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The Authority has not upheld direct privacy complaints in relation to broadcasts reporting on a shootout between fugitive Tom Phillips and police, and the location of his two missing children in the bush. The complainant submitted broadcasting the children were ‘cooperative’ with police, and images of their campsite, breached the children’s privacy. Applying the privacy standard, the Authority found these limited details did not attract a reasonable expectation of privacy, noting they had been released by police and were in the public domain, and were not intimate or sensitive in nature. While acknowledging the children’s vulnerability and lack of consent to these details being broadcast, given the significant public interest and concern for the children’s wellbeing, it could reasonably be expected that this limited information about their demeanour and where they were found may be disclosed. Not Upheld: Privacy...

The Authority has not upheld a complaint that commentary during live coverage of a Black Caps test match amounted to socially irresponsible alcohol promotion, in breach of the promotion of illegal or antisocial behaviour standard. The subject of alcohol purchase and consumption did not comprise most of the segment. Aside from commentator Scotty Stevenson stating he was ‘all for […] casually deleting a bunch of tins’, the discussion did not explicitly reference alcohol consumption. Any inferences that could be made about alcohol consumption were not antisocial and did not amount to advocacy of excessive alcohol consumption. The balance and privacy standards either did not apply or were not breached. Not Upheld: Promotion of Illegal or Antisocial Behaviour, Balance, Privacy...

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported that the Sky World building, a multi-storey entertainment complex in central Auckland, had not been issued with a warrant of fitness in 435 days, and that the building remained open throughout that time, with the knowledge of Auckland Council, despite critical fire safety compliance issues. The item (which was broadcast on free-to-air television as well as on radio) included footage of the reporter attempting to contact the owner of the complex, ‘A’, visiting his home and offices, where he spoke to two employees, ‘X’ and ‘Y’. JNJ Management made a direct privacy complaint to the Authority, submitting that these segments breached the privacy of A and his employees....

  BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by Mrs S. Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

Summary [This summary does not form part of the decision. ] An item on Campbell Live, reporting on Pike River Mine, included radio transmission audio between those in the mine and those in the office on the morning of the disaster. The audio contained the complainant’s full name which he considered to be a breach of his privacy. The Authority did not uphold the complaint, as Mr Scott’s employment at the mine was not a private fact, and the disclosure of his name was not associated with any blame or disclosed for the purpose of encouraging harassment. Not Upheld: Privacy Introduction [1] An item on Campbell Live, reporting on Pike River Mine, included radio transmission audio between those in the mine and those in the office on the morning of the disaster....

ComplaintOffice Goss – The Edge – caller claimed that a school principal was a lesbian in relationship with another teacher – breach – good taste – privacy – fairness – accuracyFindingsNo tape available – decline to determine – s. 11(b) – warningName of complainant and town of residence deleted to preserve privacyThis headnote does not form part of the decision. Summary[1] To protect the privacy of the persons referred to in this complaint, the Authority makes an order deleting reference to the complainant other than by initials, and deleting reference to the town from which the complaint emanated. [2] The programme Office Goss was broadcast by The Edge. In the programme broadcast between 7. 30–8....

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....

Summary[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-130 Decision No: 1996-131 Decision No: 1996-132 Dated the 10th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PS of Rotorua and C J DAISLEY of Rotorua Broadcaster TV3 NETWORK SERVICES 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....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 151/95 Decision No: 152/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHANNA KOSTER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Complaint3 News – dismissal of teacher – sex with student – identity revealed – privacy FindingsPrivacy – facts in public domain – no uphold This headnote does not form part of the decision. Summary An item on 3 News broadcast on TV3 on 26 March 2000 reported that a female teacher had had a sexual relationship with a student at a school where she had taught. She was named in the report, and a photograph of her was included in the item. In addition there was film footage showing the reporter knocking at the door of her home. Kevin Niederberger complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the teacher’s right to privacy had been violated by naming her, showing her photograph and filming her at her workplace....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-018 Dated the 22nd day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDDIE HAYES of Hawkes Bay Broadcaster RADIO OTAGO LTD TRADING AS 93 FM, HASTINGS J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-043 Decision No: 1997-044 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NE and MH ARCHER (2) of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...