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Warning: This decision contains content that some readers may find distressing. On 15 March 2019 a special 1 News broadcast covered the terrorist attacks on two Christchurch mosques. The broadcast featured footage of victims being taken into hospital, many of whom had visibly sustained gunshot injuries and/or were identifiable. The Authority did not uphold two complaints that the coverage breached the privacy standard. The Authority found that media coverage of this event had high public interest in light of the unprecedented nature of extreme violence that occurred. The media had an important role to play in informing the public of events as they unfolded, including the nature and scope of injuries suffered and the action of first responders, including medical personnel. The Authority acknowledged that the repeated use of footage of identifiable victims amounted to a breach of privacy but found that the public interest defence applied....

The Authority did not uphold a complaint about an item on Nine to Noon with Kathryn Ryan that featured interviews with National Secretary of the New Zealand Professional Firefighters Union, Wattie Watson, and previous board member of the United Fire Brigades' Association (UFBA), Judith Stanley, about the handling of complaints by UFBA, and an investigation into its chief executive, Bill Butzbach, citing allegations made against him, and the board’s chair, Richie Smith. The complaint was that the item breached the balance, accuracy, privacy and fairness standards on the basis it gave undue prominence to the ‘ill-informed’ views of those with a vested interest in discrediting the UFBA, and did not present the views of the UFBA and facts provided by it until the very end. The Authority found the item achieved balance and fairness by giving the UFBA a reasonable opportunity to respond, and including its statement....

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA teenager who was reported in a 3 News item as “believed” to have died in a Christchurch house fire (which killed her father, her father’s wife, her grandmother and a boarder), complained that the item was inaccurate, and had “shocked, upset and angered” many of those who knew her. She claimed the item was also unfair, and breached her father’s privacy as well as her own. The Broadcaster’s ResponseCanWest argued that the item was accurate because the report said the identities of the four dead were “believed to be 58-year-old Japanese immigrant Junichi Tomonaga and his wife, his teenage daughter and his mother or mother-in-law”....

Complaint under section 8(1A) of the Broadcasting Act 1989One News – footage of interpreter during murder trial – High Court ruled that interpreter’s image was not to be broadcast – allegedly in breach of privacy FindingsStandard 3 (privacy) – disclosure of complainant’s presence at trial would not be considered highly offensive by an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 23 July 2009 reported that the Justice Minister was calling for the repeal of the defence of provocation, following the conclusion of two murder trials. [2] The item included footage of both murder trials. Two brief shots of one of the defendants sitting in the dock were shown, with a woman sitting alongside the dock....

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....

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)(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....

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(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....

Summary [This summary does not form part of the decision. ]An episode of Seven Sharp reported on alleged ‘cat killers’ in Raglan. The Authority did not uphold the complaint that the item breached the privacy of the child of the alleged cat killers. The accused were not named, shown, or otherwise identified in the item, so no individual, and specifically the child, could be linked to them, meaning the child was not ‘identifiable’ for the purposes of the privacy standard. Not Upheld: Privacy Introduction[1] An episode of Seven Sharp reported on alleged ‘cat killers’ in Raglan after 30 cats went missing in past the year. A reporter travelled to Raglan and interviewed a local filmmaker who recently released a short documentary that aimed ‘to find out why it was happening and who was behind it’....

Summary[This summary does not form part of the decision. ]An item on Campbell Live sought to investigate allegations of misconduct within Gloriavale Christian Community. A reporter and a cameraman visited Gloriavale and spoke to two senior members of the community. The Authority did not uphold a complaint that the broadcast breached these men's privacy. While the circumstances of the filming may have amounted to 'prying', the broadcast did not disclose any private information about the men in a manner that was highly offensive. Not Upheld: Privacy Introduction[1] An item on Campbell Live sought to investigate allegations of misconduct within the Gloriavale Christian Community. A reporter and a cameraman visited the community and spoke to two senior members, Fervent Stedfast and Howard Temple, at the entrance to the community's office. Footage and audio of the conversation was broadcast....

Summary[This summary does not form part of the decision. ]A ONE News item reported on a local murder trial and included footage of a witness giving evidence in court. The witness was named but his face was not shown and his voice was disguised. The Authority did not uphold a complaint from a member of the public that the item breached the witness’s privacy. While he was identifiable in the item, no private information was disclosed about him. The footage of the witness was taken during open court and there was no name suppression order in place. The evidence the witness gave at trial had already been widely reported by other media outlets at the time of broadcast. Therefore, the witness had no reasonable expectation of privacy over the information disclosed about him, and his privacy was not breached....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

The Authority upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb. It featured an interview with a resident reported as being ‘too scared to be identified’. Close-up footage, including a side-on view of part of her face (unblurred), revealed her demographic, gender, the length and colour of her hair, voice, profile of her nose, clothes, watch, a distinctive ring and the side of her glasses. The Authority found these features enabled identification of the interviewee beyond family and close friends. Their disclosure would be highly offensive to an objective reasonable person in her position, given she participated on the understanding she would not be identified. The Authority was not persuaded the defence of informed consent applied to the breach of the woman’s privacy....

Summary [This summary does not form part of the decision. ] An item on Campbell Live focused on a travel agency whose customers alleged that trips they had paid for had not been booked. During the item a brief exchange took place between the reporter and a ‘family friend’ of the owners of the travel agency, the complainant, outside the vacant agency. The Authority did not uphold a complaint that the broadcast breached Mr Malakouti’s privacy. The footage was filmed in a public place and the item did not disclose any private facts about him. There was no suggestion Mr Malakouti was associated with the travel agency, so the broadcast of the footage was not highly offensive. Not Upheld: Privacy  Introduction [1] An item on Campbell Live focused on a travel agency whose customers alleged that trips they had paid for had not been booked....

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....