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SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

SummaryAn item on Holmes examined "Operation Youthcare", a police and community initiative dealing with some problems arising from children and young people frequenting the city centre of Nelson at night. Part of the filming took place in the police station where a number of young people were being held or questioned. It was reported that, in some cases, their parents were summoned to the station. The item was broadcast on TV One on 10 June 1999, commencing at 7. 00pm. G complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his and his daughter’s privacy were breached by the filming. Both he and his daughter were identifiable, he wrote. He also complained that the broadcast of the details of a private conversation between his daughter and a police officer breached her privacy....

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…...

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…...

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....

The Authority upheld a complaint about an item on Te Ao Māori News concerning a Northland community’s opposition to the alleged conversion of a neighbouring farm track into a roadway. The Authority found the item inaccurately stated the works undertaken on the roadway were ‘unauthorised’ (and other aspects of the item had contributed to this impression). It was not satisfied the broadcaster made reasonable efforts to ensure accuracy. The item also had the potential to mislead by omission, as it did not tell the other side of the story or include countering comment from the farm owners, which may have altered viewers’ understanding of the situation. The Authority also found broadcasting footage filmed by a third-party of the farm owners on their private property amounted to a highly offensive intrusion upon their interest in solitude and seclusion, in breach of the privacy standard....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

This decision has been amended to remove the names of persons who were not a party to the complaint....

SummaryThe police response to a drink-drive incident was featured on Emergency Heroes broadcast by TV3 on 23 February 1999 at 7. 30pm. A man was seen being arrested for driving with a blood alcohol level over the legal limit. His voice and facial features were partially obscured in the programme, although promos for the programme were broadcast unaltered. JD, the convicted driver, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his privacy had been breached by the broadcast of the promos, which did not conceal his identity at all, and by the programme, because he maintained it inadequately concealed his identity. TV3 Network Services Ltd responded to the Authority that JD had given consent at the time of his arrest to the broadcast of the footage, and had known the purpose for which it was being filmed....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB Christchurch – “Stick of the Week” awards – host nominated and named both the parents of and a pre-schooler who had been involved in altercation with Mayor – child allegedly exposed to ridicule and humiliation – privacy allegedly breached FindingsPrinciple 3 (privacy) – facts disclosed already in public domain – not upheld Principle 6 (fairness) – child object of sympathy, not ridicule – not upheld Principle 7 (denigration) – item did not deal with specified section of community – not upheld This headnote does not form part of the decision. Broadcast [1] “Stick of the Week”, a negative albeit light-hearted award, is a long-running segment of the Friday morning show on Newstalk ZB in Christchurch....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

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 reconsidered and not upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb, following TVNZ appealing the Authority’s original decision to the High Court. The item featured an interview with a resident reported as being ‘too scared to be identified’. The Authority originally found she was identifiable and the High Court dismissed the appeal on that point but directed the Authority to reconsider the remaining issues in light of new affidavit evidence filed by TVNZ in the appeal. Having reconsidered the matter, the Authority remained of the view the disclosure of the woman’s identity in the circumstances would be highly offensive to an objective reasonable person. However, based on the affidavit evidence the Authority found the defence of informed consent was available to the broadcaster. Not Upheld: Privacy...

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....

This decision has been amended to remove the name of the complainant. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on financial management and an adult products business – complainant participated in item on the condition that she would not be identifiable – exterior shots of her home were broadcast – allegedly in breach of good taste and decency, privacy, and fairness FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – complainant identified despite agreement of anonymity – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TVNZ broadcast an item called “Dollars and Sense” in Sunday on 27 November 2005 at 7. 30pm, and re-screened it on 4 December at 10am....

ComplaintHolmes – interview with Parekura Horomia – comments made during filming break – broadcast of private conversation – breach of privacy FindingsPrivacy – Privacy Principle (iii) – intentional interference with Mr Horomia's interest in solitude or seclusion – offensive – no consent – insufficient public interest – uphold This headnote does not form part of the decision. Summary An interview with the Minister of Maori Affairs designate, Parekura Horomia, was broadcast on Holmes on TV One at 7. 00pm on 24 July 2000. In an addendum to the interview, viewers heard a recording of comments made by Mr Horomia during a filming break about his distrust of the media. Jo Crowley complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached Mr Horomia's privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-135 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GARY JAMES of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-005 Decision No: 1998-006 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PHILLIP SMITS 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: 82/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WHANAU SOCIAL SERVICES INC of Flaxmere Broadcaster TE REO IRIRANGI O NGATI KAHUNGUNU INC (Radio Kahungunu) J Potter Chairperson L M Loates R McLeod...