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Decisions
MacRaild (on behalf of CORSO Inc) and Television New Zealand Ltd - 1990-030
1990-030

Download a PDF of Decision No. 1990-030:MacRaild (on behalf of CORSO Inc) and Television New Zealand Ltd - 1990-030 PDF767. 92 KB...

Decisions
CE and Television New Zealand Ltd - 2014-120
2014-120

Summary [This summary does not form part of the decision. ]My Kitchen Rules showed the contestants shopping at a Countdown supermarket in Christchurch, in which the complainant was briefly visible in the background. The Authority declined to uphold the complaint that the footage of the complainant breached her privacy. The footage was extremely fleeting and she would have been identifiable to only a very limited group of people, paying close attention to the footage. The complainant's whereabouts were not a private fact because she had voluntarily disclosed this on social and professional networking sites and this information, along with her employment at the Countdown store, were disclosed in a press release. Not Upheld: PrivacyIntroduction[1] During My Kitchen Rules, a competitive cooking show, the contestants were filmed shopping at a supermarket in Christchurch. The complainant, CE, was shown very briefly in the background....

Decisions
VR and Apna Networks Ltd - 2014-033
2014-033

Summary [This summary does not form part of the decision. ]APNA 990 broadcast a segment disclosing that a named company allegedly owed it money and asking for the director of that company to 'contact us [as soon as possible] to sort out the account'. The Authority upheld the complaint that the broadcast breached the privacy of the company director because a debt is a private matter between the debtor and the person or company to whom the debt is owed. The disclosure was highly offensive as the complainant could reasonably expect the debt to remain private, and there was no public interest in disclosing it to the public at large....

Decisions
JW and MediaWorks TV Ltd - 2016-058 (15 December 2016)
2016-058

Summary[This summary does not form part of the decision. ]An item on Story explored the issue of unconscious bias. During the introduction, footage of members of the public walking down the street was shown. Each individual was zoomed in and highlighted with special effects. The Authority upheld a complaint from JW, one of the individuals shown, that she was unfairly ‘showcased’ during the segment. Rather than being a face in the crowd, the edited footage used filming techniques that singled out the complainant and drew her into the issue under discussion without her knowledge or consent. This unduly impacted on her dignity and was unfair. The Authority recognised that bias is a sensitive issue and has the potential to cause hurt and offence. It is also an important social issue....

Decisions
Spence and TVWorks Ltd - 2012-032
2012-032

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – reporter went in search of the famous actor Michael Crawford in Kerikeri – locals were informed that he lived in the area – part of Mr Crawford’s gate was shown – allegedly in breach of privacy FindingsStandard 3 (privacy) – Mr Crawford was identifiable – item did not disclose any private facts about Mr Crawford – not upheld This headnote does not form part of the decision. Introduction [1] During an item on Campbell Live, broadcast on TV3 on 15 March 2012, a reporter travelled to the small Northland town of Kerikeri in search of British actor Michael Crawford at his “South Pacific hideaway”. A number of locals were shown footage of Mr Crawford in his various roles and were informed that he lived in the area....

Decisions
HV and Television New Zealand Ltd - 2020-057 (16 November 2020)
2020-057

The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....

Decisions
EJ, Oughton & Gulf Harbour Healthcare Ltd and Television New Zealand Ltd - 2019-035 (29 October 2019)
2019-035

Two complaints from the subjects of a Fair Go investigation have not been upheld. The investigation focussed on the sale of a massage product to an elderly man with severe foot pain. The Authority found the privacy of the salesperson was not breached through the brief broadcast of their business card which contained their image and contact details. The Authority found this did not amount to a highly offensive disclosure of private information. The Authority also found the broadcasts did not breach the balance, accuracy and fairness standards, finding that the broadcasts were unlikely to significantly misinform viewers regarding the sale of the product and the product itself. The Authority also found that, while there was public interest in the story, it did not amount to a controversial issue of public importance for the purposes of the balance standard....

Decisions
Hetherington and Television New Zealand Ltd - 1995-044
1995-044

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 44/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M and B HETHERINGTON of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
O'Neill and TV3 Network Services Ltd - 1994-093
1994-093

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 93/94 Dated the 6th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MONICA O'NEILL of Rakaia Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Balfour and Television New Zealand Ltd - 2005-129
2005-129

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reporting on a Waipawa dog breeder – television crew entered complainant’s land and pried without permission – filmed pit in which dogs were buried – alleged breach of privacyFindingsStandard 3 (privacy) – actions of crew amounted to intentional interference with complainant’s interest in solitude and seclusion – intrusion was into matter complainant was entitled to keep private – majority considers intrusion offensive to reasonable person – no public interest defence – discussion of principles of interpretation of privacy principle (iii) – discussion of principles relating to public interest – majority upholdNo OrderThis headnote does not form part of the decision....

Decisions
Mayne and TVWorks Ltd - 2012-026
2012-026

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item reported on disabled boy who was left alone on a school bus for four-and-a-half hours – included interview with manager of the bus company responsible – allegedly in breach of privacy FindingsStandard 3 (privacy) – complainant was identifiable but item did not disclose any private facts about the complainant in a manner that would be considered highly offensive – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live, broadcast on TV3 on 8 March 2012, reported on a disabled boy who was left alone on a school bus for four-and-a-half hours. The item included interview footage of the manager of Kawerau Coaches, the bus company responsible. The manager was not named and her face was pixellated....

