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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....

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. ]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....

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Complaint3 News – child participants – mother’s consent – children of gang member sought by police FindingsPrivacy principle (i) – uphold Privacy principle (vii) – mother’s consent insufficient – not in children’s best interests – uphold No Order This headnote does not form part of the decision. Summary An item about the "Screwdriver Gang" being sought by police was broadcast on 3 News on 25 January 2000 between 6. 00–7. 00pm. Footage was shown of two pre-school children whose father was a member of the gang. Miriam Rea complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the children’s right to privacy. She said regardless of whether the mother had given permission for the filming, she deplored TV3’s decision to include the footage of the children in the item....

A PDF of Decision 1999-053 can be downloaded here:Loos and Television New Zealand Ltd - 1999-053 PDF185. 19 KB...

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. ]An episode of Dog Squad showed dog handlers with the Department of Corrections searching visitors to a prison. The episode showed two occasions of the complainant (SW) being searched; firstly, her bag was searched when she was driving onto prison premises, and secondly, a sniffer dog identified that she was carrying contraband (tobacco) inside the prison and she was shown surrendering this to Corrections staff. In both instances her face was blurred. The Authority upheld SW’s complaint that broadcasting the footage breached her privacy. She was identifiable despite her face being blurred (by clothing, body type, voice, etc), and the disclosure of private facts about her, including prescription drugs she was taking, among other things, was highly offensive....

Download a PDF of Decision No. 1991-033:Rutherford and Television New Zealand Ltd - 1991-033 PDF1. 11 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...

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item about CCTV and New Zealand increasingly becoming a surveillance society – included footage of two school pupils fighting – allegedly in breach of privacy FindingsStandard 3 (privacy) – poor quality footage – no identifying features – pupils not identifiable – 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 22 June 2009, looked at the increase in CCTV video surveillance in New Zealand and whether the country was becoming a “surveillance society”. [2] The item included brief footage showing two school pupils fighting. The footage was grainy and looked to have been recorded on a cell phone. It showed a group of pupils standing around and jeering as one boy walked up to another and punched him in the head....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – man shown gathering scallops – statement in programme that “there was sufficient there anyway to issue him with a couple of infringement notices” – allegedly in breach of privacyFindingsStandard 3 (privacy) – filmed in a public place – no private facts disclosed – not upheldThis headnote does not form part of the decision. Broadcast [1] A segment on Coastwatch broadcast on TV One at 7. 30pm on 14 February 2005 showed a diver approached by Ministry of Fisheries officers while gathering scallops. The fisheries officer told him that he should only have collected 60 scallops, whereas he had 104 scallops on the boat. The fisheries officer explained that this was “not in the area of what we consider to be a serious offence”, and the diver said that he had been trying to do things by the book....

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....

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 upheld a privacy complaint about a Newshub item showing footage of children being uplifted from their homes by Oranga Tamariki. The Authority considered there was adequate information in the clip to enable identification of the children. While the story carried high public interest, protecting children’s privacy interests, particularly where the children are clearly vulnerable, must be paramount in broadcasters’ editorial decision making. Insufficient steps were taken to protect the children’s identities, and given the highly sensitive and distressing circumstances, the Authority considered the disclosure of footage enabling their identification was highly offensive. Upheld: Privacy Orders: Section 16(4) – $1500 costs to the Crown...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-043 Decision No: 1997-044 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NE and MH ARCHER (2) of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – hidden camera footage of caregivers hired to look after elderly actor – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) and privacy principle 3 – caregivers had an interest in seclusion – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – individual caregivers did not provide informed consent – public interest did not outweigh breach of individuals’ privacy – upheld Standard 6 (fairness) and guideline 6c – footage obtained “through misrepresentation or deception” – not required to use deception in the public interest – unfair to broadcast hidden camera footage – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast at 7. 30pm on 3 July 2007....