summary [1] An item broadcast on Holmes on TV One at 7. 00pm on 21 May 2001 reported on sensitive information about two women which had been found on a second-hand computer hard drive. Excerpts from the interviews with the two women were included in the broadcast. [2] FL, one of the women concerned, complained to the Broadcasting Standards Authority under s....

Summary[This summary does not form part of the decision. ]An item on Sunday discussed AC/DC drummer Phil Rudd’s alleged unsafe sex practices with escorts. The Authority did not uphold a complaint that the item breached Mr Rudd’s privacy. The information disclosed during the item was already in the public domain and widely broadcast, so did not constitute private facts. The item also did not disclose any personal details about Mr Rudd for the purposes of encouraging harassment. Not Upheld: PrivacyIntroduction[1] An item on Sunday discussed former AC/DC drummer Phil Rudd and his alleged behaviour with escorts, in particular his unsafe sex practices. The item featured an interview with an anonymous former escort who had been hired by Mr Rudd. The item also showed images of the outside of Mr Rudd’s house and boat....

Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a storyline about the developing relationship of a young same-sex couple, and included several scenes of the two kissing, including shots of them from the waist up in bed together. The Authority did not uphold a complaint that these scenes breached the good taste and decency and children’s interests standards. The Authority acknowledged there is value in programmes such as Shortland Street, which provides entertainment and reflects contemporary society and evolving social issues and attitudes. Shortland Street is a PGR-classified medical drama series that has screened in the 7pm timeband for many years. It is well known for featuring adult themes. In that context the level of sexual content did not threaten current norms of good taste and decency, nor would be likely to adversely affect any child viewers....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

This decision has been amended to remove the names of persons who were not a party to the complaint....

ComplaintInside New Zealand – documentary about fires – suspected arson in suspected drug house – consent to film not sought from owners FindingsPrivacy – individual not identified – no private facts – no uphold This headnote does not form part of the decision. Summary An Inside New Zealand documentary about the cost and frequency of fires in New Zealand was broadcast on TV3 on 30 August 2000 beginning at 8. 30pm. A segment dealing with arson showed what was described as a suspected drug house which had been destroyed by fire. N, who claimed to be the owner of the property shown, complained about the programme to the Broadcasting Standards Authority. The complaint was accepted as a referral under s. 8(1)(c) of the Broadcasting Act 1989. In the complaint, N noted that neither she nor her husband had given consent for the broadcast....

SummaryA radio station announcer, claiming he was doing a survey on STDs, telephoned a woman and asked a number of personal and intimate questions. The call was broadcast live on The Edge on 30 November 1998 at about 4. 00pm. J, the woman who received the call, had identified herself using her first name and employer’s name. She complained to the station that the call was a serious invasion of her privacy as she was never told that the caller was from a radio station, or that it was being broadcast live. J said the comments ranged from being personal to obscene, and cited some examples. When the matter was referred to the station initially, J received an apology both from the station manager and the announcer....

Complaint under section 8(1A) of the Broadcasting Act 1989Willie and JT – host broadcast listener’s email address and said “send him an email” – allegedly in breach of privacy FindingsStandard 3 (privacy) – privacy principle 4 applies to email addresses – personal email address is also a private fact under privacy principle 1 – however host’s disclosure of email would not be highly offensive to an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] During the Willie and JT programme, broadcast on Radio Live on the afternoon of 22 October 2010, one of the hosts read out an email from a listener in response to the hosts’ discussion about union action over the film The Hobbit. After reading out the email, which strongly disagreed with the host’s opinion, the host said: . . . That’s from [listener’s full name]....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....