Search Rapua

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....

Complaint under sections 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989One News – item about the Teachers Council registering people with convictions – referred to the case of a high school teacher who had been “convicted of supplying P to four students” – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) and privacy principle 2 – insufficient time had passed for public fact to become private – not upheld Standard 5 (accuracy) – while item was ambiguous as to whether Mr Arthur supplied P to his own students, it was inaccurate to state that he supplied P to students – upheld Standard 6 (fairness) – unfair to state that Mr Arthur supplied P to students – upheld No Order This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]During the Hauraki Breakfast Show Deborah Stokes, mother of New Zealand-born English cricketer Ben Stokes, rang the studio to complain about what she considered to be unfair comments made by the hosts regarding her son, and to defend him. Mrs Stokes asked to speak with someone off air. Host Matt Heath assured Mrs Stokes she was off air, when in fact the conversation was being broadcast live on air. The Authority upheld a complaint that the broadcast breached Mrs Stokes’ privacy. Mrs Stokes had a reasonable expectation that, in the circumstances, her phone call and the conversation would remain private. The recording and broadcast of her conversation, in circumstances where she had expressly asked for privacy was objectionable and would be highly offensive to an objective reasonable person in the complainant’s position....

Summary[This summary does not form part of the decision. ]The Breeze ran a competition in which listeners were invited to nominate an individual they felt to be deserving of a shopping spree. The programme hosts spoke to a woman (G) on air about her nomination of her friend (N), whom she described as just having left a ‘potentially abusive relationship’. The Authority upheld a complaint from N’s husband, LN, that the broadcast breached his privacy. The Authority found that LN was identifiable due to a combination of identifying features disclosed within the broadcast and readily accessible information outside of the broadcast. It considered the allegations of a potentially abusive relationship and other intimate details of the relationship were highly sensitive and personal, and clearly carried the quality of private information. The disclosure of such information would be highly offensive to an objective reasonable person....

Complaint under section 8(1A) of the Broadcasting Act 1989Marcus Lush Breakfast Show – host disclosed the street address of the house where the television programme Outrageous Fortune was filmed – allegedly in breach of privacy Findings Principle 3 (privacy) – no “identifiable individual” – right to privacy attached to the individual not to the house – not upheld This headnote does not form part of the decision. Broadcast [1] During the Marcus Lush Breakfast Show, broadcast on Radio Live on the morning of 11 February 2008, the radio host discussed the lack of famous film and television set locations in New Zealand that people can visit and pay homage to. He told viewers that he had received an email informing him of the street address of the house used as the fictional West family’s residence in the television programme Outrageous Fortune. [2] At approximately 8....

ComplaintHolmes – interview with Parekura Horomia – comments made during filming break – broadcast of private conversation – breach of privacy FindingsPrivacy – Privacy Principle (iii) – intentional interference with Mr Horomia's interest in solitude or seclusion – offensive – no consent – insufficient public interest – uphold This headnote does not form part of the decision. Summary An interview with the Minister of Maori Affairs designate, Parekura Horomia, was broadcast on Holmes on TV One at 7. 00pm on 24 July 2000. In an addendum to the interview, viewers heard a recording of comments made by Mr Horomia during a filming break about his distrust of the media. Jo Crowley complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached Mr Horomia's privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989George FM – radio hosts made comments about complaints to council in respect of a road closure for street party – allegedly in breach of privacy and unbalanced, inaccurate and unfairFindingsPrinciple 3 (privacy) – broadcast not offensive – not upheld Principle 4 (balance) – controversial issue of public importance not discussed – not upheld Principle 5 (fairness) – comments were fair comment – not upheld Principle 6 (accuracy) – not a news or current affairs programme – not upheldThis headnote does not form part of the decision. Broadcast [1] On Monday 22 August 2005 at approximately 12. 30pm, the hosts on George FM made comments about a party that the radio station had held. Particular reference was made to a person who had called the council a number of times in an attempt to close the event....

The Authority has upheld two complaints that a segment on The Project, about an incident where charges against a man who allegedly shot at a drone were dropped, was in breach of the fairness and accuracy standards. The Authority found the segment was unfair to the man and would have misled audiences as it provided an inaccurate account of events through an interview with the drone’s pilot and additional comments from presenters. The drone pilot interviewee was allowed to put forward unchallenged his views on the man, and the broadcaster did not do enough to provide the man with an opportunity to respond to the comments. As the broadcast did not disclose any private information about the man, nor discuss a controversial issue of public importance, the privacy and balance standards were not upheld. Upheld: Fairness, Accuracy Not Upheld: Privacy, Balance No orders...

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – report on dispute between Jim Anderton and Mike Moore – item showed an email from the complainant in which her name and email address were visible – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) and privacy principles 1 and 4 – email address not covered by privacy principle 4 – personal email address could be a private fact for the purposes of privacy principle 1 in some circumstances – in this case disclosure was incidental to the focus of the report – the disclosure was brief and would not be highly offensive to the objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6....