Decisions
Ryton Station Ltd and TV3 Network Services Ltd - 2002-005, 2002-006
2002-005–006

Complaint3 News – land owners around Lake Ida put up trespass notices and take control of skating on the lake – Lake Ida Winter Sports Association accompanied by film crew breach trespass order – disrespect of law and breach of privacy. FindingsStandard G5 – disrespect for the law not encouraged – no uphold Privacy Principles – do not apply to companies – no uphold This headnote does not form part of the decision. Summary [1] A disagreement about the control of ice skating on Lake Ida between the Lake Ida Sports Association and the surrounding landowners was covered in a news item. The item, broadcast on 3 News on 26 July 2001 beginning at 6. 00pm, included footage of a trespass notice....

Decisions
M and Radio 531 PI - 2001-028
2001-028

ComplaintRadio 531 PI News – report that 20 year old Tongan man had died as a result of suicide – privacy – inaccurate FindingsPrivacy Principle (i) – highly offensive fact – father identified – no public interest – breach OrderS13(1)(d) compensation – $500 This headnote does not form part of the decision. Summary A news item on 531 PI broadcast on 13 June 2000 reported that a 20 year old Tongan man, the son of an official in a named Church, had died as a result of suicide and that a service was being held for him the next day. M, the victim’s brother, complained to the Broadcasting Standards Authority that the broadcast breached his family’s privacy, by naming his father. He also pointed out that at the time of the broadcast, the Coroner had not completed a report on the death....

Decisions
de Villiers and TVWorks Ltd - 2012-103
2012-103

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item reported on high profile immigration case involving Chinese millionaire William Yan – disclosed Mr Yan’s address and showed footage of Mr Yan’s business assistant in the lobby of the apartment building where Mr Yan lived – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – Mr Yan’s address was not disclosed for the purposes of encouraging harassment as envisaged by privacy principle 4 – no evidence that harassment resulted from the disclosure – apartment building lobby was accessible to the public so neither Mr Yan nor his business assistant had a reasonable expectation of privacy there – item did not breach the privacy of Mr Yan or his business assistant – not upheld This headnote does not form part of the decision....

Decisions
SB and Sun FM Whakatane - 2001-024, 2001-025
2001-024–025

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....

Decisions
Vavasour and TV3 Network Services Ltd - 2000-051
2000-051

Complaint3 News – child participants – mother’s consent – children of gang member sought by police – privacy – good taste – fairness – upheld by broadcaster FindingsAction taken by broadcaster sufficient This headnote does not form part of the decision. Summary Two pre-school children were shown in news items broadcast on 3 News at 6. 00pm and 10. 30pm on 25 January 2000. They were described as the children of a member of the "Screwdriver Gang" who was being sought by police in connection with armed robberies in Auckland. Kris Vavasour complained to TV3 Network Services Ltd that the privacy of the two young children had been breached. She also complained that it was a breach of the good taste standard and unfair to show footage of the children in a way which publicly identified them....

Decisions
Djurdjevic and MediaWorks TV Ltd - 2016-004 (15 September 2016)
2016-004

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Decisions
CD and Television New Zealand Ltd - 2003-075
2003-075

ComplaintAssignment – mental health system – complainant a mental health campaigner – introduced as mother of schizophrenic – prior agreement not to refer to her family – unfair – breach of privacy – upheld by TVNZ only as unfair FindingsPrinciple 3 and Guideline 3a – privacy principle (i) – disclosure of mental illness highly offensive and objectionable – breach of mother’s and son’s privacy – uphold OrdersCompensation of $1500 to the complainant; Contribution to the payment of CD’s expenses of $750. This headnote does not form part of the decision. Summary [1] Issues about the mental health system in New Zealand were addressed in Assignment broadcast on TV One at 8. 35pm on 7 November 2002. The complainant is a mental health campaigner and agreed to participate so long as there was no reference to her family....

Decisions
Arthur and Television New Zealand Ltd - 2006-115
2006-115

Complaint under sections 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989One News – item about the Teachers Council registering people with convictions – referred to the case of a high school teacher who had been “convicted of supplying P to four students” – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) and privacy principle 2 – insufficient time had passed for public fact to become private – not upheld Standard 5 (accuracy) – while item was ambiguous as to whether Mr Arthur supplied P to his own students, it was inaccurate to state that he supplied P to students – upheld Standard 6 (fairness) – unfair to state that Mr Arthur supplied P to students – upheld No Order This headnote does not form part of the decision....

Decisions
Russek and Television New Zealand Ltd - 2007-016
2007-016

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about the disappearance of a six year old boy who had allegedly been kidnapped by his maternal grandfather – acting on an anonymous tip, reporter went to a remote farm and filmed an interview with the property owner – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) – broadcasting footage of complainant filmed on private property without his knowledge amounted to a breach of privacy principle 3 – no public interest in broadcasting the footage – upheld Standard 6 (fairness) – programme did not leave a negative impression of complainant – not unfair – not upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,000 Section 16(1) – payment of costs to the complainant $574....

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