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Decisions
JS and TVWorks Ltd - 2011-122
2011-122

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live, 3 News and The Jono Project – items included hidden camera footage of reporters wearing burqas and speaking to the complainant outside her shop – complainant refused reporters entry to her shop and questioned their style of dress – items commented on complainant’s behaviour – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – guideline 6c – footage obtained through misrepresentation and complainant was not informed of the nature of her participation – footage not justified by the public interest – complainant should have been given an opportunity to respond to the negative portrayal of her in the programmes – upheld Standard 3 (privacy) – complainant identifiable – broadcasts did not disclose any private facts – filming occurred in a public place and complainant not particularly vulnerable – not upheld Standard 5 (accuracy) – 3 News and Campbell Live…...

Decisions
J and 92.2XS - 1998-023, 1998-024
1998-023–024

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-023 Decision No: 1998-024 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J of Palmerston North Broadcaster 92. 2XS (Palmerston North) S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
JK and Māori Television Service -2020-088 (24 February 2021)
2020-088

The Authority upheld a complaint about an item on Te Ao Māori News concerning a Northland community’s opposition to the alleged conversion of a neighbouring farm track into a roadway. The Authority found the item inaccurately stated the works undertaken on the roadway were ‘unauthorised’ (and other aspects of the item had contributed to this impression). It was not satisfied the broadcaster made reasonable efforts to ensure accuracy. The item also had the potential to mislead by omission, as it did not tell the other side of the story or include countering comment from the farm owners, which may have altered viewers’ understanding of the situation. The Authority also found broadcasting footage filmed by a third-party of the farm owners on their private property amounted to a highly offensive intrusion upon their interest in solitude and seclusion, in breach of the privacy standard....

Decisions
CG and Television New Zealand Ltd - 2013-082
2013-082

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....

Decisions
Marino and MediaWorks Radio Ltd - 2020-019 (4 August 2020)
2020-019

In an episode of Mai Home Run, one of the radio presenters related a story about accidentally taking and not returning a bag containing items, including a gaming console, belonging to Lil’ Romeo. The presenter also disclosed the name of one of the people involved in the story. The Authority upheld the complaint that the item breached the privacy standard, finding that the named individual was identifiable and would have had a reasonable expectation of privacy in relation to the information disclosed. The Authority also found the disclosure to be highly offensive to a reasonable person, as it had the potential to significantly damage the named person’s reputation. The Authority did not uphold the complaint under the law and order standard, finding that in context the broadcast did not encourage or actively promote serious anti-social or illegal behaviour....

Decisions
Hunt and Radio New Zealand Ltd - 1994-079
1994-079

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 79/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SAM HUNT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
IY and MediaWorks TV Ltd - 2018-032 (5 September 2018)
2018-032

Summary[This summary does not form part of the decision. ]On 13 March 2018, an item on Newshub reported on allegations of sexual assault and harassment at a Young Labour camp. The item included photos of the camp attendees, sourced from public social media accounts, with no masking or blurring. The Authority upheld a direct privacy complaint from IY, who was featured in the photos, that this item breached their privacy. The Authority noted the value of the broadcast in reporting on the response of the Labour Party to the allegations, but emphasised the high level of potential harm that could be caused to the individuals involved....

Decisions
Vertigans and Television New Zealand Ltd - 2013-045
2013-045

Summary [This summary does not form part of the decision. ] An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The Authority did not uphold the complaint that the broadcast breached the tenant’s privacy. By the time of this repeat broadcast in June 2013, the tenant had not lived at the property for some years, so she was not identifiable from the broadcast. Nevertheless the Authority expressed concern about the production company’s ‘usual practice’ of only notifying and obtaining consent from the landlord, and not the tenant. Not Upheld: Privacy Introduction [1] An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The programme was broadcast on 23 June 2013....

Decisions
The New Zealand Woman and TV3 Network Services Ltd - 2002-018, 2002-019
2002-018–019

Complaint3 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 complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Decisions
McArthur and CanWest TVWorks Ltd - 2007-069
2007-069

Complaint under section 8(1)(b) of the Broadcasting Act 1989South Park – picture of a statue of Jesus Christ – voice said “Look at me, I’m Jesus. Would you like me to crap on you Mr Bush?...

Decisions
Blue and Television New Zealand Ltd - 2011-131
2011-131

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

Decisions
PN and Television New Zealand Ltd - 2016-041 (15 September 2016)
2016-041

Summary[This summary does not form part of the decision. ]An episode of Dog Squad featured footage taken at a named international airport in New Zealand, during which a Ministry for Primary Industries detector dog found an apple in a couple’s bag. PN, a Quarantine Officer, was shown questioning the couple about the apple and issuing them with a fine. The faces of PN and the couple, and PN’s identity tag, were blurred and PN was not named. The Authority did not uphold a complaint that the segment breached PN’s privacy. While it found that, despite the blurring, PN was identifiable in the broadcast, it did not consider that any private information was disclosed during the segment....

Decisions
Waqanivala and Radio Voqa Kei Viti Aotearoa - 2017-046 (28 November 2017)
2017-046

Summary[This summary does not form part of the decision. ]During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression....

Decisions
JNJ Management and Radio New Zealand Ltd - 2017-095 (18 April 2018)
2017-095

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported that the Sky World building, a multi-storey entertainment complex in central Auckland, had not been issued with a warrant of fitness in 435 days, and that the building remained open throughout that time, with the knowledge of Auckland Council, despite critical fire safety compliance issues. The item (which was broadcast on free-to-air television as well as on radio) included footage of the reporter attempting to contact the owner of the complex, ‘A’, visiting his home and offices, where he spoke to two employees, ‘X’ and ‘Y’. JNJ Management made a direct privacy complaint to the Authority, submitting that these segments breached the privacy of A and his employees....

Decisions
D and 92.2XS - 1998-064
1998-064

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...

Decisions
YH and Television New Zealand Ltd - 1997-172, 1997-173
1997-172–173

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-172 Decision No: 1997-173 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Y H of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Sutton and The Radio Network of New Zealand Ltd - 1997-022
1997-022

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-022 Dated the 6th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAM SUTTON of Porirua Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Watkins and The RadioWorks Ltd - 2002-128–143
2002-128–143

ComplaintThe Rock – a number of complaints – breach of privacy – using the airwaves to ridicule and denigrate – unfair – unjust Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) s. 4(1)(c) – privacy – no identification – no uphold (3) Principle 5 – 6 December broadcast – no uphold11 December broadcast (6. 19am) – threatening and intimidatory – uphold11 December broadcast (8. 35am) – suggesting someone has mental problems unfair – uphold12 December broadcast (6. 22am) – no uphold12 December broadcast (6. 54am) – no uphold13 December broadcast – abusive and threatening – uphold20 December broadcast – no uphold7 January broadcast – no uphold Orders(1) Broadcast of statement(2) $250 reimbursement of reasonable legal costs and expenses This headnote does not form part of the decision. Summary [1] R K Watkins complained to the Broadcasting Standards Authority under s....

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