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Download a PDF of this interlocutory decision:Interlocutory Decision 1999-ID001–ID008 PDF185. 96 kB...

Download a PDF of Interlocutory Decision No. ID1992-003:Centrepoint Community Growth Trust and TV3 Network Services Ltd - ID1992-003 PDF558. 63 KB...

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item reported on an Auckland homicide – showed victim’s wife and three teenage children being driven away in police car – allegedly in breach of privacy Findings Standard 3 (privacy) – footage of police car was taken in a public place – victim’s family likely vulnerable but disclosure of footage not highly offensive – not upheld This headnote does not form part of the decision. Broadcast [1] On One News, broadcast on TV One at 6pm on 26 September 2008, it was reported that a man had been stabbed and killed in Auckland. In the following item, One News reported from the suburb in which the man lived and interviewed one of his work colleagues, a man who witnessed the incident, and a member of the Auckland Police....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...

ComplaintOne News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into grief of the complainant and her family FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief took place – but valid news item and item did not include gratuitous detail – no uphold This headnote does not form part of the decision. Summary [1] The complainant, a New Zealand woman, was the victim of a rape and other serious violent offences in the United States....

ComplaintTV3 current affairs programme – breach of standards – breach of privacy FindingsPrivacy – decline to determine Standards – decline to determineThis headnote does not form part of the decision. Decision C complained to TV3 Network Services Ltd, the broadcaster, that a current affairs programme broadcast on TV3 breached broadcasting standards. C also laid a privacy complaint about the programme with the Broadcasting Standards Authority. The members of the Authority have viewed a tape of the broadcast complained about and have read the correspondence listed in the Appendix. The Authority arrives at its decision on these complaints without a formal hearing. The Authority has carefully considered the matters raised in the material provided to it by the parties....

Complaint under section 8(1A) of the Broadcasting Act 1989Heartland – programme included image of the complainant – allegedly in breach of privacyFindingsStandard P9 (privacy) – complainant was identifiable but no private facts were disclosed – disclosure of the footage of him would not be highly offensive to an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast[1] A episode of Heartland called “Grey Lynn: Summer in the City” was broadcast on TVNZ Heartland at 10. 10pm on 27 November 2010, and repeated at 8am on 28 November 2010. Near the beginning of the programme, a shot of the complainant leaning out a window in his house was briefly shown. Referral to the Authority[2] Te Awhitu Ransfield lodged a direct privacy complaint with the Authority under section 8(1A) of the Broadcasting Act 1989....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/94 Decision No: 37/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J S of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – Pakistan Flood Appeal Talkathon – caller allegedly referred to the complainant and his wife – allegedly in breach of privacy, accuracy and fairnessFindingsStandard 3 (privacy), Standard 5 (accuracy) and Standard 6 (fairness) – recording of broadcast in Hindi and translation incomplete – decline to determine under section 11(b) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast[1] At approximately 7. 30pm on APNA 990 on 26 August 2010, the radio host spoke to a caller during a Pakistan Flood Appeal Talkathon. The caller commented to the effect that his neighbours had “run away”. Complaint[2] Moh Lateef made a formal complaint to APNA Networks Ltd, the broadcaster, alleging that the caller was referring to him and his wife, as they lived on the same street as the caller....

ComplaintUnsolved – examined murder and rape of Alicia O’Reilly in 1980 – disclosed address where crimes occurred – breach of privacy of present owners FindingsPrivacy – no highly offensive private facts disclosed – no intrusion – no uphold This headnote does not form part of the decision. Summary [1] The series Unsolved examined serious crimes which have not been solved. The murder and rape of six-year-old Alicia O’Reilly was the unsolved crime dealt with in the episode broadcast at 8. 00pm on TV One on 13 May 2002. The programme included the name of the street and the number of the house where the crimes occurred, and included visuals of the house. [2] Explaining that she and her husband were the current owners of the house, Carol Irwin complained to the Broadcasting Standards Authority under s....

ComplaintShred – offensive behaviour – offensive language – sexually explicit graffiti named people living in Ohakune – privacy of named individuals breached FindingsG2 – currently accepted norms of decency and taste – uphold Privacy – no private facts disclosed – no uphold OrderBroadcast of statementCosts of $1000 to Crown This headnote does not form part of the decision. Summary Graffiti seen on a playground structure in Ohakune formed the basis for a skit on the snowboarding programme Shred, broadcast on TV2 at 10. 30pm on 7 September 2000. The presenter read out some of the sexually explicit graffiti, which included the first names of several people. Dennis Beytagh complained to Television New Zealand Ltd that he objected "in the strongest possible terms" to the content of the programme. He said he had never heard nor seen such explicit obscenities and descriptions of aberrant sexual practices being broadcast....

ComplaintClassic Hits – news items – privacy – complainant named in relation to theft charge – name suppression granted after broadcast FindingsPrinciple 8 – tape retention inadequate Privacy – public facts – no uphold Principle 5 – broadcasts not incorrect – no unfairness – no uphold This headnote does not form part of the decision. Summary A woman who had been charged with theft as an employee was named in news items broadcast on Classic Hits in Hamilton on 18 April and 2 May 2001. SF complained to The Radio Network Ltd, the broadcaster, that the news items broadcast on 18 April were incorrect and breached her privacy. TRN did not accept that the 18 April broadcast was incorrect. It noted that, at the time of the broadcasts, no name suppression order had been made by the court....

Download a PDF of Decision No. 1990-006:Walker and Triple M Ltd - 1990-006 PDF1. 3 MB...

Complaint under section 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported that a man had drowned trying to save two children – showed footage of ambulance officers performing CPR and then apologising to the man’s family because they could not revive him – showed family grieving next to the body – allegedly in breach of good taste and decency and privacy FindingsStandard 3 (privacy) – standard does not apply to deceased persons – item included prolonged and close-up footage of grieving family members – offensive intrusion into highly vulnerable and distressing moment – privacy of family members breached – upheld by majority Standard 1 (good taste and decency) – unclassified news programme aimed at adults – not upheld No Order This headnote does not form part of the decision....

Summary A news item reported that an 18 month old girl was rescued from a fiercely burning home as a result of the heroism of a fire officer. The item was screened on One Network News, broadcast between 6. 00-7. 00 pm on 15 July 1999, and repeated on Breakfast beginning at 7. 00 am the following morning. Mr Le Comte complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that footage showing the young unconscious girl receiving medical treatment was an invasion of her dignity and privacy. As the item had emphasised the fire officer’s heroism, had not disclosed offensive facts and had not ridiculed the young girl, Television New Zealand Ltd did not accept that the item had breached her privacy. For the reasons below, the Authority declines to uphold the complaints....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covered the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court explaining how his relationship with Ms Elliott began – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – details of relationship were not sufficiently explicit to require a warning – high degree of public interest – contextual factors – not upheld Standard 3 (privacy) – deceased person not an “individual” for the purposes of Broadcasting Act 1989 – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Thursday 9 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-004 Decision No: 1996-005 Decision No: 1996-006 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by COMPLAINANT L of Auckland Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on a police officer who had been dragged under a stolen patrol car – stated that the officer was the first police officer in New Zealand to undergo a sex change and was now a transsexual – allegedly in breach of privacy Findings Standard 3 (privacy) – information about the officer’s sex change was in the public domain – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Friday 15 January 2010, reported that a police officer had been dragged under a stolen patrol car which had been taken by a drunk driver from a police checkpoint in Christchurch....