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Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item reported on high profile immigration case involving Chinese millionaire William Yan – disclosed Mr Yan’s address and showed footage of Mr Yan’s business assistant in the lobby of the apartment building where Mr Yan lived – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – Mr Yan’s address was not disclosed for the purposes of encouraging harassment as envisaged by privacy principle 4 – no evidence that harassment resulted from the disclosure – apartment building lobby was accessible to the public so neither Mr Yan nor his business assistant had a reasonable expectation of privacy there – item did not breach the privacy of Mr Yan or his business assistant – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported that the Sky World building, a multi-storey entertainment complex in central Auckland, had not been issued with a warrant of fitness in 435 days, and that the building remained open throughout that time, with the knowledge of Auckland Council, despite critical fire safety compliance issues. The item (which was broadcast on free-to-air television as well as on radio) included footage of the reporter attempting to contact the owner of the complex, ‘A’, visiting his home and offices, where he spoke to two employees, ‘X’ and ‘Y’. JNJ Management made a direct privacy complaint to the Authority, submitting that these segments breached the privacy of A and his employees....

Summary[This summary does not form part of the decision. ]ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day, and subsequently located and reunited with her family. The Authority did not uphold a complaint that the item breached the privacy of the girl and her sisters. The item did not disclose any private information about the girl; the details given were in the public domain at the time of the broadcast and carried high public interest, as they may have assisted with the search for her abductor. The girl’s sisters were not identifiable in the item and therefore their privacy was not breached. Not Upheld: PrivacyIntroduction[1] An item on ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day....

Summary [This summary does not form part of the decision. ] An item on Newshub reported on ‘cash for job’ work scams in New Zealand. The reporter described the experiences of one worker, who alleged he had been exploited by his employer and told to pay $30,000 for his job as a technician at an internet café. GL, who was named and whose photo was shown during the item, was said to have ‘demanded’ $15,000 from the worker as part of the scam. GL complained that the item was inaccurate and unfair, because he did not demand or receive any payment from the worker and he was not given a fair opportunity to respond to the allegations made against him....

Summary[This summary does not form part of the decision. ]A segment on Thane & Dunc included an interview with a man, X, who had a relationship with a couple (the complainant and Z). During the interview, X described the nature of the relationship. He did not name the couple, referring to them as ‘A’ and ‘B’. A second interview with X was broadcast the following day, during which the hosts told X they had spoken with the couple, who alleged the relationship was abusive. The hosts interrogated X about his behaviour, then demanded X apologise and agree to make no further contact with the couple involved. The Authority upheld a complaint that these broadcasts breached the privacy of the complainant and Z....

Summary[This summary does not form part of the decision. ]During The Devlin Radio Show, host Martin Devlin was forcefully outspoken about an abusive text message he had received from the complainant, TF. Mr Devlin read out the complainant’s mobile phone number multiple times and phoned the complainant on air while making abusive comments about them. The Authority upheld a complaint that Mr Devlin breached the complainant’s privacy. While the Authority did not condone the strongly-worded text message initially sent to Mr Devlin, Mr Devlin’s response was disproportionate and unprofessional, even in the context of the robust talkback radio environment. The complainant had a reasonable expectation of privacy in relation to their personal mobile number, and Mr Devlin’s comments amounted to a sustained and personal attack against the complainant, making use of private information to personalise the abuse and implicitly encouraging harassment of TF....

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item looked at “cheap lunches for kids” as part of series on child poverty – reporter interviewed children on their way to school and asked them what they had for breakfast and lunch – children were obscured by traffic, and had their faces and in some cases their clothing pixellated – footage allegedly in breach of children’s privacy FindingsStandard 3 (privacy) – children were not identifiable and so footage did not breach their privacy – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live was introduced as follows: Amongst the thousands of responses we have had to our series on child poverty, perhaps the question most often asked is, “What are the parents doing?...

Summary An item in Crimescene broadcast on TV2 on 7 July 1998 between 7. 30–8. 00pm focussed on a case where a man had assumed the identity of a dead child to defraud the student loan scheme. Photographs of a number of people who had been involved in fraudulent schemes in the past accompanied the item. T, whose picture was featured, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his privacy was breached. He pointed out that he had already been convicted, had served his sentence and deserved the right to begin his life afresh. He maintained that his case had no relevance to the item. In its response to the Authority, Television New Zealand Ltd submitted that Mr T’s conviction occurred last year in the context of a high-profile fraud case, for which others were still serving sentences....

