Search Rapua

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-138 Decision No: 1997-139 Dated the 13th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Mrs B of Napier Broadcaster H B MEDIA GROUP LTD of Hastings S R Maling Chairperson L M Loates R McLeod J Withers...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-067 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C W of Auckland Broadcaster MAX TV LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary An item on the Holmes programme examined the situation of a woman and her eight year old son who was described as suffering from Attention Deficit Disorder Syndrome. Footage of the child, exhibiting what were said to be some behavioural problems of the syndrome, was shown on the programme which was broadcast on TV One on 4 March 1999 commencing at 7. 00 pm. Ms Burnell complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme violated the child’s rights of privacy and confidentiality. He was identified by his first name, his face was visible, and he clearly expressed his total opposition to being filmed for public viewing, she wrote....

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintInside New Zealand – debt collection – privacyFindings Privacy – identification – private facts revealed – no public interest – upholdOrderCompensation of $500 to complainant This headnote does not form part of the decision. Summary A documentary about debtors and debt recovery workers was the subject of an Inside New Zealand programme broadcast on TV3 on 7 June 2000 at 8. 30pm. A debt recovery worker was seen outside the home of a couple with a number of children, who were said to have a debt of $1600. M complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy and the privacy of her family was violated by the broadcast, which included footage of family members filmed through a fence, and a recording of the conversation between M and her husband and the debt recovery worker....

The Authority upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb. It featured an interview with a resident reported as being ‘too scared to be identified’. Close-up footage, including a side-on view of part of her face (unblurred), revealed her demographic, gender, the length and colour of her hair, voice, profile of her nose, clothes, watch, a distinctive ring and the side of her glasses. The Authority found these features enabled identification of the interviewee beyond family and close friends. Their disclosure would be highly offensive to an objective reasonable person in her position, given she participated on the understanding she would not be identified. The Authority was not persuaded the defence of informed consent applied to the breach of the woman’s privacy....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-135 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GARY JAMES of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryA new dietary supplement, aimed at men with prostate problems, was the subject of an item on One Network News broadcast on 7 July 1998 between 6. 00–7. 00pm. The item included interviews with a representative of the company which markets the product, a urologist, and a man who believed his prostate cancer was under control because of the supplement. Mr James complained to Television New Zealand Ltd, the broadcaster, that the promotion of the product amounted to an advertorial and was irresponsible as it did not alert viewers to its known toxic effects. Furthermore, he questioned the qualifications of the product’s promoter to make medicinal recommendations on a prime time news programme. In its response, TVNZ denied that the item was an advertorial, pointing out that it was initiated by TVNZ because it was considered newsworthy....

SummaryA radio station announcer, claiming he was doing a survey on STDs, telephoned a woman and asked a number of personal and intimate questions. The call was broadcast live on The Edge on 30 November 1998 at about 4. 00pm. J, the woman who received the call, had identified herself using her first name and employer’s name. She complained to the station that the call was a serious invasion of her privacy as she was never told that the caller was from a radio station, or that it was being broadcast live. J said the comments ranged from being personal to obscene, and cited some examples. When the matter was referred to the station initially, J received an apology both from the station manager and the announcer....

Summary[This summary does not form part of the decision. ]During The Edge’s Smash! 20 countdown show, a caller successfully answered a series of questions based on the songs in the countdown and won a prize. While taking the caller’s personal details, the announcer left the phone channel in ‘on-air’ mode and inadvertently broadcast the caller’s full name, address, school, date of birth and mobile number. The Authority upheld a complaint that the broadcast breached the caller’s privacy. The caller was clearly identifiable and disclosed a high level of personal detail on air, over which she had a reasonable expectation of privacy. The Authority acknowledged the caller’s disclosure was the result of an unfortunate technical error on the announcer’s part, and that the broadcaster took immediate actions to respond to the breach. The Authority did not make any order in these circumstances. Upheld: PrivacyNo OrderIntroduction[1] During The Edge’s Smash!...

Summary[This summary does not form part of the decision. ]A segment on Thane & Dunc included an interview with a man, X, who had a relationship with a couple (the complainant and Z). During the interview, X described the nature of the relationship. He did not name the couple, referring to them as ‘A’ and ‘B’. A second interview with X was broadcast the following day, during which the hosts told X they had spoken with the couple, who alleged the relationship was abusive. The hosts interrogated X about his behaviour, then demanded X apologise and agree to make no further contact with the couple involved. The Authority upheld a complaint that these broadcasts breached the privacy of the complainant and Z....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – hidden camera footage of caregivers hired to look after elderly actor – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) and privacy principle 3 – caregivers had an interest in seclusion – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – individual caregivers did not provide informed consent – public interest did not outweigh breach of individuals’ privacy – upheld Standard 6 (fairness) and guideline 6c – footage obtained “through misrepresentation or deception” – not required to use deception in the public interest – unfair to broadcast hidden camera footage – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast at 7. 30pm on 3 July 2007....

Summary An item broadcast on One Network News between 6. 00–7. 00 pm on TV One on 12 March 1998 reported on the Auckland trial of Malcolm Rewa who had been charged with murder, and several counts of sexual violation. The item referred to evidence given that day by a witness who had been raped by Rewa ten years previously. Footage showed street signs and the streets where the witness had lived and was attacked, and the gang safe house where she was taken after the attack. The report described her as the girlfriend of a gang member, and used her first name. A complaint was made to the TVNZ newsroom by a family member shortly after. The report was repeated unchanged during Tonight, broadcast at 9. 30 pm the same night....

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....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-026 Decision No: 1996-027 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SUZI ARCHER of Wellington Broadcaster PIRATE FM of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

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....