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Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

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....

ComplaintMotorway Patrol and promo – incident involving the complainants’ vehicle – complainants identifiable – breach of privacy – unfair – encouraged discrimination FindingsStandards 3 – privacy – no uphold Standard 6, Guideline 6b – not unfair to inadvertent participants who do not consent as events of public interest occurred in public place – no uphold, Guideline 6f – humiliation self-inflicted – no uphold, Guideline 6g – neither discrimination or denigration encouraged – no uphold This headnote does not form part of the decision. Summary [1] The loss of a trampoline off the roof of a vehicle as it drove across the Auckland Harbour Bridge was the incident dealt with in a promo for, and in the first segment of, Motorway Patrol broadcast on TV2 at 7. 30pm on 11 April 2002. Motorway Patrol is a reality series which records the work of police patrols on the Auckland motorways....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting the court appearance of a man charged with accessing child pornography – showed two men standing at a vending machine – face of the accused not shown, side profile of the other man was shown – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – no private facts disclosed – not upheldStandard 6 (fairness) – item implied complainant was defendant on child pornography charges – incorrect – seriously unfair – upheldOrderCosts to the Crown of $3000This headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News on TV3 at 6pm on 7 March 2005 reported on the court appearance of a man charged with accessing child pornography via the internet. The reporter said that due to a judge’s ruling, 3 News was unable to name the alleged offender....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about armed robbery at a Burger King restaurant – interviewed one of the hostages – image was blurred – allegedly unfair and in breach of privacy Findings Standard 3 (privacy) – hostage not identifiable in the broadcast – no private facts disclosed – not upheld Standard 6 (fairness) – hostage consented to the interview – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 27 January 2009, reported on an armed robbery at a Burger King restaurant in Auckland in which five staff had been held hostage. The reporter stated that "a female hostage told 3 News she kept reliving the moments she thought would be her last, and she still can’t bear to be identified"....

ComplaintInside New Zealand – documentary about fires – suspected arson in suspected drug house – consent to film not sought from owners FindingsPrivacy – individual not identified – no private facts – no uphold This headnote does not form part of the decision. Summary An Inside New Zealand documentary about the cost and frequency of fires in New Zealand was broadcast on TV3 on 30 August 2000 beginning at 8. 30pm. A segment dealing with arson showed what was described as a suspected drug house which had been destroyed by fire. N, who claimed to be the owner of the property shown, complained about the programme to the Broadcasting Standards Authority. The complaint was accepted as a referral under s. 8(1)(c) of the Broadcasting Act 1989. In the complaint, N noted that neither she nor her husband had given consent for the broadcast....

ComplaintHolmes – sensitive information about two women found on second-hand computer hard drive – women able to be identified – breach of women’s privacy FindingsSection 4(1)(c) – Complaints of FL, Mr Elliott and Mr Herrmann – upheld; Ms MacDonald’s complaint – one aspect upheld by broadcaster; one aspect subsumed under Standard G4 Orders(1) Broadcast of statement(2) $5,000 compensation to each of the women whose privacy was breached(3) $2,500 costs to the Crown Cross-reference: 2002-071–072 This headnote does not form part of the decision. Summary [1] An item broadcast on Holmes on TV One at 7. 00pm on 21 May 2001 reported on sensitive information about two women which had been found on a second-hand computer hard drive. Excerpts from the interviews with the two women were included in the broadcast. [2] FL, one of the women concerned, complained to the Broadcasting Standards Authority under s....

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…...

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…...

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: 44/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M and B HETHERINGTON of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 71 /94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH HON JENNY SHIPLEY Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the death of a Georgian luger at the Winter Olympics in Canada – showed footage of the athlete coming off his sled, flying over the barrier and hitting a metal pole – included still shots of the athlete in the air just prior to hitting the pole and then again in slow motion – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – contextual factors – item handled with care and sensitivity – not upheld Standard 3 (privacy) – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision....

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....

Download a PDF of Decision No. 1993-027–028:Kyrke-Smith Family and Television New Zealand Ltd - 1993-027, 1993-028717. 05 KB...

Summary[This summary does not form part of the decision. ]During The Edge’s Smash! 20 countdown show, a caller successfully answered a series of questions based on the songs in the countdown and won a prize. While taking the caller’s personal details, the announcer left the phone channel in ‘on-air’ mode and inadvertently broadcast the caller’s full name, address, school, date of birth and mobile number. The Authority upheld a complaint that the broadcast breached the caller’s privacy. The caller was clearly identifiable and disclosed a high level of personal detail on air, over which she had a reasonable expectation of privacy. The Authority acknowledged the caller’s disclosure was the result of an unfortunate technical error on the announcer’s part, and that the broadcaster took immediate actions to respond to the breach. The Authority did not make any order in these circumstances. Upheld: PrivacyNo OrderIntroduction[1] During The Edge’s Smash!...

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached....

The Authority has not upheld a complaint that an item on Fair Go dealing with the ‘flushability’ of nappy liners breached the accuracy, fairness, privacy and balance standards. The Authority found the programme was not inaccurate or misleading in suggesting the liners were not ‘flushable’. It found the complainant was not treated unfairly as a result of the broadcast of a recorded ‘cold call’ and the complainant’s views were fairly reflected in the programme. It also found there was no breach of privacy standards and the balance standard did not apply as the programme did not deal with a controversial issue of public importance. Not Upheld: Accuracy, Fairness, Privacy, Balance...

The Authority did not uphold a complaint about an item on Nine to Noon with Kathryn Ryan that featured interviews with National Secretary of the New Zealand Professional Firefighters Union, Wattie Watson, and previous board member of the United Fire Brigades' Association (UFBA), Judith Stanley, about the handling of complaints by UFBA, and an investigation into its chief executive, Bill Butzbach, citing allegations made against him, and the board’s chair, Richie Smith. The complaint was that the item breached the balance, accuracy, privacy and fairness standards on the basis it gave undue prominence to the ‘ill-informed’ views of those with a vested interest in discrediting the UFBA, and did not present the views of the UFBA and facts provided by it until the very end. The Authority found the item achieved balance and fairness by giving the UFBA a reasonable opportunity to respond, and including its statement....