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Summary[This summary does not form part of the decision. ]ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day, and subsequently located and reunited with her family. The Authority did not uphold a complaint that the item breached the privacy of the girl and her sisters. The item did not disclose any private information about the girl; the details given were in the public domain at the time of the broadcast and carried high public interest, as they may have assisted with the search for her abductor. The girl’s sisters were not identifiable in the item and therefore their privacy was not breached. Not Upheld: PrivacyIntroduction[1] An item on ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Police College – reality series following new police recruits – showed man being ejected from Westpac Stadium – man was seen resisting attempts to remove him and shouting abuse at police – allegedly in breach of privacy and unfairFindingsStandard 3 (privacy) and privacy principle (ii) – insufficient time had passed for public fact to become private – not upheld Standard 6 (fairness) – guideline 6b only applies to planned appearances – Mr Walden unnecessarily identified under guideline 6f, but overall treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] Police College was a reality series which traced the progress of cadets through the Police College. In an episode broadcast on TV2 at 10....

This decision was successfully appealed in the High Court: CIV 2004-485-1299 PDF930. 17 KB Complaint under s. 8(1)(c) of the Broadcasting Act 1989 One News and Late Edition – item about a Medical Practitioners Disciplinary Tribunal hearing – complainant gave evidence – name suppressed – complained that she was identifiable from audio of voice and visual of part of her body – item included complainant’s occupation – alleged breach of privacyFindings Standard 3 (privacy) – complainant identifiable because job description given together with visuals and audio – name suppression order given by court or tribunal not in itself grounds for privacy complaint – name suppression in this case given to all witnesses to ensure that they could continue to function effectively as Board employees – disclosure of B A’s role as witness in these circumstances highly offensive – upheldOrder Compensation to the complainant of $1500 under s....

Complaint3 News – child participants – mother’s consent – children of gang member sought by police – privacy – good taste – fairness – upheld by broadcaster FindingsAction taken by broadcaster sufficient This headnote does not form part of the decision. Summary Two pre-school children were shown in news items broadcast on 3 News at 6. 00pm and 10. 30pm on 25 January 2000. They were described as the children of a member of the "Screwdriver Gang" who was being sought by police in connection with armed robberies in Auckland. Kris Vavasour complained to TV3 Network Services Ltd that the privacy of the two young children had been breached. She also complained that it was a breach of the good taste standard and unfair to show footage of the children in a way which publicly identified them....

An appeal against this decision was dismissed in the High Court AP46/02 PDF1. 3 MBComplaint20/20 – "Paradise Lost" – item on child prostitution in Fiji – breach of children’s privacy – unfair depiction of child victim – discrimination on account of sex, race and ageFindingsPrivacy – privacy principle (i) – public disclosure of private facts about children – highly offensive and objectionable facts – no public interest defence under privacy principle (vi) – upholdStandard G4 – child sex abuse victim treated unfairly – upholdStandard G13 – high threshold – no upholdCross-referenceDecision No. 1999-125–137OrderBroadcast of statementCosts to complainant of $463. 50This headnote does not form part of the decision. Summary[1] "Paradise Lost", an item on 20/20, was broadcast on TV3 at 7. 30pm on 15 July 2001....

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....

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – interview with motorbike stuntman at the Western Springs Speedway – showed footage of two men operating leaf blowers outside the speedway – allegedly in breach of privacyFindingsStandard 3 (privacy) – broadcast did not disclose that complainant was completing a community work sentence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 11 October 2006, included an interview with one of the “Crusty Demons” – a motorbike stunt team which was visiting New Zealand. The item was filmed mostly at the Western Springs Speedway. At the conclusion of the segment, footage of two men operating leaf blowers in a surrounding area of the speedway was shown....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – exchange between reporter and Finance Minister, Dr Michael Cullen, had been recorded prior to a scheduled interview – allegedly in breach of Dr Cullen’s privacy, unfair, and in breach of law and order and programme information standardsFindingsStandard 2 (law and order) – standard has no application on this occasion – not upheld Standard 3 (privacy) – no private facts – no interest in solitude and seclusion – not upheld Standard 6 (fairness) – not unfair to Dr Cullen – not upheld Standard 8 (programme information) – subsumed under Standard 6This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-076 Decision No: 1998-077 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALICE HALLIWELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-161 Decision No: 1997-162 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Mr X of Napier Broadcaster H B MEDIA GROUP LTD of Hastings S R Maling Chairperson L M Loates R McLeod J Withers...

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-077 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN IN FILM AND TELEVISION (Auckland) INC. (WIFT) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-021 Decision No: 1998-022 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by E of Napier Broadcaster GRAHAM J BARCLAY T/A SOUNDWAVE FM of Napier S R Maling Chairperson L M Loates R McLeod J Withers...

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....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – repeat screening of an episode showing a family who had been apprehended by Fisheries Officers for infringing the fishing regulations – allegedly breached the privacy of the familyFindings Standard 3 (privacy) and Guideline 3a – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat broadcast of an episode of Coastwatch screened on TV One at 1pm on 3 October 2004. Coastwatch is a reality series which follows the activities of various law enforcement officers who patrol the coastline. The original episode had screened at 8pm on 15 March 2004. [2] The broadcast showed a family who had been apprehended by Fisheries Officers for taking more cockles from the beach than permitted by law....