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Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Summary[This summary does not form part of the decision. ]During the Hauraki Breakfast Show, Deborah Stokes, mother of New Zealand-born English cricketer Ben Stokes, rang the studio to complain about what she considered to be unfair comments made by the hosts regarding her son, and to defend him. Mrs Stokes asked to speak with someone off air. Host Matt Heath assured Mrs Stokes she was off air, when in fact the conversation was being broadcast live on air. The Authority upheld a complaint that the action taken by NZME, having upheld Mrs Stokes’ complaint under the fairness and privacy standards, was insufficient. The broadcast, and particularly the hosts’ deceptive conduct, represented a significant breach of broadcasting standards and a lack of understanding of an individual’s fundamental right to fair treatment and to privacy....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants....

Warning: This decision contains content that some readers may find distressing. On 15 March 2019 a special 1 News broadcast covered the terrorist attacks on two Christchurch mosques. The broadcast featured footage of victims being taken into hospital, many of whom had visibly sustained gunshot injuries and/or were identifiable. The Authority did not uphold two complaints that the coverage breached the privacy standard. The Authority found that media coverage of this event had high public interest in light of the unprecedented nature of extreme violence that occurred. The media had an important role to play in informing the public of events as they unfolded, including the nature and scope of injuries suffered and the action of first responders, including medical personnel. The Authority acknowledged that the repeated use of footage of identifiable victims amounted to a breach of privacy but found that the public interest defence applied....

Complaint under section 8(1A) of the Broadcasting Act 1989Tarana Drive Time Chit Chat Show – talkback programme contained discussion about “promiscuous characters” – host made comments about complainant’s Facebook messages – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – comments were general only and did not contain reference to sufficient identifying features for the purposes of the privacy standard – it was unlikely the complainant was identifiable beyond those who knew about her private Facebook messages, so the comments did not breach her privacy – not upheld This headnote does not form part of the decision. Introduction [1] Tarana Drive Time Chit Chat Show, a talkback programme broadcast in Hindi, contained a discussion about “promiscuous characters”, with the host inviting listeners to call in and give their views of, “Who is more flirty, girls or boys?...

The Authority has upheld complaints from two complainants about a segment of Punjabi talkback programme Panthak Vichar, broadcast on Access Community Radio Inc (Planet FM). During the programme, the hosts made a number of allegations against the complainants, regarding their fundraising activities and whether they were trustworthy, and played a recorded phone conversation with Jaspreet Singh on-air. The Authority found that the comments reflected negatively on the complainants, and that Jaspreet Singh would not have known that the phone call would be played on-air. The Authority upheld the complaint under the fairness standard but did not uphold the remaining aspects of the complaint. Upheld: Fairness. Not Upheld: Accuracy, Privacy, Good Taste and Decency, Programme Information, Discrimination and Denigration...

Summary The manager of the Chatham Islands Millennium Project was interviewed by Kim Hill on the programme Nine to Noon broadcast on National Radio on 28 January 1999 at 9. 45am. At the conclusion of the interview, he was asked to explain whether his previous conviction for fraud had been an impediment in this role. Mr P F Smith, Mayor of the Chatham Islands Council, complained to Radio New Zealand Ltd, through the Broadcasting Standards Authority that the interviewer had acted unprofessionally in raising that issue. The Council sought a ruling from the Authority to censure the broadcaster, he wrote. In its response, RNZ argued that as a significant amount of public money had been granted to the Chatham Islands Millennium Project, it was considered reasonable to raise the matter of the Project Manager’s background....

