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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....

The Authority has not upheld a complaint that broadcasting an image of Julian Batchelor’s car (sign-written with ‘stop co-governance’ advertising, including Batchelor’s website domain name, and cell phone number) breached Batchelor’s privacy due to the car’s licence plate not being blurred. The Authority found that no private information had been disclosed – noting the car was parked in a publicly visible place, and the Authority has previously found brief footage of licence plates in a broadcast does not amount to an offensive disclosure of private facts, for the purposes of the standard. Not Upheld: Privacy...

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

The Authority has upheld a direct privacy complaint about a 1News item regarding a TVNZ on-demand series investigating Destiny Church. The item featured excerpts of an interview from the series, with a former member of the church who participated on the condition her face would remain hidden. The complaint was that the interviewee’s facial features were visible in the broadcast, which in the complainant’s view represented a ‘grave failure’ by the broadcaster to meet its obligations to protect the interviewee, given the seriousness of the circumstances and risk of harm to them. TVNZ accepted there was a breach of the privacy standard on the basis the interviewee’s face was visible to some viewers in certain viewing conditions, which the interviewee had not consented to. The Authority agreed and upheld the complaint as a breach of the interviewee’s privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-004 Decision No: 1996-005 Decision No: 1996-006 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by COMPLAINANT L of Auckland Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the death of a Georgian luger at the Winter Olympics in Canada – showed footage of the athlete coming off his sled, flying over the barrier and hitting a metal pole – included still shots of the athlete in the air just prior to hitting the pole and then again in slow motion – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – contextual factors – item handled with care and sensitivity – not upheld Standard 3 (privacy) – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

The Authority has not upheld a complaint about an item which reported on the road toll over Labour Weekend and showed images of an accident where a woman was hit by a truck. The Authority found the privacy, fairness, accuracy and law and order standards were not breached. The complainant alleged the driver of the truck was identified and the broadcast gave the impression they were at fault for the accident. The Authority found the item did not identify the driver of the truck nor reveal private information about them. The item did not refer to the driver, nor give the impression the truck driver was not driving safely. The item reported on what police had said were potential causes of crashes, but it was clear this was not referring to the specific incidents which had taken place over the weekend. Not Upheld: Privacy, Fairness, Accuracy, Law and Order...

Summary The final episode in the series Weddings reported that a marriage featured in an earlier episode had broken up after two months. It contained footage of the wedding shown in the earlier programme, and included comment from the bride about the reasons for the break-up. The episode was broadcast on TV2 at 8. 00pm on 14 June 1999. MT, the bridegroom involved, complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast had breached his privacy. He had declined to take part in the follow-up programme, he wrote, and had informed the programme maker that he wanted neither his name used nor his face shown. He said he felt exploited by the use of the wedding photographs on the programme....

Summary An episode of a reality series entitled Petvet was broadcast on TV2 at 8. 00pm on 7 October 1999. It followed the day to day activities at a veterinary clinic in Lower Hutt and included a sequence showing the clinic’s dealings with a couple who wished to have their cat put down. L, the cat’s owner, complained to the Broadcasting Standards Authority that the sequence breached her right to privacy. She complained that the documentary had portrayed her and her partner as callous owners of animals and they had been subjected to criticism as a result. She also noted that the programme had identified her by name and, in addition, had included a sequence showing the veterinarian dialling their confidential telephone number which, she said, could have led to "menacing phone calls"....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-159 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C C of Queenstown Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

The chair, Joanne Morris, declared a conflict of interest and declined to participate in the determination of this complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintJason Lewis complained that an episode of Coastwatch breached his privacy and was unfair. The item showed him being issued with a $250 fine for having five undersized paua in his catch, two years after he was filmed. The complainant said he had not known he was being filmed for television, and that showing the incident two years after it happened was unfair, particularly as the fine had been waived a week after it was issued. The Broadcaster's ResponseTVNZ said the programme had not broadcast any private facts about the complainant, who had been filmed in a public place. Although his fine was subsequently rescinded, the fact remained that he had been caught in possession of undersized paua, and this was still on his record at the Ministry of Fisheries....

Complaint under section 8(1C) of the Broadcasting Act 1989Apna Ne Bana Di Jodi – personal ads included complainant’s age, gender and phone number – allegedly in breach of privacyFindingsStandard 3 (privacy) – telephone number disclosed in a highly offensive manner – resulted in harassment of complainant – upheldOrderSection 13(1)(d) – payment of $500 to the complainant for breach of privacyThis headnote does not form part of the decision. Broadcast [1] During Apna Ne Bana Di Jodi, broadcast on APNA 990 at around 11. 30am on 19 April 2010, a host read out a number of “matchmaking messages” which included people’s ages, gender, ethnicity or religion, and phone number. One of the messages stated: 46-year-old Hindu male, New Zealand citizen, [mobile phone number]. Complaint [2] NJ lodged a complaint with APNA Networks Ltd, the broadcaster, alleging that the broadcast of his phone number had breached his privacy....

Complaint under section 8(1A) of the Broadcasting Act 19893 News – item on house fire in the North Shore reported that a person had been found dead in the garage – included brief footage of the complainant and his wife who owned the house – allegedly in breach of privacy FindingsStandard 3 (privacy) – item did not disclose private facts about the complainant or his wife – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 3 July 2010, reported on a house fire on the North Shore. The news reader stated that police were investigating after a person had been found dead in a car in a burning garage, and that the death was being treated as suspicious....

 The Authority has not upheld a complaint about a 1 News segment that discussed allegations and criticisms about the operations of the Tongan Health Society. The segment featured interviews with former employees and Board members who criticised the management of the Society, its CEO Dr Glenn Doherty, and called for an independent review of the Society. The Authority found that the requirements of the fairness and balance standards were met as TVNZ had taken reasonable steps to seek, and then adequately presented, the Society’s point of view on the issues raised in the programme. The Authority found the disclosure of the CEO’s request for a bonus and extracts from correspondence between the CEO and Board relating to this amounted to a breach of privacy, but determined that the defence of public interest applied on this occasion. Not Upheld: Balance Fairness, Accuracy, Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-144 Decision No: 1997-145 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE ALLOWAY of Auckland Broadcaster 95bFM of Auckland S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The apprehension by the police of two teenage girls in a clothing store, one of whom had been accused of shoplifting, was portrayed in a segment of Police, broadcast on TV2 at 8. 00pm on 8 April 1999. The faces of the girls were blurred. Police is a reality series which reports on the day-to-day activities of police officers. Mrs L complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the privacy standard. She subsequently advised that both girls were her daughters, but in her initial complaint referred only to the effect of the programme on her younger daughter who had been accused by police of stealing some clothing. She complained that despite the blurring of their faces, the girls were identifiable to friends and family....

Summary"Boy racers" were encouraged by radio station 91 ZM on 14 October to turn up at a named City Councillor’s home address and to play their car stereos loudly to protest about the Councillor’s stand on noise control in Palmerston North. Ross Warren complained to the Broadcasting Standards Authority under s. 4(1)(c) that the broadcast had disclosed the Councillor’s address and had encouraged people to harass him. In a brief response, the station argued that it had been reasonable to disclose the Councillor’s address to enable a protesting group to make a legitimate point against a crusade by a local politician. Furthermore, it noted, the station had acted responsibly by dealing with complaints received and the protest had been cancelled. The Councillor had accepted the station’s apology and had agreed to meet with drivers at a later time, it wrote. It recommended that the complaint not be upheld....