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Complaints under section 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Holmes – two items about a cat captured by complainant who thought it was a stray and took it from West Auckland to Penrose – second Holmes item advised cat found – allegedly inaccurate, unfair and a breach of privacy Eating Media Lunch – rebroadcast of some footage from Holmes – allegedly a breach of privacy FindingsHolmes items: Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld Standard 5 (Accuracy) and Guidelines 5a and 5b – no factual errors – item reported that letter of apology received since Holmes involvement, not because of Holmes involvement – not upheld Standard 6 (Fairness) and Guidelines 6a, 6c, 6d, 6f – light-hearted item – no intention to humiliate complainant – not upheld FindingsEating Media Lunch Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld…...

Complaint under section 8(1C) of the Broadcasting Act 19893 News – live news bulletin reported on Christchurch earthquake – included close-up footage and interviews with victims – allegedly in breach of standards relating to good taste and decency, privacy, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency) – unedited live news item reporting on extraordinary natural disaster – contextual factors – not upheld Standard 3 (privacy) – people shown identifiable – victims vulnerable – however, no interference in nature of prying – public interest – not upheld Standard 8 (responsible programming) – unscheduled live news programme – warnings – public interest – not upheld Standard 7 (discrimination and denigration) – complainant did not identify section of the community – not upheld This headnote does not form part of the decision....

The Authority has not upheld a complaint that an item on RNZ’s 9am news bulletin about an electricity shortage in New Zealand breached multiple standards. The complaint focused on the broadcast’s allegedly inappropriate use of terms such as energy, fossil fuels, power and electricity and the omission of contextual information. In the context of the news bulletin, the Authority found RNZ’s audience was unlikely to be misled. Accordingly, the accuracy standard was not breached. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

Complaint The Edge – caller to station advised that she had unwittingly committed incest and sought assistance with advising half-brother – caller telephoned her half-brother on-air advising him of their relationship – highly sensitive material – breach of privacy – releasing information offensive – no tape FindingsPrinciple 1 Guideline 1a – despite time for reflection, broadcaster proceeded with the broadcast of very sensitive information for entertainment purposes – upholdPrinciple 3 – privacy – consent from one party Privacy Principle (vii) – no uphold – no identification of the other – no uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] "Cleaning Out Your Closet" was the name of a competition run by The Edge, a radio station, in which callers speak about something they want to get off their chest. At about 5....

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....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item featured a woman who claimed to have suffered terrible experiences while in state care in the 1960s – photo shown of the woman as a young child with five other children – allegedly in breach of privacy and accuracy 3 News – item reported on government’s decision to bring forward a review of alleged abuse suffered by people while in state care during the 1960s and 70s – made reference to the 60 Minutes item and the woman who alleged she had been abused – showed the same photo as contained in the 60 Minutes item – allegedly in breach of privacy and accuracy Findings60 Minutes and 3 News Standard 3 (privacy) – children not identifiable beyond close family and friends – did not disclose any private facts – not upheld Standard 5 (accuracy) – viewers would not have been misled…...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about suburban brothels – showed hidden camera footage taken inside travel agency – reporter was shown asking teller about sending money back to China and “hiding the money” without any trace – teller agreed that she could do this – allegedly unbalanced, inaccurate, unfair and a breach of privacy FindingsStandard 3 (privacy) – companies have no right to privacy – teller had no interest in solitude or seclusion at place of employment – not upheld Standard 4 (balance) – subsumed under Standard 6 Standard 5 (accuracy) – item not misleading or inaccurate – hidden camera footage portrayed actual events – not upheld Standard 6 (fairness) – teller not treated unfairly – An Ying “referred to” but not identifiable, therefore broadcaster not required to give an opportunity to comment – use of hidden camera not unfair – not upheld This headnote does not form…...

ComplaintRadio Pacific – Solid Gold – The Edge – The Rock – messages broadcast over 4 days asking anyone who knew whereabouts of complainant to contact The RadioWorks – improper use of missing person report – unfair – breach of privacy FindingsPrinciple 3, guideline 3a – privacy principle (iii) – disclosure of name because of a company’s unpaid debt – intrusion into seclusion – majority uphold; privacy principle (iv) – no intention to ridicule – no uphold; privacy principle (v) – no public interest in name disclosure – majority uphold Principle 5, guideline 5c – reference to complainant unfair – majority uphold No Order This headnote does not form part of the decision....

