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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 45/94 Decision No: 46/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PETA BROWN of Port Ohope Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

The Authority upheld a privacy complaint about a Newshub item showing footage of children being uplifted from their homes by Oranga Tamariki. The Authority considered there was adequate information in the clip to enable identification of the children. While the story carried high public interest, protecting children’s privacy interests, particularly where the children are clearly vulnerable, must be paramount in broadcasters’ editorial decision making. Insufficient steps were taken to protect the children’s identities, and given the highly sensitive and distressing circumstances, the Authority considered the disclosure of footage enabling their identification was highly offensive. Upheld: Privacy Orders: Section 16(4) – $1500 costs to the Crown...

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1)(c) of the Broadcasting Act 1989Skin Doctors – footage of woman undergoing breast augmentation surgery and her consultations with her plastic surgeon – allegedly in breach of privacy Findings Standard 3 (privacy) – programme disclosed private facts about complainant – disclosure highly offensive – complainant did not give informed consent – no public interest – upheld Orders Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $10,000 Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

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....

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(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB Christchurch – “Stick of the Week” awards – host nominated and named both the parents of and a pre-schooler who had been involved in altercation with Mayor – child allegedly exposed to ridicule and humiliation – privacy allegedly breached FindingsPrinciple 3 (privacy) – facts disclosed already in public domain – not upheld Principle 6 (fairness) – child object of sympathy, not ridicule – not upheld Principle 7 (denigration) – item did not deal with specified section of community – not upheld This headnote does not form part of the decision. Broadcast [1] “Stick of the Week”, a negative albeit light-hearted award, is a long-running segment of the Friday morning show on Newstalk ZB in Christchurch....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Complaint under section 8(1A) of the Broadcasting Act 1989Tarana Drive Time Chit Chat Show – talkback programme contained discussion about “promiscuous characters” – host made comments about complainant’s Facebook messages – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – comments were general only and did not contain reference to sufficient identifying features for the purposes of the privacy standard – it was unlikely the complainant was identifiable beyond those who knew about her private Facebook messages, so the comments did not breach her privacy – not upheld This headnote does not form part of the decision. Introduction [1] Tarana Drive Time Chit Chat Show, a talkback programme broadcast in Hindi, contained a discussion about “promiscuous characters”, with the host inviting listeners to call in and give their views of, “Who is more flirty, girls or boys?...

Summary [This summary does not form part of the decision. ]An episode of Women in Blue, a reality TV series following the work of New Zealand policewomen, contained footage of a search warrant being executed at the complainant’s property. QS, who at the time of filming was an occupant of the property, made a complaint that broadcasting the footage without her knowledge or consent breached her privacy. The Authority found that the broadcast did not breach her privacy because she was not identifiable in the broadcast. Not Upheld: PrivacyIntroduction[1] An episode of Women in Blue, a reality TV series following the work of New Zealand policewomen, contained footage of a search warrant being executed at the complainant’s property. Introducing the footage, the narrator referred to a ‘suspected illegal drug operation’....

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

The Authority has not upheld a complaint that an item on Newshub Live at 6pm, which broke the story of Dr Jonie Girouard issuing medical certificates to patients to attempt to use as vaccine exemptions, breached the privacy and law and order standards. The item featured hidden camera footage filmed by an undercover journalist posing as a patient at Dr Girouard’s practice. The Authority found the footage shown did not breach the privacy of other patients at the practice who were filmed without their consent, as they were not identifiable. It found that the footage did breach the privacy of Dr Girouard, on the basis she was identifiable in the broadcast, and the covert footage amounted to a highly offensive intrusion on her reasonable expectation of seclusion....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Chair Joanne Morris declared a conflict of interest and did not take part in the decision. Complaint under section 8(1)(c) of the Broadcasting Act 198920/20 – “Ticking Time Bomb” – reported that Phillip Edwards, who had been charged with the murder of David McNee and convicted of manslaughter, had previously been implicated in an attack on another man – police did not prosecute – other man’s name disclosed – alleged breach of privacy Findings Standard 3 (privacy) – Privacy Principles iii), v), and vi) – no unjustified invasion of man’s privacy - man’s name disclosed as aspect of current affairs item – not upheld This headnote does not form part of the decision. Broadcast[1] A 20/20 item, “Ticking Time Bomb”, revealed that Phillip Edwards, who was arrested for the murder of television celebrity David McNee, had earlier been implicated in an attack on another man....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

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)…...