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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 G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

Summary A prison officer, accused of a sexual relationship with an inmate, was the subject of a 20/20 item entitled "A Pregnant Silence" broadcast on TV3 on 13 September 1998 between 6. 30–7. 30pm. K complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached her privacy because it included footage of her house when the prison officer, who was her flatmate, was filmed leaving her home. She observed that its identity was clear because the house number was clearly shown. She argued that when personal details were given about the officer, it could have been incorrectly inferred that he lived at that address with his family. K sought an assurance that no more footage of her house would be shown as she had no connection with the story....

SummaryA weekend in the Wairarapa was the prize in a competition run by radio station 91ZM in Wellington in the first week of February. Listeners were invited to write in and explain why they deserved this holiday. Some entries were read each day, including one from "Malcolm" on Wednesday, and he was subsequently chosen as the winner on Friday. His winning entry was read on both days and he was spoken to on-air on Friday after the announcer telephoned his named place of work and asked for him by name. His entry detailed how his wife of 13 years had left him and his two sons (aged 12 and 9) a little over a year previously as she was having an affair with a 19-year-old. His letter concluded by stating his former wife "has since been dumped by the 19-year-old"....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on striking workers from recycling company Paper Reclaim who wanted a pay increase of one dollar extra an hour – stated that they worked in “dirty, unsanitary conditions” and that there was a rat problem at Paper Reclaim’s plant – allegedly in breach of accuracy, fairness and privacy Campbell Live promos – promos on TV3 and Radio Live referred to working with rubbish and rats for low pay – allegedly in breach of accuracy and fairness FindingsCampbell Live Standard 5 (accuracy) – programme created strong impression that Paper Reclaim’s premises were unsanitary and rat-infested – misleading – upheld Standard 6 (fairness) – unfair to suggest that Paper Reclaim had a serious rat problem – Paper Reclaim was not given a fair and reasonable opportunity to respond to the allegations about its working conditions and rat infestation – door-stepping not unfair – upheld Standard…...

Summary[This summary does not form part of the decision. ]During the Hauraki Breakfast Show, Deborah Stokes, mother of New Zealand-born English cricketer Ben Stokes, rang the studio to complain about what she considered to be unfair comments made by the hosts regarding her son, and to defend him. Mrs Stokes asked to speak with someone off air. Host Matt Heath assured Mrs Stokes she was off air, when in fact the conversation was being broadcast live on air. The Authority upheld a complaint that the action taken by NZME, having upheld Mrs Stokes’ complaint under the fairness and privacy standards, was insufficient. The broadcast, and particularly the hosts’ deceptive conduct, represented a significant breach of broadcasting standards and a lack of understanding of an individual’s fundamental right to fair treatment and to privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 82/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WHANAU SOCIAL SERVICES INC of Flaxmere Broadcaster TE REO IRIRANGI O NGATI KAHUNGUNU INC (Radio Kahungunu) J Potter Chairperson L M Loates R McLeod...

The Authority has not upheld a complaint about a segment of Punjabi talkback programme Dasam Granth Da Sach. During the programme the host made comments about a well-known female Sikh preacher, including that she should marry a Taksali (traditionally trained Sikh) rather than a Jāgaruka (enlightened Sikh), because she supports the ideology of the former, and because husbands ‘in our society’ resort to beating when offended by their wives. The host also used words that can carry sexual connotations but, in the specific context of the broadcast, were unlikely to do so. The Authority acknowledged the potentially offensive nature of the comments to some people, but found overall the potential harm arising was not at a level justifying regulatory intervention or restriction of the broadcaster’s right to freedom of expression on this occasion. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration, Violence, Privacy, Fairness...

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....

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

SummaryA prison officer who was accused of impregnating a prison inmate was the subject of a news item broadcast on 3 National News on 12 August 1998 between 6. 00–7. 00pm. B of Wellington complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her family’s privacy was breached, as footage of their family home was included in the item. In fact, she wrote, it was her partner’s brother who had been accused. He had never lived at their address. She emphasised that her family had been caused great distress by the broadcast. TV3 responded that it went to B’s address having made its own inquiries as to where the prison officer lived. It advised that it was apparent when the reporter knocked on the door that the man who answered the door did not wish to be interviewed....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item about life and death of Antonie Dixon – showed death certificate – contained name of paramedic who responded to medical emergency – allegedly in breach of privacy Findings Standard 3 (privacy) – paramedic’s name and involvement in Mr Dixon’s case not private facts – death certificate is a public document – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 2 March 2009, discussed the life and death of Antonie Dixon, who was convicted of several charges including murder, and later found dead in his cell at an Auckland prison. While the reporter and Mr Dixon’s sister discussed his death, Mr Dixon’s death certificate was shown on screen....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 104/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRANT SUMNER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – interview with motorbike stuntman at the Western Springs Speedway – showed footage of two men operating leaf blowers outside the speedway – allegedly in breach of privacyFindingsStandard 3 (privacy) – broadcast did not disclose that complainant was completing a community work sentence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 11 October 2006, included an interview with one of the “Crusty Demons” – a motorbike stunt team which was visiting New Zealand. The item was filmed mostly at the Western Springs Speedway. At the conclusion of the segment, footage of two men operating leaf blowers in a surrounding area of the speedway was shown....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-128 Decision No: 1997-129 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CRIMINAL BAR ASSOCIATION of NEW ZEALAND INC Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-064 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D of Palmerston North Broadcaster 92. 2XS (Palmerston North) S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on Air Force helicopter crash on ANZAC Day – first reporter reported from the site of the crash – second part of the item showed photographs of the men who died, parts of their Facebook pages and past interviews with them – showed footage of the sole survivor being taken to an ambulance on a stretcher – item included comment from head of the Air Force – allegedly in breach of privacy FindingsStandard 3 (privacy) – privacy standard does not apply to deceased individuals – servicemen’s family members not identified – no private facts disclosed about surviving serviceman – footage of survivor not obtained by prying – broadcaster exercised adequate care and sensitivity – information about the crash and the survivor of legitimate public interest – not upheld This headnote does not form part of the decision....

Summary The re-capture of escaped prisoner Jeffrey Michael Bullock was dealt with in an item on One Network News broadcast at 6. 00pm on 14 June 1999. Mr Bullock, a convicted murderer, was re-captured after six years on the run, and the item included an interview with his father and ten year-old son. JJ, the mother of the ten year-old boy, complained directly to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act 1989, that the broadcast had breached her son’s privacy. She had not given her consent to the interview, she said, and she advised that she would have objected strongly had she been asked. She described TVNZ’s actions as inexcusable. Pointing out that the boy had been visiting his grandfather, and that both the grandfather and the boy had consented fully to the interview, TVNZ did not consider that the broadcast breached the boy’s privacy....