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

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....

The Authority has not upheld a privacy complaint about an episode of David Lomas Investigates, which covered the story of a woman who as a baby was found on the footpath wrapped in newspaper. In two segments, Mr Lomas visited the address at which the baby was reportedly found, and during the course of the programme disclosed the street, suburb and city. Two letterbox numbers at the bottom of an entrance path and steps were also shown ‘at the next property’, as an example of what the address may have looked like when the baby was found (before construction of the new building on the property). The complainant argued this breached her privacy as the programme disclosed her full address and filmed her property without notifying her or asking for permission....

The Authority has upheld one aspect of a privacy complaint regarding an episode of A Question of Justice which contained sensitive and traumatic photos of the complainant. The programme contained a re-enactment of an assault on the complainant in 2008, and showed photos of the complainant in hospital with extensive injuries and in a state of undress. The Authority found that while the photos had previously been broadcast in 2009, the sensitive surrounding circumstances and traumatic nature of the photos, combined with the passage of time since they had last been made public, meant the photos had become private again (especially since the complainant had no prior knowledge of this broadcast)....

The Authority has not upheld a direct privacy complaint about an interview on Morning Report following the stabbing of an Auckland dairy worker. The interviewee (the local Neighbourhood Support Coordinator) speculated about who the victim could be and gave information about the living arrangements of the family who operated the dairy. The Authority did not find any breach of the privacy standard in relation to the victim’s family, on the basis the information disclosed did not attract a reasonable expectation of privacy. It noted in any event that the identity of the victim was officially confirmed soon after, and reporting on the circumstances surrounding the stabbing carried high public interest. Not Upheld: Privacy...

The Authority has not upheld a complaint that a Te Karere item reporting on the tangihanga of a prominent Māori activist and author breached the offensive and disturbing content, and privacy standards. The complaint was that the general fact of filming inside the whare tūpuna (meeting house) at the tangi was highly offensive as it was contrary to tikanga and the deceased’s wishes, and that the broadcast breached the complainant’s, the deceased’s and tūpuna (ancestors’) privacy. The Authority acknowledged the broadcast contributed to the distress and upset felt by the complainant. However, applying the standards and having regard to external cultural advice, the Authority did not consider the broadcast was likely to cause widespread disproportionate offence or distress to Te Karere’s audience....

The Authority has not upheld a complaint an item on 1 News breached the complainant and her grandchild’s privacy. The item, which reported on the implications of GP shortages in Northland, included footage of the complainant and her grandchild (who was in a moonboot with crutches) leaving a medical centre, and of them in the waiting room. The Authority acknowledged the sensitive nature of health information and encouraged broadcasters to obtain the consent of persons filmed in a medical centre (particularly where children are involved). However, the Authority found there was no reasonable expectation of privacy in the particular facts disclosed (being attendance at a medical centre) noting the complainant was initially depicted outside the centre, from a public footpath, where there was no expectation of privacy. No additional information was disclosed by the subsequent footage from within the waiting room. Not Upheld: Privacy...

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA teenager who was reported in a 3 News item as “believed” to have died in a Christchurch house fire (which killed her father, her father’s wife, her grandmother and a boarder), complained that the item was inaccurate, and had “shocked, upset and angered” many of those who knew her. She claimed the item was also unfair, and breached her father’s privacy as well as her own. The Broadcaster’s ResponseCanWest argued that the item was accurate because the report said the identities of the four dead were “believed to be 58-year-old Japanese immigrant Junichi Tomonaga and his wife, his teenage daughter and his mother or mother-in-law”....

ComplaintTarget – unauthorised filming on private premises – breach of privacy FindingsPrivacy principles (i) and (iii) applied – footage inoffensive – no breach of privacy – no uphold This headnote does not form part of the decision. Summary A hidden camera was used on a Target programme broadcast on TV3 on 9 July 2000 to assess whether a car’s wheel alignment had been properly carried out. The footage broadcast included pictures of the outside of the business premises, and members of the staff dealing with the customer. Chris Clarke, the proprietor of Action Auto Services, complained to the Broadcasting Standards Authority about the broadcast, arguing that the filming had been carried out unlawfully on his premises. His complaint concerned the promos for the programme as well as the programme itself....