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Complaint3 News – dismissal of teacher – sex with student – identity revealed – privacy FindingsPrivacy – facts in public domain – no uphold This headnote does not form part of the decision. Summary An item on 3 News broadcast on TV3 on 26 March 2000 reported that a female teacher had had a sexual relationship with a student at a school where she had taught. She was named in the report, and a photograph of her was included in the item. In addition there was film footage showing the reporter knocking at the door of her home. Kevin Niederberger complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the teacher’s right to privacy had been violated by naming her, showing her photograph and filming her at her workplace....

Summary[This summary does not form part of the decision. ]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....

Complaints under sections 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Newstalk ZB – item on the sale of shares by the New Plymouth District Council – broadcast of complainant’s recorded comments regarding the issue – allegedly unfair – alleged breach of privacyFindings Principle 3 (privacy) – no private facts disclosed – not upheld Principle 5 (fairness) – complainant should have been aware he was being recorded – spirit of Guideline 5a observed – not upheldThis headnote does not form part of the decision. Background [1] On 8 September 2004 the complainant faxed to Newstalk ZB a copy of a letter he had sent to various official institutions, including the office of the Auditor-General. The letter included allegations by Mr Gibbs that a district council executive stood to benefit financially from the sale of shares by the New Plymouth District Council....

Summary [This summary does not form part of the decision. ] A Campbell Live item reported on a convicted fraudster, X, and contained interviews with her ‘victims’, including a disabled man who had advanced money to X on the basis her daughter would become his wife. A photo was shown of his supposed wife-to-be (the complainant). The Authority did not uphold her complaint that showing her photograph breached her privacy. While it was unfortunate, very few people would have identified the complainant, there was no suggestion she was involved in the scam, and viewers were more likely to think the photo was not legitimate, so the disclosure was not highly offensive. Not Upheld: Privacy Introduction [1] An item on Campbell Live reported on a convicted fraudster, X, who allegedly took advantage of vulnerable people....

Summary [This summary does not form part of the decision. ]My Kitchen Rules showed the contestants shopping at a Countdown supermarket in Christchurch, in which the complainant was briefly visible in the background. The Authority declined to uphold the complaint that the footage of the complainant breached her privacy. The footage was extremely fleeting and she would have been identifiable to only a very limited group of people, paying close attention to the footage. The complainant's whereabouts were not a private fact because she had voluntarily disclosed this on social and professional networking sites and this information, along with her employment at the Countdown store, were disclosed in a press release. Not Upheld: PrivacyIntroduction[1] During My Kitchen Rules, a competitive cooking show, the contestants were filmed shopping at a supermarket in Christchurch. The complainant, CE, was shown very briefly in the background....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live, 3 News and The Jono Project – items included hidden camera footage of reporters wearing burqas and speaking to the complainant outside her shop – complainant refused reporters entry to her shop and questioned their style of dress – items commented on complainant’s behaviour – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – guideline 6c – footage obtained through misrepresentation and complainant was not informed of the nature of her participation – footage not justified by the public interest – complainant should have been given an opportunity to respond to the negative portrayal of her in the programmes – upheld Standard 3 (privacy) – complainant identifiable – broadcasts did not disclose any private facts – filming occurred in a public place and complainant not particularly vulnerable – not upheld Standard 5 (accuracy) – 3 News and Campbell Live…...

Summary [This summary does not form part of the decision. ]A repeat broadcast of an episode of Serious Crash Unit investigated a collision between two vehicles where one driver died. The Authority did not uphold the complaint from the surviving driver that the repeat broadcast, without his consent, breached his privacy. The complainant signed a consent form, and the timeline between the accident and the repeat broadcast more than four years later, in the absence of any further objections from him, suggested that he gave his consent freely, and not under duress. Not Upheld: PrivacyIntroduction[1] An episode of Serious Crash Unit investigated a collision between two vehicles where one driver died. The crash occurred on 4 December 2009, and the episode subject to complaint – a repeat broadcast – screened on 24 May 2014 on TV ONE....

Summary [This summary does not form part of the decision. ]An item on Fair Go investigated a Christchurch roofer who had failed to complete a number of jobs for which he had already taken payment from customers. The roofer was interviewed on his doorstep, and explained he had mental health issues. The Authority did not uphold the complaint that the item breached the man’s privacy because it revealed his mental health status. The roofer willingly discussed his mental health with the reporter, including on camera, as part of his explanation in response to the customers’ claims, so he could not reasonably expect that information would remain private. Not Upheld: Privacy Introduction[1] An item on Fair Go investigated a Christchurch roofer who had failed to complete a number of jobs for which he had already taken payment from customers....

