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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

The majority of the Authority has not upheld a complaint an episode of the programme Renters breached the privacy of the tenants of the properties featured. The majority of the Authority did not find any of the tenants were identifiable. As the privacy standard only applies to identifiable individuals, the standard did not apply. The minority view was that the information disclosed was adequate to enable viewers, beyond family and close friends who would reasonably be expected to know about the matters disclosed, to identify one individual and the information had the quality of private information such that the disclosure breached the privacy standard. Not Upheld by Majority: Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 99/95 Decision No: 100/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M B of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-007 Decision No: 1998-008 Decision No: 1998-009 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALLAN HILL of Wellington and GLADYS GARDNER of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-068 Decision No: 1998-069 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (OPERATION TAM) TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – report on dispute between Jim Anderton and Mike Moore – item showed an email from the complainant in which her name and email address were visible – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) and privacy principles 1 and 4 – email address not covered by privacy principle 4 – personal email address could be a private fact for the purposes of privacy principle 1 in some circumstances – in this case disclosure was incidental to the focus of the report – the disclosure was brief and would not be highly offensive to the objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6....

An appeal against this decision was dismissed in the High Court: CIV 2006-485-002633 PDF78. 95 KB Complaint under section 8(1)(c) of the Broadcasting Act 1989Inside New Zealand – Stake Out: Models Exposed – hidden camera footage of magazine editor photographing models in his bedroom and in an apartment – allegations in the programme that he was not honest about how the models’ photographs would be used – allegedly in breach of privacyFindingsStandard 3 (privacy) – privacy principles (i), (iii) and (vi) relevant – no private facts revealed therefore privacy principle (i) not breached – broadcast of hidden camera footage was in breach of privacy principle (iii) – no public interest – upheldOrderSection 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $3,000 Section 16(1) – payment of costs to the complainant $393....

ComplaintTV3 current affairs programme – breach of standards – breach of privacy FindingsPrivacy – decline to determine Standards – decline to determineThis headnote does not form part of the decision. Decision C complained to TV3 Network Services Ltd, the broadcaster, that a current affairs programme broadcast on TV3 breached broadcasting standards. C also laid a privacy complaint about the programme with the Broadcasting Standards Authority. The members of the Authority have viewed a tape of the broadcast complained about and have read the correspondence listed in the Appendix. The Authority arrives at its decision on these complaints without a formal hearing. The Authority has carefully considered the matters raised in the material provided to it by the parties....

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – reporter went in search of the famous actor Michael Crawford in Kerikeri – locals were informed that he lived in the area – part of Mr Crawford’s gate was shown – allegedly in breach of privacy FindingsStandard 3 (privacy) – Mr Crawford was identifiable – item did not disclose any private facts about Mr Crawford – not upheld This headnote does not form part of the decision. Introduction [1] During an item on Campbell Live, broadcast on TV3 on 15 March 2012, a reporter travelled to the small Northland town of Kerikeri in search of British actor Michael Crawford at his “South Pacific hideaway”. A number of locals were shown footage of Mr Crawford in his various roles and were informed that he lived in the area....

Summary [This summary does not form part of the decision. ] The introduction to a Neighbours at War story showed brief footage of a man, GR, on a street outside a bar. The Authority did not uphold a complaint from GR’s son that the broadcast breached GR’s privacy. The footage was very brief, was taken in a public place and would not be highly offensive to an objective reasonable person. Not Upheld: Privacy Introduction [1] The introduction to a Neighbours at War story showed brief footage of a man (GR) on a street outside a bar. The man lifted up his t-shirt and appeared to be showing off for the camera. [2] NR, GR’s son, complained that the broadcast breached his father’s privacy, in particular because the filming had taken place a number of years before....

Summary[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....

The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....

The majority of the Authority has not upheld a privacy complaint about an item on Asliyat responding to petitions made in opposition to Radio Virsa staff, in relation to Gurdwara management and the sale of a Gurdwara property. The host called into question the righteousness of the petitioners as Sikhs, including the complainant’s son, who the host identified as someone at the centre of a family scandal (which included issues of drug addiction and allegations of theft and other ‘bad things’). The complainant submitted the broadcast identified his son and disclosed private information in a way that was highly offensive and damaging to the reputation of his son and son’s family. Based on the information disclosed, the majority of the Authority found the complainant’s son was not identifiable beyond family and close friends who would reasonably be expected to know about the matter dealt with in the broadcast....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

ComplaintLove Thy Neighbour – examined dispute between neighbours – complainant declined invitation to participate – address disclosed – owner and house shown – breach of privacy FindingsPrivacy – principles (i) and (v) relevant – (vi) applies – public interest defence applicable – no uphold This headnote does not form part of the decision. Summary [1] The series Love Thy Neighbour examines neighbour disputes. A boundary dispute between neighbours in Whangarei was one of the items dealt with in the repeat episode broadcast at 11. 15am on TV One on 7 September 2002. [2] B Jobe complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the disclosure of the information which identified them and their house breached their privacy. [3] In response, TVNZ advised the Authority that the item had reported the circumstances of a neighbourhood dispute, and had not disclosed any private information....

ComplaintFair Go – repairs to computer unsatisfactory and costly – inaccurate – unbalanced – misleading – breach of privacy. FindingsStandard G1 – Authority not appropriate body to determine factual disputes – no uphold Standards G6 – not applicable Standard G4 – use of secret microphone by protagonist – unfair – uphold Privacy principle (iii) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary An item on Fair Go on 15 November 2000 investigated a complaint from the owner of a computer about the extent and the cost of some repair work carried out by Auckland Computer Services. Fair Go is a consumer advocacy programme broadcast weekly at 7. 30pm on TV One. Steve Moodley, trading as Auckland Computer Services, complained to Television New Zealand Ltd, the broadcaster, about the item....

Complaint Private Investigators – complainants’ boat repossessed from their property – no attempt to pixellate them – humiliating – breach of privacy FindingsStandard 3 and Guideline 3a – Privacy principle (i) – facts disclosed objectionable – no public interest – uphold OrderBroadcast of statement; compensation of $750 to each of the complainants This headnote does not form part of the decision. Summary [1] The repossession of a boat on which money was owing for the outboard motor was shown in a segment on Private Investigators broadcast on TV One at 9. 35pm on 6 November 2002. Private Investigators is a reality series which shows the range of activities undertaken by private investigators. [2] Mr and Mrs B Radford, the owners of the boat, complained through their solicitors to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached their privacy....