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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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

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

Download a PDF of Decision No. 1993-108–110:Society for the Protection of the Unborn Child Inc, Armstrong and daughters and TV3 Network Services Ltd - 1993-108–110719. 35 KB...

Download a PDF of Decision No. 1993-121:McCloy and 14 Others and Classic Gold Radio - 1993-121 PDF406. 23 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Complaint under section 8(1A) of the Broadcasting Act 1989Jay-Jay, Mike and Dom Show – hosts discussed court appearance of radio broadcaster Iain Stables on violence charges – made comments that he was guilty and about his bipolar condition – allegedly in breach of privacy FindingsStandard 3 (privacy) – Iain Stables was identifiable – programme did not reveal any private facts about him because information about the charges he faced, his previous altercations, and that he had bipolar disorder was already in the public domain – as the broadcast did not disclose any private facts, Iain Stables’ privacy was not breached – not upheld This headnote does not form part of the decision. Introduction [1] During the Jay-Jay, Mike and Dom Show on The Edge, the hosts discussed charges being faced by radio broadcaster Iain Stables, following an altercation with his ex-girlfriend’s parents....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on bullying incident at Ruawai College, told from the perspective of the victim’s mother – victim’s mother expressed frustration at the school because she was not informed of the incident until a couple of days after it occurred – contained repeated footage of the incident – allegedly in breach of standards relating to good taste and decency, privacy, accuracy and fairnessFindingsStandard 6 (fairness) – item did not create an unfairly negative impression of the school and staff members – school was provided with fair and reasonable opportunity to comment and the Principal adequately presented the school’s position – item did not create an unfair impression about the timing or duration of the incident – reference to letter was not unfair – footage of police was due to an oversight – school and staff members treated fairly and overall…...

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Complaint Babies – documentary about 47-year-old woman having fifth child – first child when aged 18 – adopted at birth – adopted child shown and first name given – consent not given to broadcast the material – breach of privacy of child – complaint upheld – material objected to edited out in case of rebroadcast – action taken insufficient FindingsAction taken insufficient – $500 compensation This headnote does not form part of the decision. Summary The episode of Babies broadcast on 28 June 2001 told the story of "Maggie" who was having a child at the age of 47 years of age. The programme said that Maggie first gave birth when aged 18 and unmarried. It reported that the child was adopted out and included visuals of the child (as a young woman), gave her first name and said that she, too, had had a child....

ComplaintNewstalk ZB – talkback – topic – global warming – complainant tried to contribute – described as idiot – named as Brian – call terminated Findings Principle 3 – identity not revealed – no uphold Principle 4 – insufficient information – decline to determine Principle 5 – opportunity to terminate call without rudeness not taken – broadcaster irresponsible and abusive – uphold – no Order This headnote does not form part of the decision. Summary [1] Global warning was a topic discussed on talkback on Newstalk ZB, hosted by Leighton Smith, on the morning of 16 July 2001. At about 11. 12am, the complainant telephoned, gave his name as "Jim", and challenged the views advanced by a professor who had been interviewed, and who had disputed the global warming theory....

Complaint under section 8(1A) of the Broadcasting Act 1989Willie and JT – host broadcast listener’s email address and said “send him an email” – allegedly in breach of privacy FindingsStandard 3 (privacy) – privacy principle 4 applies to email addresses – personal email address is also a private fact under privacy principle 1 – however host’s disclosure of email would not be highly offensive to an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] During the Willie and JT programme, broadcast on Radio Live on the afternoon of 22 October 2010, one of the hosts read out an email from a listener in response to the hosts’ discussion about union action over the film The Hobbit. After reading out the email, which strongly disagreed with the host’s opinion, the host said: . . . That’s from [listener’s full name]....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: The Case Against Robin Bain – documentary maker, Bryan Bruce, gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on education programme established to prevent youth suicide and self harm – included footage of students – allegedly in breach of privacy FindingsStandard 3 (privacy) – students, teachers and parents identifiable but no private facts disclosed in broadcast and filming was in a public place – those shown not particularly vulnerable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on Friday 26 November at 6. 25pm, reported on the establishment of an education programme in a South Auckland community aimed at preventing youth suicide and self-harm. The news reader introduced the item by stating that “Kaumatua gathered to bless a South Auckland school after a number of teen deaths in the area. One is related to a circulating text message promoting self-harm”....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on striking workers from recycling company Paper Reclaim who wanted a pay increase of one dollar extra an hour – stated that they worked in “dirty, unsanitary conditions” and that there was a rat problem at Paper Reclaim’s plant – allegedly in breach of accuracy, fairness and privacy Campbell Live promos – promos on TV3 and Radio Live referred to working with rubbish and rats for low pay – allegedly in breach of accuracy and fairness FindingsCampbell Live Standard 5 (accuracy) – programme created strong impression that Paper Reclaim’s premises were unsanitary and rat-infested – misleading – upheld Standard 6 (fairness) – unfair to suggest that Paper Reclaim had a serious rat problem – Paper Reclaim was not given a fair and reasonable opportunity to respond to the allegations about its working conditions and rat infestation – door-stepping not unfair – upheld Standard…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police – twice showed the complainant being arrested and taken to the police station to “detox” after solvent abuse – complainant’s first name was disclosed and his house was shown – allegedly in breach of privacy and fairness standards FindingsStandard 3 (privacy) – complainant was identifiable due to use of his first name, full length shots of his body and clothing, footage of his property and street, recordings of his voice – complainant’s solvent abuse was a private fact – disclosure of complainant’s solvent abuse in the late 1990s would be highly offensive to an objective reasonable person – public interest did not outweigh the complainant’s right to privacy – upheld Standard 6 (fairness) – breach of complainant’s privacy was also unfair – unfair to re-broadcast footage more than 10 years after filming – upheld OrdersSection 13(1)(d) – costs to the complainant for breach of…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

ComplaintJohn Banks – talkback – "Royal Breakfast Show" – broadcast of complainant’s name and part of complaint – derogatory reference Findings(1) Privacy principle (iv) – identification – name and content of complaint private facts – facts not used to abuse, denigrate or ridicule – no uphold (2) Privacy principle (v) – identification – complainant’s name private information in context – uphold (3) Privacy principles (vi) and (vii) – no public interest in disclosure – making a complaint no consent to privacy breach – no defence No Order This headnote does not form part of the decision. Summary A Radio Pacific talkback host (John Banks) read on-air part of A’s written complaint about the host’s use of the word "Royal" to describe his show. The complainant was named in the broadcast during the morning of 2 February 2000 at approximately 7. 20am....