Search Rapua

The Authority has not upheld a complaint that broadcasting an image of Julian Batchelor’s car (sign-written with ‘stop co-governance’ advertising, including Batchelor’s website domain name, and cell phone number) breached Batchelor’s privacy due to the car’s licence plate not being blurred. The Authority found that no private information had been disclosed – noting the car was parked in a publicly visible place, and the Authority has previously found brief footage of licence plates in a broadcast does not amount to an offensive disclosure of private facts, for the purposes of the standard. Not Upheld: Privacy...

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

The Authority has not upheld a complaint about a Midday Report segment on Charlie Kirk’s death, which included a recording of Kirk’s final interaction and the gunshot which killed him. The complainant considered it offensive and lacking in decency to broadcast Kirk’s final moments. In the context, including comments alerting listeners to the pending content, the Authority found it was unlikely to disproportionately offend or disturb the Midday Report audience. Those who did not wish to listen were given a reasonable opportunity to turn the programme off. Noting the significant public interest in the segment, the Authority also found no harm justifying its intervention to limit the broadcaster’s freedom of expression. The privacy standard did not apply. Not Upheld: Offensive and Disturbing Content, Privacy...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – interview with motorbike stuntman at the Western Springs Speedway – showed footage of two men operating leaf blowers outside the speedway – allegedly in breach of privacyFindingsStandard 3 (privacy) – broadcast did not disclose that complainant was completing a community work sentence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 11 October 2006, included an interview with one of the “Crusty Demons” – a motorbike stunt team which was visiting New Zealand. The item was filmed mostly at the Western Springs Speedway. At the conclusion of the segment, footage of two men operating leaf blowers in a surrounding area of the speedway was shown....

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...

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 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA teenager who was reported in a 3 News item as “believed” to have died in a Christchurch house fire (which killed her father, her father’s wife, her grandmother and a boarder), complained that the item was inaccurate, and had “shocked, upset and angered” many of those who knew her. She claimed the item was also unfair, and breached her father’s privacy as well as her own. The Broadcaster’s ResponseCanWest argued that the item was accurate because the report said the identities of the four dead were “believed to be 58-year-old Japanese immigrant Junichi Tomonaga and his wife, his teenage daughter and his mother or mother-in-law”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – host made comments about a listener who had emailed him – called listener a “moron” who was “incapable of rationality” and said “don’t email me again until you’ve had some help with your head” – allegedly in breach of privacy and unfair – broadcaster upheld fairness complaint – complainant dissatisfied with privacy decisionFindingsPrinciple 3 (privacy) – no reasonable expectation of anonymity when emailing a radio station – no private facts disclosed – implied consent given to broadcast name – not upheldThis headnote does not form part of the decision. Broadcast [1] During Leighton Smith’s talkback show on Newstalk ZB at approximately 10. 10am on 17 March 2006, the host made the following comments about a listener who had emailed him: Oh dear, Kevin Malone go away. Go and get help for goodness sake. You are incapable of rationality....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Sports Tonight – words “tough” and “disconnect” allegedly used by presenters – allegedly in breach of good taste and decency, law and order, and privacy Findings Standards 1 (good taste and decency), 2 (law and order) and 3 (privacy) – adequate response from broadcaster – use of the words did not threaten broadcasting standards in any way – not upheld This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Friday 25 September 2009. Sports Tonight was broadcast on TV3 at 11pm on Wednesday 30 September 2009....

Complaint under section 8(1A) of the Broadcasting Act 1989Target – actor ordered four different gift baskets from four different companies over the phone – presenter commented on what the phone operators had said – allegedly in breach of privacy Findings Standard 3 (privacy) – item did not disclose the identity of the phone operator – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, broadcast on TV3 at 7. 30pm on Tuesday 13 May 2008, contained a review of four different gift basket companies. The programme used an actor to call each of the four companies and order a gift basket to the value of $100....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Last Laugh – practical joke played on 17-year-old woman – filmed inside her bedroom with her family’s consent – allegedly a breach of privacy Findings Standard 3 (privacy) and privacy principle 3 – broadcast of footage filmed inside complainant’s bedroom was an offensive intrusion in the nature of prying – no public interest in broadcast of footage – upheld Order Section 13(1)(d) – payment to NM for breach of privacy $500. 00 This headnote does not form part of the decision. Broadcast [1] An episode of the entertainment programme The Last Laugh was broadcast on TV2 at 11. 30pm on 5 December 2006. The series relied on family and friends to nominate practical jokers who would then become the subject of a practical joke....

Complaints under section 8(1)(c) of the Broadcasting Act 1989 Holmes – two items about allegations of sexual abuse against former church worker – described in second item as “sexual monster” – named and photographs shown – alleged breach of privacy – second item included recent footage of church worker allegedly taken without permissionFindings Standard 3 (Privacy) and Guideline 3a – Privacy Principles (i), and (iv) – disclosure was a breach of privacy principle (i) but justified in the public interest – not upheld Standard 3 (Privacy) and Guideline 3a – Privacy Principles (iii) – footage of man taken from public place – not upheld This headnote does not form part of the decision. Broadcast [1] Allegations of sexual abuse by the former supervisor at an orphanage run by the Presbyterian Church in the 1970s were made in items on Holmes broadcast on TV One at 7....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

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…...

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…...