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ComplaintOne News – two items – coverage of murder trial – complainant summonsed as juror – shown standing near to accused in the dock – implied supporter of accused – breach of privacy FindingsSection 4(1)(c) – broadcasts did not maintain standards consistent with the privacy of the individual – current privacy principles not applicable – uphold as breach of s. 4(1)(c) OrderCosts to complainant of $500 This headnote does not form part of the decision. Summary The trial in the Whangarei High Court of George Aaron Marson for murder was covered by Television New Zealand Ltd. An item on One News on Monday 28 May 2001 showed Mr Marson pleading not guilty. The same footage was used in an item reporting the jury’s guilty verdict screened on One News on 1 June. On each occasion, DA was shown standing behind the dock, about a metre away from the accused....

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(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....

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....

The Authority has not upheld a privacy complaint about an item covering ‘an early morning street brawl’. The complainant was briefly shown in the item speaking to police at the scene of the brawl. The Authority found that while the complainant was identifiable, the item did not disclose any private information over which she had a reasonable expectation of privacy. Not Upheld: Privacy...

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Download a PDF of Decision No. 1992-095:Edmunds and Television New Zealand Ltd - 1992-095 PDF846. 89 KB...

The majority of the Authority has not upheld a complaint an episode of the programme Renters breached the privacy of the tenants of the properties featured. The majority of the Authority did not find any of the tenants were identifiable. As the privacy standard only applies to identifiable individuals, the standard did not apply. The minority view was that the information disclosed was adequate to enable viewers, beyond family and close friends who would reasonably be expected to know about the matters disclosed, to identify one individual and the information had the quality of private information such that the disclosure breached the privacy standard. Not Upheld by Majority: Privacy...

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 has not upheld a complaint an episode of Sunday breached the complainant’s privacy, and was unfair to the complainant, by broadcasting an image taken on the complainant’s property. The Authority found the complainant was not identifiable for the purposes of the privacy standard, and was not ‘referred to’ in the broadcast for the purposes of the fairness standard. Not Upheld: Privacy, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-172 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GEORGE W GRAY of Maungaturoto Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Coastwatch – included footage of Fisheries officers enforcing blue cod catch restrictions in the Marlborough Sounds – footage shown of officers pulling up to a boat which had been fishing in a banned area and issuing an infringement notice to the skipper for breaching the fishing restrictions – occupants of the boat were shown unpixellated – allegedly in breach of privacy and fairness standards FindingsStandard 6 (fairness) – footage was matter-of-fact and not sensationalised – complainant was fined for a relatively serious offence – complainant and his companion treated fairly overall – not upheld Standard 3 (privacy) – footage taken in a public place – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Coastwatch was broadcast on TV2 on Monday 13 April 2009....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item examining proposed amendment to section 59 of the Crimes Act 1961 which would remove the defence of “reasonable force” for parents charged with assaulting their children – interviewed mother and 14-year-old son – allegedly breached the boy’s privacy, was unbalanced, inaccurate and unfair and in breach of children’s interests Findings Standard 3 (privacy) – unable to determine whether the boy consented to the interview – decline to determine Standard 4 (balance) – significant perspectives put forward – not upheld Standard 5 (accuracy) – mother was presenting her own opinion, not statements of fact, and was not an “information source” under guideline 5e – did not need to outline background information about the mother – not upheld Standard 6 (fairness) – boy was exploited under guideline 6f – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to…...

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on education programme established to prevent youth suicide and self harm – included footage of students – allegedly in breach of privacy FindingsStandard 3 (privacy) – students, teachers and parents identifiable but no private facts disclosed in broadcast and filming was in a public place – those shown not particularly vulnerable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on Friday 26 November at 6. 25pm, reported on the establishment of an education programme in a South Auckland community aimed at preventing youth suicide and self-harm. The news reader introduced the item by stating that “Kaumatua gathered to bless a South Auckland school after a number of teen deaths in the area. One is related to a circulating text message promoting self-harm”....

ComplaintSun FM – announcer’s alleged misconduct – disparaging comments about complainant – breach of privacy FindingsIssue primarily a work-related dispute Principle 7 – decline to determine Privacy – decline to determine This headnote does not form part of the decision. Decision Following a work-related dispute, an announcer at Whakatane’s Sun FM allegedly made disparaging comments about the complainant on air on one occasion, and allegedly breached her privacy on air on another. The complainant had been a voluntary worker at Sun FM. The complainant, SB, complained to Sun FM, the broadcaster, that a broadcast on 28 November 2000 breached the requirement in Principle 7 of the Radio Code of Broadcasting Practice for broadcasters to be socially responsible in programmes and their presentation. She complained to the Broadcasting Standards Authority that a broadcast on 1 December 2000 breached her privacy....

Summary [This summary does not form part of the decision. ]A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign and featured footage of a female boatie, QA, at the Takapuna Beach boat ramp. The Authority did not uphold the complaint that showing her in the item breached her privacy, and that her comment to the reporter was taken out of context which was inaccurate and unfair. Not Upheld: Privacy, Accuracy, FairnessIntroduction[1] A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign, in light of six drownings in the first week of summer. Introducing the item, the presenter stated, ‘[Our reporter] found Auckland boaties were complacent about the dangers’. In a pre-recorded item, the reporter said, ‘We’ve been at Takapuna boat ramp for just 15 minutes, and out of three boats, six of eight people on board weren’t wearing lifejackets’....