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TF and NZME Radio Ltd - 2016-063 (15 December 2016)

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. This amounted to a highly offensive disclosure and was a breach of TF’s privacy.

Upheld: Privacy

Orders: Section 13(1)(d) – privacy compensation $2,000; section 16(4) – costs to the Crown $2,000; section 13(1)(a) – broadcast statement