Summary[This summary does not form part of the decision. ]A story on 60 Minutes featured tragic driveway accidents involving children. Part of the story focused on the death of an 18-month-old boy, and the subsequent struggles of his mother. The mother also discussed her other son, S, and photos and footage were shown of him. The Authority upheld a complaint from S's father that the programmes breached S's privacy. S was identifiable by name and image, he was linked with details of his mother's drug addiction and prostitution which constituted private facts and this disclosure was highly offensive. In the circumstances the broadcaster's primary concern ought to have been the best interests of the child, regardless of any consent obtained. The Authority recognised the value and public interest in the story but this was outweighed by the need to protect the child....

Summary[This summary does not form part of the decision. ]ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day, and subsequently located and reunited with her family. The Authority did not uphold a complaint that the item breached the privacy of the girl and her sisters. The item did not disclose any private information about the girl; the details given were in the public domain at the time of the broadcast and carried high public interest, as they may have assisted with the search for her abductor. The girl’s sisters were not identifiable in the item and therefore their privacy was not breached. Not Upheld: PrivacyIntroduction[1] An item on ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day....

Summary[This summary does not form part of the decision. ]A ONE News item reported on a local murder trial and included footage of a witness giving evidence in court. The witness was named but his face was not shown and his voice was disguised. The Authority did not uphold a complaint from a member of the public that the item breached the witness’s privacy. While he was identifiable in the item, no private information was disclosed about him. The footage of the witness was taken during open court and there was no name suppression order in place. The evidence the witness gave at trial had already been widely reported by other media outlets at the time of broadcast. Therefore, the witness had no reasonable expectation of privacy over the information disclosed about him, and his privacy was not breached....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989High Country Rescue – profiled the attempted rescue of a tramper who died – made various references to the man’s “tramping party” and the “friends of the injured man” and showed brief footage of some of them with their faces blurred – allegedly in breach of privacy and fairness standardsFindingsStandard 6 (fairness) – complainant did not “take part” in the programme and was not sufficiently “referred to” for the purposes of the fairness standard – not upheld Standard 3 (privacy) – complainant was not identifiable – no private facts disclosed – footage of the complainant was not broadcast and so no disclosure of information obtained through an intrusion with the complainant’s interest in seclusion – not upheld This headnote does not form part of the decision....

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....

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Download a PDF of Decision No. 1990-005:McAllister and Television New Zealand Ltd - 1990-005 PDF1. 03 MB...

Summary [This summary does not form part of the decision. ] An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The Authority did not uphold the complaint that the broadcast breached the tenant’s privacy. By the time of this repeat broadcast in June 2013, the tenant had not lived at the property for some years, so she was not identifiable from the broadcast. Nevertheless the Authority expressed concern about the production company’s ‘usual practice’ of only notifying and obtaining consent from the landlord, and not the tenant. Not Upheld: Privacy Introduction [1] An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The programme was broadcast on 23 June 2013....

Summary [This summary does not form part of the decision. ] An item on Story investigated an alleged issue within the Auckland property market. It was introduced: ‘Some real estate agents are helping investors and traders… get the houses first [before auction]’. An actor approached different real estate agencies and asked agents to sell him properties for investment prior to auction and at a lower price, which the presenter claimed would be in breach of the industry code. Amy Wildman, one of the agents approached, was filmed with a hidden camera apparently agreeing to sell a property prior to auction. The Authority upheld a complaint from Ms Wildman that she was treated unfairly. The broadcast was damaging to Ms Wildman and did not fairly represent her position, and the use of the hidden camera footage was, on balance, not justified by public interest considerations....

Summary [This summary does not form part of the decision. ] Hosts and a guest on the Otago student radio station, Radio One, made comments about a well-known Dunedin resident, including that he had been in a psychiatric hospital, and that his parents locked him up as a child because he was slow and an embarrassment to them. The Authority upheld the complaint that this breached the man’s privacy. The information disclosed had the quality of private information whether or not it was true. It was sensitive in nature and attracted a reasonable expectation of privacy. The broadcaster accepted that the comments were unacceptable and in poor taste, so the Authority did not make any order, but encouraged Radio One to take remedial steps as it saw fit....

Download a PDF of Decision No. 1992-094:Lane and Television New Zealand Ltd - 1992-094 PDF1. 36 MB...