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An appeal against this decision was dismissed in the High Court AP46/02 PDF1. 3 MBComplaint20/20 – "Paradise Lost" – item on child prostitution in Fiji – breach of children’s privacy – unfair depiction of child victim – discrimination on account of sex, race and ageFindingsPrivacy – privacy principle (i) – public disclosure of private facts about children – highly offensive and objectionable facts – no public interest defence under privacy principle (vi) – upholdStandard G4 – child sex abuse victim treated unfairly – upholdStandard G13 – high threshold – no upholdCross-referenceDecision No. 1999-125–137OrderBroadcast of statementCosts to complainant of $463. 50This headnote does not form part of the decision. Summary[1] "Paradise Lost", an item on 20/20, was broadcast on TV3 at 7. 30pm on 15 July 2001....

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....

Complaint under section 8(1)(c) of the Broadcasting Act 198960 Minutes – interviewed Phyllis Tarawhiti who had been recently released from a prison in Thailand – included footage of family and friends at her 50th birthday party – item also included a photo of a family portrait – allegedly in breach of privacyFindings Standard 3 (privacy) – broadcasting footage from birthday party disclosed private facts – disclosure not highly offensive – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 2 April 2007, interviewed Phyllis Tarawhiti, a woman who had recently been released from prison in Thailand and who had returned home to New Zealand....

SummaryBirthday calls broadcast by 1XX in Whakatane on the morning of 7 April 1999 included one to BB who, it was said, was 50 on Saturday. The call included the comment that she was to be reunited on that day with her son whom she had given up for adoption 30 years ago. BB complained to Radio Bay of Plenty Ltd, the broadcaster of 1XX, that this incorrect statement was offensive and an invasion of her privacy. Explaining that an apology had been broadcast on 8 April and that a complaint had been made by the broadcaster to the police, Mr Glenn Smith, the broadcaster's Managing Director, apologised for the distress caused by the broadcast. Dissatisfied with the broadcaster’s decision, BB referred her complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....

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[This summary does not form part of the decision. ]A 1 News item reported on an incident involving All Black Aaron Smith. Two witnesses claimed that while on official All Black business, Mr Smith used a disabled toilet in Christchurch Airport for a ‘sexual encounter’ with a woman who was not his partner. The item briefly showed a photo of Mr Smith and his partner. The Authority did not uphold a complaint that the item breached Mr Smith’s partner’s privacy. Information about her identity and her relationship to Mr Smith was publicly known and had already been the subject of widespread media coverage in relation to the incident prior to the broadcast. This was therefore not information over which she had a reasonable expectation of privacy. The 1 News item also disclosed less information about Mr Smith’s partner than other media outlets had already disclosed....

Summary A prison officer, accused of a sexual relationship with an inmate, was the subject of a 20/20 item entitled "A Pregnant Silence" broadcast on TV3 on 13 September 1998 between 6. 30–7. 30pm. K complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached her privacy because it included footage of her house when the prison officer, who was her flatmate, was filmed leaving her home. She observed that its identity was clear because the house number was clearly shown. She argued that when personal details were given about the officer, it could have been incorrectly inferred that he lived at that address with his family. K sought an assurance that no more footage of her house would be shown as she had no connection with the story....

Summary The final episode in the series Weddings reported that a marriage featured in an earlier episode had broken up after two months. It contained footage of the wedding shown in the earlier programme, and included comment from the bride about the reasons for the break-up. The episode was broadcast on TV2 at 8. 00pm on 14 June 1999. MT, the bridegroom involved, complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast had breached his privacy. He had declined to take part in the follow-up programme, he wrote, and had informed the programme maker that he wanted neither his name used nor his face shown. He said he felt exploited by the use of the wedding photographs on the programme....

ComplaintLocation, Location, Location – complainants attended and participated in auction – complainants claimed that they would not be filmed – shown on programme – unfair – breach of privacy FindingsStandard 6 – irreconcilable conflict of facts as to particulars of the request not to film – decline to determine Standard 3 Guideline 3a Privacy Principle iii – no intentional intrusion – no uphold This headnote does not form part of the decision. Summary [1] A couple was shown making the final bid in the auction for a house during an episode of the reality series Location, Location, Location. The bid was unsuccessful as it failed to reach the reserve. The episode was broadcast on TV One at 8. 00pm on 17 July 2002. [2] BQ and CR, the couple making the bid, complained to Television New Zealand Ltd, the broadcaster, about the item....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police – twice showed the complainant being arrested and taken to the police station to “detox” after solvent abuse – complainant’s first name was disclosed and his house was shown – allegedly in breach of privacy and fairness standards FindingsStandard 3 (privacy) – complainant was identifiable due to use of his first name, full length shots of his body and clothing, footage of his property and street, recordings of his voice – complainant’s solvent abuse was a private fact – disclosure of complainant’s solvent abuse in the late 1990s would be highly offensive to an objective reasonable person – public interest did not outweigh the complainant’s right to privacy – upheld Standard 6 (fairness) – breach of complainant’s privacy was also unfair – unfair to re-broadcast footage more than 10 years after filming – upheld OrdersSection 13(1)(d) – costs to the complainant for breach of…...

Summary[This summary does not form part of the decision. ]An episode of Water Patrol, a reality TV series following the work of the Maritime Police, showed footage of the complainant, PG, in his boat in the Marlborough Sounds. The police vessel approached him from behind and asked him to stop his motor. The complainant was caught off-guard, apparently not wearing any pants. As he stood up to engage with the police, the fact he was wrapping a towel around his waist was highlighted and the police officer turned to the camera and commented, with a smile on his face, 'very unusual'....

Complaint under section 8(1A) of the Broadcasting Act 1989Sunday – item showed brief footage of a stolen car, including its number plate – allegedly in breach of privacy standardFindingsStandard 3 (privacy) – complainant and her husband were not identifiable through the footage of their car and number plate – no private facts were disclosed about the complainant or her husband that would be considered highly offensive to an objective reasonable person – item focused on the offender and how his background may have contributed to his offending – not upheld This headnote does not form part of the decision. Introduction [1] An item on Sunday profiled a young man who was a recidivist car thief and contained interviews with the man and with his family members about his background....

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....

The Authority has not upheld a complaint about an item which reported on the road toll over Labour Weekend and showed images of an accident where a woman was hit by a truck. The Authority found the privacy, fairness, accuracy and law and order standards were not breached. The complainant alleged the driver of the truck was identified and the broadcast gave the impression they were at fault for the accident. The Authority found the item did not identify the driver of the truck nor reveal private information about them. The item did not refer to the driver, nor give the impression the truck driver was not driving safely. The item reported on what police had said were potential causes of crashes, but it was clear this was not referring to the specific incidents which had taken place over the weekend. Not Upheld: Privacy, Fairness, Accuracy, Law and Order...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

Complaint under section 8(1A) of the Broadcasting Act 1989Tarana Drive Time Chit Chat Show – talkback programme contained discussion about “promiscuous characters” – host made comments about complainant’s Facebook messages – allegedly in breach of privacy standard FindingsStandard 3 (privacy) – comments were general only and did not contain reference to sufficient identifying features for the purposes of the privacy standard – it was unlikely the complainant was identifiable beyond those who knew about her private Facebook messages, so the comments did not breach her privacy – not upheld This headnote does not form part of the decision. Introduction [1] Tarana Drive Time Chit Chat Show, a talkback programme broadcast in Hindi, contained a discussion about “promiscuous characters”, with the host inviting listeners to call in and give their views of, “Who is more flirty, girls or boys?...