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Complaint Coromandel FM – news item inaccurately reported that fire fighter was charged with drunk driving causing death – privacy of fire fighter Findings (1) Unsatisfactory complaints procedure – warning (2) Principle 8 – relevant (3) Privacy Principles (i) and (ii)– facts inaccurate, not private – no uphold This headnote does not form part of the decision. Summary A news story broadcast more than once during the morning of 11 April 2000 on Coromandel FM reported that a named Morrinsville fire fighter had been charged with drunk driving causing death. MM, the fire fighter’s wife, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the fire fighter’s privacy by disclosing incorrect information about the offence he had been charged with. MM reported that the man had in fact been charged with careless driving causing death....

Complaint3 News – complainants included one of two survivors of an air crash in which eight people died – message left on answerphone reporting progress and advising that they were not giving interviews to media – answerphone message omitting reference to interviews broadcast as part of news item – breach of privacy – unfair FindingsStandard 3, Privacy Principles (i) and (iii) – answerphone message aimed at all callers – information was released to the public – no intrusion in the nature of prying – no uphold Standard 6 and Guideline 6e – time of stress for the complainants – high public interest – contents of message in public arena – use of message not insensitive or unfair – no uphold This headnote does not form part of the decision....

Complaints under section 8(1)(c) of the Broadcasting Act 1989Holmes – item about person flying New Zealand flag at home in dispute with neighbours – complainants who are neighbours named and their home shown – complainants have long history of community service – private facts disclosed – alleged breach of privacy Findings Standard 3 (Privacy) Privacy Principles (i), (iii), (iv), and (v) – dispute about flag had been heard in the District Court – accordingly not private – not upheld This headnote does not form part of the decision. Broadcast [1] A dispute between Mr Brian McGinty of Orewa and his neighbours, including Sir Ross and Lady Jansen, was dealt with in an item broadcast on Holmes on TV One on 18 March 2004 beginning at 7. 00pm. The dispute was about Mr McGinty’s neighbours objecting to his desire to fly a New Zealand flag on his property....

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The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-037 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SEAN N JOSEPH of Wellington Broadcaster CAPITAL FM LIMITED of Wellington J Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 79/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SAM HUNT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-022 Dated the 6th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAM SUTTON of Porirua Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item featured a woman who claimed to have suffered terrible experiences while in state care in the 1960s – photo shown of the woman as a young child with five other children – allegedly in breach of privacy and accuracy 3 News – item reported on government’s decision to bring forward a review of alleged abuse suffered by people while in state care during the 1960s and 70s – made reference to the 60 Minutes item and the woman who alleged she had been abused – showed the same photo as contained in the 60 Minutes item – allegedly in breach of privacy and accuracy Findings60 Minutes and 3 News Standard 3 (privacy) – children not identifiable beyond close family and friends – did not disclose any private facts – not upheld Standard 5 (accuracy) – viewers would not have been misled…...

Summary A dispute between neighbours was put to the audience of You be the Judge for resolution in the episode broadcast on TV2 on 29 March 1999 beginning at 8. 00pm. The item included footage, filmed by the aggrieved neighbour, of two people leaving his neighbour’s home at 4. 31am. He described such visitors to his neighbour in general terms as her "zombie mates. " C, one of those filmed, complained to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act 1989 that he and his wife considered that the broadcast had invaded their privacy. First, he argued, the complainant should never have filmed them, and secondly, the footage should never have been broadcast. He said they also objected to being described as "zombie mates"....

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(1A) of the Broadcasting Act 1989Spectrum – reported on The Nelson Ark APART programme – presenter interviewed graduates, including a young woman, about their involvement in the programme – woman was asked about her background and how she came to be on the programme – allegedly in breach of her privacy FindingsStandard 3 (privacy) – woman was not identifiable for the purposes of the privacy standard – woman did not say she was raped, as alleged – no private facts were disclosed in a manner that would be considered highly offensive – high value speech – not upheld This headnote does not form part of the decision. Introduction [1] An item on Spectrum reported on The Nelson Ark APART programme, an eight-week dog training course designed to teach young people discipline, compassion and tolerance through empathy....

Download a PDF of Decision No. 1992-094:Lane and Television New Zealand Ltd - 1992-094 PDF1. 36 MB...

The Authority has not upheld a privacy complaint about an episode of David Lomas Investigates, which covered the story of a woman who as a baby was found on the footpath wrapped in newspaper. In two segments, Mr Lomas visited the address at which the baby was reportedly found, and during the course of the programme disclosed the street, suburb and city. Two letterbox numbers at the bottom of an entrance path and steps were also shown ‘at the next property’, as an example of what the address may have looked like when the baby was found (before construction of the new building on the property). The complainant argued this breached her privacy as the programme disclosed her full address and filmed her property without notifying her or asking for permission....

Summary[This summary does not form part of the decision. ]A 1 News item reported on an incident involving All Black Aaron Smith. Two witnesses claimed that while on official All Black business, Mr Smith used a disabled toilet in Christchurch Airport for a ‘sexual encounter’ with a woman who was not his partner. The item briefly showed a photo of Mr Smith and his partner. The Authority did not uphold a complaint that the item breached Mr Smith’s partner’s privacy. Information about her identity and her relationship to Mr Smith was publicly known and had already been the subject of widespread media coverage in relation to the incident prior to the broadcast. This was therefore not information over which she had a reasonable expectation of privacy. The 1 News item also disclosed less information about Mr Smith’s partner than other media outlets had already disclosed....

Summary[This summary does not form part of the decision. ]During the Port FM Breakfast Show the presenters allegedly mentioned 'Jimmy from Omarama'. The Authority declined to determine a complaint from Jimmy Courtney that the broadcast breached his privacy, as the broadcaster was unable to provide a recording of the broadcast. The Authority however noted that on the basis of the information before it, it appeared unlikely the broadcast amounted to a breach of privacy. The Authority also recorded its expectation that broadcasters retain recordings of broadcasts for 35 days following the broadcast. Declined to determine: Privacy Introduction[1] During the Port FM Breakfast Show the presenters allegedly mentioned 'Jimmy from Omarama' in relation to some email correspondence with him about Port FM's weather reports. Mr Courtney had disputed the towns/regions included in the report, and the presenters apparently 'had a laugh' about his email on air....