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The Authority has upheld one aspect of a privacy complaint regarding an episode of A Question of Justice which contained sensitive and traumatic photos of the complainant. The programme contained a re-enactment of an assault on the complainant in 2008, and showed photos of the complainant in hospital with extensive injuries and in a state of undress. The Authority found that while the photos had previously been broadcast in 2009, the sensitive surrounding circumstances and traumatic nature of the photos, combined with the passage of time since they had last been made public, meant the photos had become private again (especially since the complainant had no prior knowledge of this broadcast)....
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....
ComplaintMore FM – radio competition – disclosure of work-place – unfair – breach of privacyFindingsPrinciple 3 Guideline 3a – Privacy Principle (v) – complainant’s work-place private information – uphold – apology to complainant sufficientPrinciple 5 – broadcaster upheld complaint – action taken sufficientNo OrderThis headnote does not form part of the decision. Summary[1] On 10 May 2002, B entered a radio competition on More FM in Dunedin. B’s work-place details were broadcast, after he had specifically stated that he did not want his work-place disclosed on-air. [2] B complained to More FM, the broadcaster, that the broadcast breached his privacy and was a "blatant and deceitful" breach of the requirement that broadcasters deal justly and fairly with any person taking part in a broadcast. He also complained directly to the Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the same broadcast had breached his privacy....
Summary[This summary does not form part of the decision. ]A story on 60 Minutes featured tragic driveway accidents involving children. Part of the story focused on the death of an 18-month-old boy, and the subsequent struggles of his mother. The mother also discussed her other son, S, and photos and footage were shown of him. The Authority upheld a complaint from S's father that the programmes breached S's privacy. S was identifiable by name and image, he was linked with details of his mother's drug addiction and prostitution which constituted private facts and this disclosure was highly offensive. In the circumstances the broadcaster's primary concern ought to have been the best interests of the child, regardless of any consent obtained. The Authority recognised the value and public interest in the story but this was outweighed by the need to protect the child....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 21/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by Ms P Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
Complaint under section 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported that a man had drowned trying to save two children – showed footage of ambulance officers performing CPR and then apologising to the man’s family because they could not revive him – showed family grieving next to the body – allegedly in breach of good taste and decency and privacy FindingsStandard 3 (privacy) – standard does not apply to deceased persons – item included prolonged and close-up footage of grieving family members – offensive intrusion into highly vulnerable and distressing moment – privacy of family members breached – upheld by majority Standard 1 (good taste and decency) – unclassified news programme aimed at adults – not upheld No Order This headnote does not form part of the decision....
Download a PDF of Decision No. 1990-006:Walker and Triple M Ltd - 1990-006 PDF1. 3 MB...
Complaint Babies – documentary about 47-year-old woman having fifth child – first child when aged 18 – adopted at birth – adopted child shown and first name given – consent not given to broadcast the material – breach of privacy of child – complaint upheld – material objected to edited out in case of rebroadcast – action taken insufficient FindingsAction taken insufficient – $500 compensation This headnote does not form part of the decision. Summary The episode of Babies broadcast on 28 June 2001 told the story of "Maggie" who was having a child at the age of 47 years of age. The programme said that Maggie first gave birth when aged 18 and unmarried. It reported that the child was adopted out and included visuals of the child (as a young woman), gave her first name and said that she, too, had had a child....
SummaryA prison officer who was accused of impregnating a prison inmate was the subject of a news item broadcast on 3 National News on 12 August 1998 between 6. 00–7. 00pm. B of Wellington complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her family’s privacy was breached, as footage of their family home was included in the item. In fact, she wrote, it was her partner’s brother who had been accused. He had never lived at their address. She emphasised that her family had been caused great distress by the broadcast. TV3 responded that it went to B’s address having made its own inquiries as to where the prison officer lived. It advised that it was apparent when the reporter knocked on the door that the man who answered the door did not wish to be interviewed....
ComplaintHolmes – interview with Parekura Horomia – comments made during filming break – broadcast of private conversation – breach of privacy FindingsPrivacy – Privacy Principle (iii) – intentional interference with Mr Horomia's interest in solitude or seclusion – offensive – no consent – insufficient public interest – uphold This headnote does not form part of the decision. Summary An interview with the Minister of Maori Affairs designate, Parekura Horomia, was broadcast on Holmes on TV One at 7. 00pm on 24 July 2000. In an addendum to the interview, viewers heard a recording of comments made by Mr Horomia during a filming break about his distrust of the media. Jo Crowley complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached Mr Horomia's privacy....