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ComplaintOne News, Te Karere – report on death of child – footage showing child’s body – disclosure of private facts which are highly offensive and objectionable; broadcast not in the best interests of the child – child’s body shown FindingsPrivacy – deceased person not an individual under the Broadcasting Act – no uphold ObservationNotwithstanding that the footage was not consistent with the respect normally shown in death, the unique circumstances justified the broadcast – the Authority recommends that broadcasters seek independent and relevant Maori cultural advice when dealing with important matters relating to Maori This headnote does not form part of the decision. Summary A report describing the circumstances surrounding the death of a child who had been killed by his mother’s partner was the subject of items on One News and Te Karere, broadcast on 25 June 2000 at 6. 00pm and 26 June at 5. 15pm respectively....

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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on Air Force helicopter crash on ANZAC Day – first reporter reported from the site of the crash – second part of the item showed photographs of the men who died, parts of their Facebook pages and past interviews with them – showed footage of the sole survivor being taken to an ambulance on a stretcher – item included comment from head of the Air Force – allegedly in breach of privacy FindingsStandard 3 (privacy) – privacy standard does not apply to deceased individuals – servicemen’s family members not identified – no private facts disclosed about surviving serviceman – footage of survivor not obtained by prying – broadcaster exercised adequate care and sensitivity – information about the crash and the survivor of legitimate public interest – not upheld This headnote does not form part of the decision....

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....

Summary Pictures of a crashed, burning light aeroplane, the only one of its kind in New Zealand, were shown on One Network News on 28 August 1998 beginning at 6. 00pm. It was reported that two people had been killed in the accident. W complained to Television New Zealand Ltd, the broadcaster, that the broadcast constituted a breach of privacy and good taste. She pointed out that as the widow of one of those killed, she had not at that stage been informed of the accident. She complained that in its haste to get the item to air, TVNZ had omitted to consider the feelings of the widows and families of the two men killed. She contended that it must have known that there had not been sufficient time to inform the families....

Download a PDF of Decision No. 1992-007:Gisborne Boys' High School Board of Trustees and Radio 89FM - 1992-007 PDF808. 9 KB...

Complaint under section 8(1A) of the Broadcasting Act 1989Spectrum – reported on The Nelson Ark APART programme – presenter interviewed graduates, including a young woman, about their involvement in the programme – woman was asked about her background and how she came to be on the programme – allegedly in breach of her privacy FindingsStandard 3 (privacy) – woman was not identifiable for the purposes of the privacy standard – woman did not say she was raped, as alleged – no private facts were disclosed in a manner that would be considered highly offensive – high value speech – not upheld This headnote does not form part of the decision. Introduction [1] An item on Spectrum reported on The Nelson Ark APART programme, an eight-week dog training course designed to teach young people discipline, compassion and tolerance through empathy....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-037 Decision No: 1998-038 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MANU CADDIE of Wellington Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Darpan – report on first Hindu conference in New Zealand – allegedly in breach of law and order, privacy, balance, accuracy, fairness, programme classification, programme information and violence standards Findings Standard 2 (law and order) – report was not inconsistent with the maintenance of law and order – not upheld Standard 3 (privacy) – privacy standard relates to an individual – no individual specified by the complainant – not upheld Standard 4 (balance) – no controversial issue of public importance discussed in the item – balance standard did not apply – not upheld Standard 5 (accuracy) – Council spokesperson explained what the conference was about – viewers were made aware that the conference had a number of themes – viewers would not have been misled – not upheld Standard 6 (fairness) – report was a fair and accurate reflection of the event – not upheld Standard 7 (programme…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Antonie Dixon – case study of convicted murderer Antonie Dixon based on the recollections of friends, family, neighbours, police and others as well as analysis by psychologist – programme mentioned his marriage to the complainant and referred to her several times – allegedly in breach of privacy, accuracy and fairness FindingsStandard 3 (privacy) – no private facts revealed about the complainant – complainant’s children not identifiable in the programme – not upheld Standard 5 (accuracy) – neighbour’s comments were clearly her recollection of events – programme not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant and children not treated unfairly – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-116 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ELEANOR KIETZMANN of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-156 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN WARD of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

The Authority has accepted jurisdiction to consider a complaint under the privacy standard made by the Privacy Commissioner. The Authority found the Privacy Commissioner had standing to make the complaint under the Broadcasting Act 1989. It also found it is capable of considering the complaint on its merits and would not be subject to undue influence or bias as a result of the complainant’s status. Finally, it agreed the complaint raised some matters outside the scope of the complaints process and, in accordance with its usual procedures, such matters would not be considered. Accepted Jurisdiction...

The Authority has upheld two complaints that a segment on The Project, about an incident where charges against a man who allegedly shot at a drone were dropped, was in breach of the fairness and accuracy standards. The Authority found the segment was unfair to the man and would have misled audiences as it provided an inaccurate account of events through an interview with the drone’s pilot and additional comments from presenters. The drone pilot interviewee was allowed to put forward unchallenged his views on the man, and the broadcaster did not do enough to provide the man with an opportunity to respond to the comments. As the broadcast did not disclose any private information about the man, nor discuss a controversial issue of public importance, the privacy and balance standards were not upheld. Upheld: Fairness, Accuracy Not Upheld: Privacy, Balance No orders...

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....