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The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

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: 1/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by Mrs S. Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Summary The manager of the Chatham Islands Millennium Project was interviewed by Kim Hill on the programme Nine to Noon broadcast on National Radio on 28 January 1999 at 9. 45am. At the conclusion of the interview, he was asked to explain whether his previous conviction for fraud had been an impediment in this role. Mr P F Smith, Mayor of the Chatham Islands Council, complained to Radio New Zealand Ltd, through the Broadcasting Standards Authority that the interviewer had acted unprofessionally in raising that issue. The Council sought a ruling from the Authority to censure the broadcaster, he wrote. In its response, RNZ argued that as a significant amount of public money had been granted to the Chatham Islands Millennium Project, it was considered reasonable to raise the matter of the Project Manager’s background....

Complaints under section 8(1)(c) of the Broadcasting Act 1989 Holmes – two items about allegations of sexual abuse against former church worker – described in second item as “sexual monster” – named and photographs shown – alleged breach of privacy – second item included recent footage of church worker allegedly taken without permissionFindings Standard 3 (Privacy) and Guideline 3a – Privacy Principles (i), and (iv) – disclosure was a breach of privacy principle (i) but justified in the public interest – not upheld Standard 3 (Privacy) and Guideline 3a – Privacy Principles (iii) – footage of man taken from public place – not upheld This headnote does not form part of the decision. Broadcast [1] Allegations of sexual abuse by the former supervisor at an orphanage run by the Presbyterian Church in the 1970s were made in items on Holmes broadcast on TV One at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Summary [This summary does not form part of the decision. ] Hosts and a guest on the Otago student radio station, Radio One, made comments about a well-known Dunedin resident, including that he had been in a psychiatric hospital, and that his parents locked him up as a child because he was slow and an embarrassment to them. The Authority upheld the complaint that this breached the man’s privacy. The information disclosed had the quality of private information whether or not it was true. It was sensitive in nature and attracted a reasonable expectation of privacy. The broadcaster accepted that the comments were unacceptable and in poor taste, so the Authority did not make any order, but encouraged Radio One to take remedial steps as it saw fit....

Download a PDF of Decision No. 1991-016–018:Hon Sir Roger Douglas, Hon Richard Prebble and Rt Hon David Lange and Television New Zealand Ltd - 1991-016, 1991-017, 1991-018 PDF2. 98 MB...

Summary[This summary does not form part of the decision. ]An item on ONE News discussed the difficulties first-home buyers face in attaining a Government HomeStart financial grant. At the end of the item, the reporter discussed the increase in the number of overseas buyers in Auckland. During this segment, footage of three people walking into an open home from the road was shown. At the end of the item, this group and one other individual were shown getting into a car parked in the street, with the number plate clearly visible. The Authority did not uphold a complaint that this footage breached the group’s privacy. While the individuals walking to the car were identifiable, none of their personal details were disclosed, and they had no reasonable expectation of privacy in the circumstances....

Summary An announcer on 95bFM broadcast himself leaving a sexually suggestive message on P’s answerphone, on 10 October 1997 at about 8. 45am. P is involved with a community standards lobby group which featured in news reports at the time. P complained to the Authority under s. 8(1)(c) of the Broadcasting Act 1989 that it was an invasion of her privacy to leave such a message on her answerphone and to use the airwaves to deride her. In its response to the Authority, the station denied that P’s privacy was breached, pointing out that her name was publicly available in another medium at the time. It apologised for the announcer’s role in the matter, and explained that his comments were directed at the group which P represented, and not at her personally. It reported that the announcer had been formally warned that leaving a malicious message was unacceptable behaviour....

SummaryThe results of a paternity test were revealed live during the broadcast of You be the Judge on TV2 on 29 March 1999 beginning at 8. 00pm. The child, who was 6 years old, was present in the studio when it was revealed that his mother’s former husband was his father. The Commissioner for Children, Ursula Cheer, John Caldwell and David Rowe, Gillian Davies, Marianne Hardgrave, Mike Doolan on behalf of the Children Young Persons and their Families Agency, Charles and Helen Harrington-Johnson, Bronwyn Hayward on behalf of the Children’s Television Foundation and Aroha Reihana complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast violated the child’s right to privacy....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments about the complainant in relation to discussion about whether tobacco should be phased out as a legal product – allegedly in breach of privacy, inaccurate and unfair Findings Standard 5 (accuracy) – subsumed into consideration of Standard 6 Standard 6 (fairness) – not necessary to inform the complainant he would be referred to on the programme – host misrepresented complainant's views when he told listeners that the complainant believes smoking is a “Pakeha plot to kill Māori” and tells his clients that –complainant’s personal and professional reputation affected – unfair – upheld Standard 3 (privacy) – complainant was identifiable – complainant did not have reasonable expectation email correspondence would remain private when aware of the host’s media role – no private facts disclosed – not upheld This headnote does not form part of the decision.…...

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....

Summary [This summary does not form part of the decision. ] A Campbell Live item reported on a convicted fraudster, X, and contained interviews with her ‘victims’, including a disabled man who had advanced money to X on the basis her daughter would become his wife. A photo was shown of his supposed wife-to-be (the complainant). The Authority did not uphold her complaint that showing her photograph breached her privacy. While it was unfortunate, very few people would have identified the complainant, there was no suggestion she was involved in the scam, and viewers were more likely to think the photo was not legitimate, so the disclosure was not highly offensive. Not Upheld: Privacy Introduction [1] An item on Campbell Live reported on a convicted fraudster, X, who allegedly took advantage of vulnerable people....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

ComplaintTarget – unauthorised filming on private premises – breach of privacy FindingsPrivacy principles (i) and (iii) applied – footage inoffensive – no breach of privacy – no uphold This headnote does not form part of the decision. Summary A hidden camera was used on a Target programme broadcast on TV3 on 9 July 2000 to assess whether a car’s wheel alignment had been properly carried out. The footage broadcast included pictures of the outside of the business premises, and members of the staff dealing with the customer. Chris Clarke, the proprietor of Action Auto Services, complained to the Broadcasting Standards Authority about the broadcast, arguing that the filming had been carried out unlawfully on his premises. His complaint concerned the promos for the programme as well as the programme itself....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...