Complaint under section 8(1A) of the Broadcasting Act 1989Campbell Live – item looked at “cheap lunches for kids” as part of series on child poverty – reporter interviewed children on their way to school and asked them what they had for breakfast and lunch – children were obscured by traffic, and had their faces and in some cases their clothing pixellated – footage allegedly in breach of children’s privacy FindingsStandard 3 (privacy) – children were not identifiable and so footage did not breach their privacy – not upheld This headnote does not form part of the decision. Introduction [1] An item on Campbell Live was introduced as follows: Amongst the thousands of responses we have had to our series on child poverty, perhaps the question most often asked is, “What are the parents doing?...

ComplaintOne 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 grief of the complainant and her family FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief took place – but valid news item and item did not include gratuitous detail – no uphold This headnote does not form part of the decision. Summary [1] The complainant, a New Zealand woman, was the victim of a rape and other serious violent offences in the United States....

This decision was successfully appealed in the High Court: CIV 2007-485-2060 PDF46. 29 KB Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – interviewed a woman who was a committed patient under the Mental Health (Compulsory Assessment & Treatment) Act 1992 and receiving electroconvulsive therapy – woman said that she wanted the treatment to stop – item reported the view of the psychiatric hospital that the woman “was not well enough at the time of the interview to have given informed consent to it” – allegedly in breach of privacyFindings Standard 3 (privacy) and privacy principle 1 – disclosed private facts about woman – woman not capable of giving informed consent – no public interest in disclosing the private facts – upheldOrderSection 16(4) – payment of costs to the Crown $1,500This headnote does not form part of the decision....

ComplaintInside New Zealand – theft in the workplace – privacy – unfair – police diversion scheme – inaccurateFindingsPrivacy – no identification – no private facts – no uphold Standards G1, G3, G4, G5, G6, G7, G14, G16 and G19 – no uphold This headnote does not form part of the decision. Summary An Inside New Zealand documentary entitled "Stealing on the Job" was broadcast on TV3 on 23 August 2000 at 8. 30pm. Hidden camera footage showed employees in various workplaces stealing money from their employers. Promos for the programme were shown in the days preceding the broadcast. R, the father of one of those filmed, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his son’s privacy had been breached by the broadcast of the programme and the promos for it....

ComplaintThe Rock – a number of complaints – breach of privacy – using the airwaves to ridicule and denigrate – unfair – unjust Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) s. 4(1)(c) – privacy – no identification – no uphold (3) Principle 5 – 6 December broadcast – no uphold11 December broadcast (6. 19am) – threatening and intimidatory – uphold11 December broadcast (8. 35am) – suggesting someone has mental problems unfair – uphold12 December broadcast (6. 22am) – no uphold12 December broadcast (6. 54am) – no uphold13 December broadcast – abusive and threatening – uphold20 December broadcast – no uphold7 January broadcast – no uphold Orders(1) Broadcast of statement(2) $250 reimbursement of reasonable legal costs and expenses This headnote does not form part of the decision. Summary [1] R K Watkins complained to the Broadcasting Standards Authority under s....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the death of a Georgian luger at the Winter Olympics in Canada – showed footage of the athlete coming off his sled, flying over the barrier and hitting a metal pole – included still shots of the athlete in the air just prior to hitting the pole and then again in slow motion – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – contextual factors – item handled with care and sensitivity – not upheld Standard 3 (privacy) – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – item about strike action at the Port of Lyttelton – showed staff who were not on strike – complainant alleged that viewers might assume that they were on strike – alleged breach of privacyFindingsStandard 3 (privacy) – staff not identifiable – not upheldThis headnote does not form part of the decision. Broadcast [1] Strike action at the Port of Lyttelton was dealt with in an item broadcast on 3 News beginning at 6. 00pm on 29 March 2005. Complaint [2] The Chief Executive (Rod Grout) of Pacifica Shipping (1985) Ltd (trading as the Pacific Transport Group) complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item breached the privacy of some Pacifica Shipping workers....

Summary[This summary does not form part of the decision. ]Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The Authority did not uphold a complaint that the item breached the privacy of grieving families attending the memorial service. Families in attendance at the memorial generally cannot be considered under the privacy standard, which is concerned with identifiable individuals. In any case, the coverage was duly sensitive and respectful, was not overly intrusive and did not focus on any particular individuals at length. Not Upheld: PrivacyIntroduction[1] Newshub reported on a Christchurch earthquake memorial service, which marked the five-year anniversary of the February 2011 earthquake. The item included footage of attendees at the memorial service. [2] Iain Baxter complained that the item breached the privacy of grieving families who attended the memorial service....

Download a PDF of Decision No. 1992-007:Gisborne Boys' High School Board of Trustees and Radio 89FM - 1992-007 PDF808. 9 KB...

Download a PDF of Decision No. 1991-052:Collins and Television New Zealand Ltd - 1991-052 PDF521. 77 KB...