Summary An item about the squalid living conditions of a Wanganui woman and her cats was broadcast on One Network News on TV One on 25 August 1999, between 6. 00pm and 7. 00pm. It included footage showing the interior of the house she lived in, which was filmed during a period when the woman was in hospital. Rev and Mrs Williams complained direct to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act 1989, that the broadcast had breached the woman’s privacy. They considered that, in filming the interior of her house, the woman’s privacy had been grossly and blatantly violated by the broadcaster, Television New Zealand Ltd. TVNZ recommended that the Authority should decline to uphold the complaint. It contended that there was a strong public interest in a story about a person living in New Zealand in such appalling conditions....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – news item reported on the trial of a man facing drugs charges – named a witness in the trial – allegedly in breached of privacy Findings Standard 3 (privacy) – open court hearing with no name suppression – name of witness already in the public domain – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on More FM, broadcast between 6. 30am and 8am on Friday 25 July 2008, reported on the court trial of Palmerston North man, SC, who was facing charges relating to methamphetamine possession and supply. The presenter introduced the item by stating: Palmerston North man, [SC], is on trial in the High Court on charges of possession and possession to sell methamphetamine....

ComplaintSun FM – announcer’s alleged misconduct – disparaging comments about complainant – breach of privacy FindingsIssue primarily a work-related dispute Principle 7 – decline to determine Privacy – decline to determine This headnote does not form part of the decision. Decision Following a work-related dispute, an announcer at Whakatane’s Sun FM allegedly made disparaging comments about the complainant on air on one occasion, and allegedly breached her privacy on air on another. The complainant had been a voluntary worker at Sun FM. The complainant, SB, complained to Sun FM, the broadcaster, that a broadcast on 28 November 2000 breached the requirement in Principle 7 of the Radio Code of Broadcasting Practice for broadcasters to be socially responsible in programmes and their presentation. She complained to the Broadcasting Standards Authority that a broadcast on 1 December 2000 breached her privacy....

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item looked at “cheap lunches for kids” as part of series on child poverty – reporter interviewed children on their way to school and asked them what they had for breakfast and lunch – children were obscured by traffic, and had their faces and in some cases their clothing pixellated – footage allegedly in breach of children’s privacy FindingsStandard 3 (privacy) – children were not identifiable and so footage did not breach their privacy – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live was introduced as follows: Amongst the thousands of responses we have had to our series on child poverty, perhaps the question most often asked is, “What are the parents doing?...

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....

Summary[This summary does not form part of the decision. ]An item on ONE News discussed further charges laid against a man accused of a double shooting in South Auckland. During the item, images of the crime scene were shown, including footage of blood on a pavement. The Authority did not uphold a complaint alleging that the footage of blood breached the privacy of those involved (ie, the surviving victim and the victims’ relatives or friends), and that the footage would have disturbed young viewers. No individuals were identified during the broadcast, including the surviving victim or either of the victims’ relatives or friends. In addition, the image of blood was brief and was not graphic or explicit, and viewers could reasonably expect that a news broadcast reporting on a double shooting might contain some footage relating to the crime....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on a fatal bus crash that occurred south of Gisborne on Christmas Eve in 2016. The bus was carrying students and teachers from a visiting Tongan school band. The item featured photos, sourced from a public Facebook page for the Tongan community, of some of the injured passengers in hospital. The Authority upheld a complaint that the broadcast breached the injured passengers’ privacy. While the photos were in the public domain, those featured did not consent to their images appearing in the news item. As injured patients receiving medical care, they were in a particularly vulnerable position....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Complaint89. 8 ZM – "spot the difference" competition – complainant’s incorrect entry read – complainant identified – breach of privacy FindingsPrivacy – privacy foregone by entering competition – no uphold This headnote does not form part of the decision. Summary [1] The results of a "spot the difference" competition were broadcast on 89. 8 ZM on 11 January 2002 at approximately 4. 50pm. During the broadcast, KD’s incorrect answers and her name, city of residence and email address were read out on-air. [2] KD complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy had been breached by the broadcast. She said that the broadcast had caused her humiliation and distress. [3] The Radio Network Ltd (TRN), the broadcaster of 89. 8 ZM, did not accept that KD’s privacy had been breached in the context of a "fun competition"....

Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....