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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 146/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J G CHAMBERS of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-156 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN WARD of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments about the complainant in relation to discussion about whether tobacco should be phased out as a legal product – allegedly in breach of privacy, inaccurate and unfair Findings Standard 5 (accuracy) – subsumed into consideration of Standard 6 Standard 6 (fairness) – not necessary to inform the complainant he would be referred to on the programme – host misrepresented complainant's views when he told listeners that the complainant believes smoking is a “Pakeha plot to kill Māori” and tells his clients that –complainant’s personal and professional reputation affected – unfair – upheld Standard 3 (privacy) – complainant was identifiable – complainant did not have reasonable expectation email correspondence would remain private when aware of the host’s media role – no private facts disclosed – not upheld This headnote does not form part of the decision.…...

Chair Joanne Morris declared a conflict of interest and did not take part in the decision. Complaint under section 8(1)(c) of the Broadcasting Act 198920/20 – “Ticking Time Bomb” – reported that Phillip Edwards, who had been charged with the murder of David McNee and convicted of manslaughter, had previously been implicated in an attack on another man – police did not prosecute – other man’s name disclosed – alleged breach of privacy Findings Standard 3 (privacy) – Privacy Principles iii), v), and vi) – no unjustified invasion of man’s privacy - man’s name disclosed as aspect of current affairs item – not upheld This headnote does not form part of the decision. Broadcast[1] A 20/20 item, “Ticking Time Bomb”, revealed that Phillip Edwards, who was arrested for the murder of television celebrity David McNee, had earlier been implicated in an attack on another man....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host read out an email from the complainant – pronounced complainant’s last name incorrectly – host made comments responding to the complainant’s email – allegedly in breach of privacy FindingsStandard 3 (privacy) – complainant not identifiable – people who provide feedback cannot expect anonymity – not upheld This headnote does not form part of the decision. Broadcast [1] During a Breakfast segment called “On This Day”, broadcast on TV One at 6. 45am on 24 June 2009, the host referred to the “Jakarta incident” saying: On this day in 1982, a British Airways Boeing 747 en route from London to Auckland lost power in all four engines when it flew into volcanic ash off Indonesia. The pilots managed incredibly to glide the plane through the cloud of ash before restarting the engines and landing safely....

Complaint under section 8(1A) of the Broadcasting Act 1989Nightline – item reported shooting of a police officer in Papatoetoe – stated which street the incident occurred in and showed a driveway cordoned off – letterbox number visible – reporter spoke to two neighbours – allegedly in breach of privacy Findings Standard 3 (privacy) – no identifiable individuals – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast on TV3 at 10. 30pm on Tuesday 22 December 2009 reported that a policeman had been shot three times while investigating a car in a driveway. The Nightline reporter stated that two men had been questioned by police, and that “residents of [street and suburb where the incident occurred] had some questions of their own”. Two residents were shown commenting on the incident....

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....

The Authority has not upheld a direct privacy complaint regarding a 1 News item reporting on Kamahl Santamaria’s resignation from Breakfast, where it was stated that ‘allegations of inappropriate behaviour have surfaced’ (reported earlier that day by Stuff). The Authority found Santamaria did not have a reasonable expectation of privacy in relation to the information reported, and the item carried high public interest. Not Upheld: Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-130 Decision No: 1996-131 Decision No: 1996-132 Dated the 10th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PS of Rotorua and C J DAISLEY of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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(1A) of the Broadcasting Act 1989 Breakfast – news items discussed identity of a deceased teenager, despite being informed in the programme that police were not releasing the deceased’s name in accordance with a request from his family – disclosure of deceased’s identity allegedly in breach of his family’s privacy FindingsStandard 3 (privacy) – deceased’s family identified through their connection with him – no private facts revealed because deceased’s identity had already been disclosed on social networking sites so was in the public realm, even if not officially confirmed by police – broadcaster took steps, as soon as reasonably practicable, to ensure the deceased was not named again in the programme – not upheld This headnote does not form part of the decision....

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...

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reporting on a Waipawa dog breeder – television crew entered complainant’s land and pried without permission – filmed pit in which dogs were buried – alleged breach of privacyFindingsStandard 3 (privacy) – actions of crew amounted to intentional interference with complainant’s interest in solitude and seclusion – intrusion was into matter complainant was entitled to keep private – majority considers intrusion offensive to reasonable person – no public interest defence – discussion of principles of interpretation of privacy principle (iii) – discussion of principles relating to public interest – majority upholdNo OrderThis headnote does not form part of the decision....

Summary Pictures of a crashed, burning light aeroplane, the only one of its kind in New Zealand, were shown on One Network News on 28 August 1998 beginning at 6. 00pm. It was reported that two people had been killed in the accident. W complained to Television New Zealand Ltd, the broadcaster, that the broadcast constituted a breach of privacy and good taste. She pointed out that as the widow of one of those killed, she had not at that stage been informed of the accident. She complained that in its haste to get the item to air, TVNZ had omitted to consider the feelings of the widows and families of the two men killed. She contended that it must have known that there had not been sufficient time to inform the families....

Summary An item on the Holmes programme examined the situation of a woman and her eight year old son who was described as suffering from Attention Deficit Disorder Syndrome. Footage of the child, exhibiting what were said to be some behavioural problems of the syndrome, was shown on the programme which was broadcast on TV One on 4 March 1999 commencing at 7. 00 pm. Ms Burnell complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme violated the child’s rights of privacy and confidentiality. He was identified by his first name, his face was visible, and he clearly expressed his total opposition to being filmed for public viewing, she wrote....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintInside New Zealand – debt collection – privacyFindings Privacy – identification – private facts revealed – no public interest – upholdOrderCompensation of $500 to complainant This headnote does not form part of the decision. Summary A documentary about debtors and debt recovery workers was the subject of an Inside New Zealand programme broadcast on TV3 on 7 June 2000 at 8. 30pm. A debt recovery worker was seen outside the home of a couple with a number of children, who were said to have a debt of $1600. M complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy and the privacy of her family was violated by the broadcast, which included footage of family members filmed through a fence, and a recording of the conversation between M and her husband and the debt recovery worker....