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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 79/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SAM HUNT of Wellington Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

ComplaintMore FM – radio competition – disclosure of work-place – unfair – breach of privacyFindingsPrinciple 3 Guideline 3a – Privacy Principle (v) – complainant’s work-place private information – uphold – apology to complainant sufficientPrinciple 5 – broadcaster upheld complaint – action taken sufficientNo OrderThis headnote does not form part of the decision. Summary[1] On 10 May 2002, B entered a radio competition on More FM in Dunedin. B’s work-place details were broadcast, after he had specifically stated that he did not want his work-place disclosed on-air. [2] B complained to More FM, the broadcaster, that the broadcast breached his privacy and was a "blatant and deceitful" breach of the requirement that broadcasters deal justly and fairly with any person taking part in a broadcast. He also complained directly to the Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the same broadcast had breached his privacy....

ComplaintClassic Hits – news items – privacy – complainant named in relation to theft charge – name suppression granted after broadcast FindingsPrinciple 8 – tape retention inadequate Privacy – public facts – no uphold Principle 5 – broadcasts not incorrect – no unfairness – no uphold This headnote does not form part of the decision. Summary A woman who had been charged with theft as an employee was named in news items broadcast on Classic Hits in Hamilton on 18 April and 2 May 2001. SF complained to The Radio Network Ltd, the broadcaster, that the news items broadcast on 18 April were incorrect and breached her privacy. TRN did not accept that the 18 April broadcast was incorrect. It noted that, at the time of the broadcasts, no name suppression order had been made by the court....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

ComplaintZMFM – "Bonk patrol" – man accused by neighbours of noisy love-making approached at home by announcer – comments broadcast live – man felt humiliated – breach of privacy Findings Privacy – s4(1)(c) – complainant not identified – no uphold This headnote does not form part of the decision. Summary An announcer from ZMFM set out on what he called the "bonk patrol" during the breakfast session broadcast on 1 May 2001. He visited a woman who complained that her sleep was disturbed because of the frequent sounds of love-making in the flat upstairs. The announcer then woke up the man upstairs and asked him about his noisy love-making. The questions and answers were broadcast. PD, the occupant of the flat upstairs, complained direct to the Broadcasting Standards Authority under s....

Summary[This summary does not form part of the decision. ]Four episodes of The Windsors, a British satirical comedy series, parodied the British Royal Family with reference to topical events. The episodes featured exaggerated characters based on members of the British Royal Family and contained offensive language and sexual material. The Authority did not uphold a complaint that the episodes failed general standards of common taste and decency, and denigrated and ridiculed the Queen and her family. The Authority found that the episodes were clearly satirical and intended to be humorous. While this particular brand of humour may not be to everyone’s liking, the right to freedom of expression includes the right to satirise public figures, including heads of state. In the context of an AO-classified satirical comedy series, which was broadcast at 8....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-004 Decision No: 1996-005 Decision No: 1996-006 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by COMPLAINANT L of Auckland Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 1989More FM Dunedin – complainant live on-air as winner of two movie tickets – said she was studying – host allegedly said “and to think three years ago you were sitting on your arse doing nothing going nowhere” – allegedly unfair and breach of privacyFindingsPrinciple 3 (privacy) – no private facts disclosed – no intrusion – not upheldPrinciple 5 (fairness) – comment intended as compliment – apology offered in view of misunderstanding appropriate – not upheldThis headnote does not form part of the decision. Broadcast[1] The complainant was a caller to More FM Dunedin as the winner of two movie tickets. She was put on air by the host and, in response to a question, she said that she was studying....

ComplaintShred – offensive behaviour – offensive language – sexually explicit graffiti named people living in Ohakune – privacy of named individuals breached FindingsG2 – currently accepted norms of decency and taste – uphold Privacy – no private facts disclosed – no uphold OrderBroadcast of statementCosts of $1000 to Crown This headnote does not form part of the decision. Summary Graffiti seen on a playground structure in Ohakune formed the basis for a skit on the snowboarding programme Shred, broadcast on TV2 at 10. 30pm on 7 September 2000. The presenter read out some of the sexually explicit graffiti, which included the first names of several people. Dennis Beytagh complained to Television New Zealand Ltd that he objected "in the strongest possible terms" to the content of the programme. He said he had never heard nor seen such explicit obscenities and descriptions of aberrant sexual practices being broadcast....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-065 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by H C HILDRETH of Waiuku Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintPrivate Investigators – item on computer software piracy – privacy – identification Findings(1) Privacy – no identification – no uphold This headnote does not form part of the decision. Summary An episode of Private Investigators, a series about the activities of private investigators in New Zealand, was broadcast on TV One at 7. 30pm on 27 June 2000. PW, through her lawyer, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast had breached her privacy. The programme had included a segment about pirated computer games. Footage was broadcast which showed a private investigator recovering software from a house occupied by PW. PW’s lawyer explained that she had been recently released from the police witness protection scheme, and had expressed to the programme makers her wish not to be identified due to her background....

Download a PDF of Decision No. 1990-006:Walker and Triple M Ltd - 1990-006 PDF1. 3 MB...

The Authority has declined to determine a complaint, under multiple standards, regarding two news items broadcast on Labour Day 2024: one about a protest against a proposed sewerage project and the other about commemoration of New Zealand’s Land Wars. Noting the complaint was not about content in the broadcasts but content the complainant wished to see included, the Authority found it related to editorial discretion and personal preference, which is not capable of being determined by a complaints procedure. The Authority considered that, in all circumstances of the complaint, it should not be determined by the Authority.   Declined to Determine (s 11(b) of the Broadcasting Act 1989 - in all circumstances): Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

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....

Chair Joanne Morris declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reported on the use of anti-depressants – excerpts from a radio talkback show were used in the item – two excerpts involved the complainant discussing her use of anti-depressant drugs – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) – complainant not identifiable in the item – item did not disclose any private facts – not upheld This headnote does not form part of the decision. Broadcast [1] An item on the 20/20 programme, broadcast on TV2 at 9. 30pm on 30 August 2007, examined the use of the anti-depressant drug Aropax and the difficulty some people had experienced when trying to stop using it. The item included excerpts from a radio talkback discussion concerning the use of anti-depressants....

Complaint under section 8(1A) of the Broadcasting Act 1989 The Breeze – host revealed the fact that he and his wife had separated during the Christmas holiday break – statement included wife’s first name – allegedly in breach of privacy Findings Standard 3 (privacy) – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on The Breeze, broadcast between 6am and 6. 30am on Monday 19 January 2009, the host revealed to listeners that he and his wife had separated during the Christmas holiday break. The host disclosed his wife’s first name. Referral to the Authority [2] Barbara White lodged a privacy complaint about the broadcast with the Authority under section 8(1A) of the Broadcasting Act 1989....