ComplaintPrivate Investigators – filming of Graeme Lee – privacy – unauthorised filming and broadcast – highly offensive and objectionable – unfair Findings (1) Privacy – no uphold (2) Standard G4 – majority – uphold This headnote does not form part of the decision. Summary An episode of Private Investigators was broadcast on TV One at 7. 30pm on 4 July 2000. Private Investigators is a series about the activities of private investigators in New Zealand. Hon Reverend Graeme Lee, a gospel minister and former Member of Parliament, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached his privacy. He also complained to TVNZ that the broadcast was unfair to him. The programme included footage of Mr Lee arriving for a prayer meeting at a house where a private investigator was in the process of recovering goods from its occupants....

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....

Summary[This summary does not form part of the decision. ]A documentary series Inconceivable followed the fertility struggles of eight New Zealand couples over the course of two years. During this episode, one of the couples went to the doctor for a blood test. Contact details on the test documentation were briefly shown, including the woman’s full name and her mobile number, and the couple’s home phone number and partial street address. The Authority did not uphold a complaint that this breached the couple’s privacy. The broadcaster advised that the couple reviewed the episode prior to screening and gave their full and informed consent for it to be broadcast. The shot in question was very brief, such that many viewers would likely have overlooked the level of detail shown....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live, 3 News and The Jono Project – items included hidden camera footage of reporters wearing burqas and speaking to the complainant outside her shop – complainant refused reporters entry to her shop and questioned their style of dress – items commented on complainant’s behaviour – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – guideline 6c – footage obtained through misrepresentation and complainant was not informed of the nature of her participation – footage not justified by the public interest – complainant should have been given an opportunity to respond to the negative portrayal of her in the programmes – upheld Standard 3 (privacy) – complainant identifiable – broadcasts did not disclose any private facts – filming occurred in a public place and complainant not particularly vulnerable – not upheld Standard 5 (accuracy) – 3 News and Campbell Live…...

Summary[This summary does not form part of the decision. ]An item on ONE News discussed the difficulties first-home buyers face in attaining a Government HomeStart financial grant. At the end of the item, the reporter discussed the increase in the number of overseas buyers in Auckland. During this segment, footage of three people walking into an open home from the road was shown. At the end of the item, this group and one other individual were shown getting into a car parked in the street, with the number plate clearly visible. The Authority did not uphold a complaint that this footage breached the group’s privacy. While the individuals walking to the car were identifiable, none of their personal details were disclosed, and they had no reasonable expectation of privacy in the circumstances....

Summary [This summary does not form part of the decision. ] An item on Campbell Live focused on a travel agency whose customers alleged that trips they had paid for had not been booked. During the item a brief exchange took place between the reporter and a ‘family friend’ of the owners of the travel agency, the complainant, outside the vacant agency. The Authority did not uphold a complaint that the broadcast breached Mr Malakouti’s privacy. The footage was filmed in a public place and the item did not disclose any private facts about him. There was no suggestion Mr Malakouti was associated with the travel agency, so the broadcast of the footage was not highly offensive. Not Upheld: Privacy  Introduction [1] An item on Campbell Live focused on a travel agency whose customers alleged that trips they had paid for had not been booked....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals....

Two complaints from the subjects of a Fair Go investigation have not been upheld. The investigation focussed on the sale of a massage product to an elderly man with severe foot pain. The Authority found the privacy of the salesperson was not breached through the brief broadcast of their business card which contained their image and contact details. The Authority found this did not amount to a highly offensive disclosure of private information. The Authority also found the broadcasts did not breach the balance, accuracy and fairness standards, finding that the broadcasts were unlikely to significantly misinform viewers regarding the sale of the product and the product itself. The Authority also found that, while there was public interest in the story, it did not amount to a controversial issue of public importance for the purposes of the balance standard....

Complaint3 News – dismissal of teacher – sex with student – identity revealed – privacy FindingsPrivacy – facts in public domain – no uphold This headnote does not form part of the decision. Summary An item on 3 News broadcast on TV3 on 26 March 2000 reported that a female teacher had had a sexual relationship with a student at a school where she had taught. She was named in the report, and a photograph of her was included in the item. In addition there was film footage showing the reporter knocking at the door of her home. Kevin Niederberger complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the teacher’s right to privacy had been violated by naming her, showing her photograph and filming her at her workplace....

Summary [This summary does not form part of the decision. ]The complainant made a direct privacy complaint about a discussion on Chinese Voice Radio, alleging that it breached her child’s privacy because it disclosed details of her dental treatment. The Authority found that the broadcast did not breach any individual’s privacy, as no one was identifiable in the broadcast. The complainant’s concerns about the dentist’s actions and the disclosure of details about the treatment were more appropriately dealt with by other agencies. Not Upheld: PrivacyIntroduction[1] During NZ Life, a talkback programme on Chinese Voice Radio 99. 4FM, the hosts discussed allegations made by a caller about a dentist who treated her child. The programme subject to complaint was broadcast on 13 February 2014. [2] CK, the caller, made a direct privacy complaint to this Authority, alleging that the broadcast breached her child’s privacy....