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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 99/95 Decision No: 100/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M B of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about armed robbery at a Burger King restaurant – interviewed one of the hostages – image was blurred – allegedly unfair and in breach of privacy Findings Standard 3 (privacy) – hostage not identifiable in the broadcast – no private facts disclosed – not upheld Standard 6 (fairness) – hostage consented to the interview – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 27 January 2009, reported on an armed robbery at a Burger King restaurant in Auckland in which five staff had been held hostage. The reporter stated that "a female hostage told 3 News she kept reliving the moments she thought would be her last, and she still can’t bear to be identified"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989More FM Dunedin – complainant live on-air as winner of two movie tickets – said she was studying – host allegedly said “and to think three years ago you were sitting on your arse doing nothing going nowhere” – allegedly unfair and breach of privacyFindingsPrinciple 3 (privacy) – no private facts disclosed – no intrusion – not upheldPrinciple 5 (fairness) – comment intended as compliment – apology offered in view of misunderstanding appropriate – not upheldThis headnote does not form part of the decision. Broadcast[1] The complainant was a caller to More FM Dunedin as the winner of two movie tickets. She was put on air by the host and, in response to a question, she said that she was studying....

ComplaintShred – offensive behaviour – offensive language – sexually explicit graffiti named people living in Ohakune – privacy of named individuals breached FindingsG2 – currently accepted norms of decency and taste – uphold Privacy – no private facts disclosed – no uphold OrderBroadcast of statementCosts of $1000 to Crown This headnote does not form part of the decision. Summary Graffiti seen on a playground structure in Ohakune formed the basis for a skit on the snowboarding programme Shred, broadcast on TV2 at 10. 30pm on 7 September 2000. The presenter read out some of the sexually explicit graffiti, which included the first names of several people. Dennis Beytagh complained to Television New Zealand Ltd that he objected "in the strongest possible terms" to the content of the programme. He said he had never heard nor seen such explicit obscenities and descriptions of aberrant sexual practices being broadcast....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-172 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GEORGE W GRAY of Maungaturoto Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1A) of the Broadcasting Act 1989Te Karere – reported that the manager of a community marae in Waitakere had been accused of stealing $250,000 and had since been asked to leave her job – item named the former manager and contained footage of her at Auckland’s SKYCITY Casino – allegedly in breach of privacy FindingsStandard 3 (privacy) – allegations and investigation were not private facts – phone numbers were not broadcast in the item – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Te Karere, broadcast on TV One at 4pm on Thursday 18 February 2010, reported that the manager of a community marae in Waitakere had been accused of stealing $250,000 and had since been asked to leave her job....

ComplaintAssignment – documentary about child abuse – archival footage of Heperi family used – permission not sought – unfair – breach of privacy FindingsStandard G4 – disturbing and upsetting, but not unfair – no suggestion of link to child abuse – use of footage ethically questionable – broadcasters to take special care – no uphold Privacy – deceased person not an "individual" within meaning of the Act – other family members do not meet identification threshold – no uphold This headnote does not form part of the decision. Summary A documentary on TV One’s Assignment programme, broadcast on 2 November 2000 at 8. 30pm, endeavoured to identify the root causes of child abuse and violence in the Maori community....

Summary[This summary does not form part of the decision. ]An episode of Dog Squad featured footage taken at a named international airport in New Zealand, during which a Ministry for Primary Industries detector dog found an apple in a couple’s bag. PN, a Quarantine Officer, was shown questioning the couple about the apple and issuing them with a fine. The faces of PN and the couple, and PN’s identity tag, were blurred and PN was not named. The Authority did not uphold a complaint that the segment breached PN’s privacy. While it found that, despite the blurring, PN was identifiable in the broadcast, it did not consider that any private information was disclosed during the segment....

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....

Summary[This summary does not form part of the decision. ]A 1 News item reported on an incident involving All Black Aaron Smith. Two witnesses claimed that while on official All Black business, Mr Smith used a disabled toilet in Christchurch Airport for a ‘sexual encounter’ with a woman who was not his partner. The item briefly showed a photo of Mr Smith and his partner. The Authority did not uphold a complaint that the item breached Mr Smith’s partner’s privacy. Information about her identity and her relationship to Mr Smith was publicly known and had already been the subject of widespread media coverage in relation to the incident prior to the broadcast. This was therefore not information over which she had a reasonable expectation of privacy. The 1 News item also disclosed less information about Mr Smith’s partner than other media outlets had already disclosed....

Download a PDF of Decision No. 1993-044:Hansen and Television New Zealand Ltd - 1993-044 PDF347. 71 KB...

The Authority has declined to determine a complaint that a hip hop song contained racial slurs (including the n-word). The Authority noted the broadcaster apologised to the complainant for the offence caused and removed the song from its playlist. The Authority considered this action was sufficient and, in all the circumstances, it was not necessary to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Privacy...

ComplaintPolice Ten 7 – complainant arrested by police – shown without consent – breach of privacy complaintFindingsStandard 3 – Privacy Principle i) – filming in public place – no highly offensive facts disclosed – Privacy Principle v) – name disclosed but consent form later signed – no upholdThis headnote does not form part of the Decision Summary [1] The series Police Ten 7 follows a Police team while on duty. The questioning and subsequent arrest of the complainant for obscene language was one of the items dealt with in the episode broadcast on TV2 at 7. 30pm on 21 August 2003. [2] MD complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that being shown on the programme without his consent breached his privacy....

Download a PDF of Decision No. 1993-138:Leckey and Television New Zealand Ltd - 1993-138 PDF864. 85 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the use of 1080 poison on the South Island’s West Coast and the tensions it was causing in the community – included video footage of a confrontation between a contractor involved in the 1080 programme and anti-1080 protestors – allegedly in breach of privacy Findings Standard 3 (privacy) – video footage was taken in a public place – complainant not in a state of vulnerability – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Tuesday 5 August 2008, reported on protestors clashing with contractors over the use of 1080 poison on the West Coast of New Zealand’s South Island....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – video footage of Kenneth Bigley, a British hostage in Iraq, shackled in a cage pleading for help from the British Government – alleged breach of privacy Findings Standard 3 (Privacy) and Guideline 3a – broadcast was in the public interest – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at 6pm on 30 September 2004 showed video footage of Mr Kenneth Bigley, a British hostage in Iraq. The video showed Mr Bigley shackled in a cage pleading for help from the British Government. Complaint [2] J M Copland complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item constituted a breach of broadcasting standards relating to the privacy of the individual....

Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – item reporting that 17-month-old girl had suffered head injuries at a Christchurch home – showed street name and number of house – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant did not identify an individual whose privacy was allegedly breached – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 26 October 2006, reported that a 17-month-old girl had been flown to Starship Hospital after she had suffered serious head injuries while visiting a Christchurch home. It said that police were investigating how the injuries had occurred, and whether they were accidental or intentional. The reporter referred to the name of the street where the home was located, and the street sign was shown....