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Summary [This summary does not form part of the decision. ]An item on Sunday reported on an incident in which an innocent civilian was attacked by a police dog when a police dog handler failed to follow correct protocol. The Authority did not uphold the complaint that the broadcast of footage of the dog handler, taken from another programme series, breached his privacy. A combination of factors meant that Mr Moore did not have a reasonable expectation of privacy with regard to the footage, including that it was filmed in a public place, and he had already consented to its release into the public domain as part of a reality television series. Not Upheld: Privacy Introduction[1] An item on Sunday reported on an incident in which an innocent civilian, X, was attacked by a police dog when a police dog handler failed to follow correct protocol....

Warning: This decision contains content that some readers may find distressing. On 15 March 2019 a special 1 News broadcast covered the terrorist attacks on two Christchurch mosques. The broadcast featured footage of victims being taken into hospital, many of whom had visibly sustained gunshot injuries and/or were identifiable. The Authority did not uphold two complaints that the coverage breached the privacy standard. The Authority found that media coverage of this event had high public interest in light of the unprecedented nature of extreme violence that occurred. The media had an important role to play in informing the public of events as they unfolded, including the nature and scope of injuries suffered and the action of first responders, including medical personnel. The Authority acknowledged that the repeated use of footage of identifiable victims amounted to a breach of privacy but found that the public interest defence applied....

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-087 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by ENID BANCROFT of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item on singles looking for love – showed footage of people apparently at singles party – complainants shown – complainants were not at party – footage of them taken several years ago – allegedly breach of privacy, inaccurate and unfair – accuracy and fairness complaints upheld – privacy complaint declined – complainants referred privacy complaint to AuthorityFindingsStandard 3 (privacy) – no private facts disclosed – not upheldThis headnote does not form part of the decision Broadcast [1] On 29 May 2006, TV3’s Campbell Live, broadcast at 7. 00pm, included an item about singles “looking for love”. The item focussed on a singles party held recently in Auckland, and showed numerous shots of people socialising, apparently at the party, including a shot of the complainants smiling for the camera....

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…...

ComplaintClassic Hits – news items – privacy – complainant named in relation to theft charge – name suppression granted after broadcast FindingsPrinciple 8 – tape retention inadequate Privacy – public facts – no uphold Principle 5 – broadcasts not incorrect – no unfairness – no uphold This headnote does not form part of the decision. Summary A woman who had been charged with theft as an employee was named in news items broadcast on Classic Hits in Hamilton on 18 April and 2 May 2001. SF complained to The Radio Network Ltd, the broadcaster, that the news items broadcast on 18 April were incorrect and breached her privacy. TRN did not accept that the 18 April broadcast was incorrect. It noted that, at the time of the broadcasts, no name suppression order had been made by the court....

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

ComplaintPrivate Investigators – filming of Graeme Lee – privacy – unauthorised filming and broadcast – highly offensive and objectionable – unfair Findings (1) Privacy – no uphold (2) Standard G4 – majority – uphold This headnote does not form part of the decision. Summary An episode of Private Investigators was broadcast on TV One at 7. 30pm on 4 July 2000. Private Investigators is a series about the activities of private investigators in New Zealand. Hon Reverend Graeme Lee, a gospel minister and former Member of Parliament, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached his privacy. He also complained to TVNZ that the broadcast was unfair to him. The programme included footage of Mr Lee arriving for a prayer meeting at a house where a private investigator was in the process of recovering goods from its occupants....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

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....

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from seven members of the public about an episode of Sunday, which investigated gay conversion therapy and whether this practice was happening in New Zealand. Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon the three individuals’ interest in seclusion. All three individuals were discussing a sensitive matter and could not have reasonably expected their one on-one conversation to be recorded in its entirety and broadcast. The Authority found that on its face the broadcast breached the privacy of these individuals....

Summary A news item reported that an 18 month old girl was rescued from a fiercely burning home as a result of the heroism of a fire officer. The item was screened on One Network News, broadcast between 6. 00-7. 00 pm on 15 July 1999, and repeated on Breakfast beginning at 7. 00 am the following morning. Mr Le Comte complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that footage showing the young unconscious girl receiving medical treatment was an invasion of her dignity and privacy. As the item had emphasised the fire officer’s heroism, had not disclosed offensive facts and had not ridiculed the young girl, Television New Zealand Ltd did not accept that the item had breached her privacy. For the reasons below, the Authority declines to uphold the complaints....

ComplaintNewstalk ZB – talkback – topic – global warming – complainant tried to contribute – described as idiot – named as Brian – call terminated Findings Principle 3 – identity not revealed – no uphold Principle 4 – insufficient information – decline to determine Principle 5 – opportunity to terminate call without rudeness not taken – broadcaster irresponsible and abusive – uphold – no Order This headnote does not form part of the decision. Summary [1] Global warning was a topic discussed on talkback on Newstalk ZB, hosted by Leighton Smith, on the morning of 16 July 2001. At about 11. 12am, the complainant telephoned, gave his name as "Jim", and challenged the views advanced by a professor who had been interviewed, and who had disputed the global warming theory....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item reported on bullying at Massey High School – contained repeated footage of girls fighting – item was not preceded by a warning – parents and students interviewed expressed dissatisfaction at how the school had handled the incident – allegedly in breach of standards relating to privacy, accuracy, fairness, responsible programming, children’s interests, and violence FindingsStandard 3 (privacy) – students shown in the footage were not identifiable beyond those who would have already known about the altercation – not upheld Standard 6 (fairness) – item did not present itself as a follow-up to the previous story on bullying and was not unfair to X, his parents or Massey in this respect – impression created about fighting and bullying at Massey was not the result of unfairness but stemmed from the facts of the incident and the response of students and parents…...

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-158 Decision No: 1996-159 Dated the 21st day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R DALE of Nelson Broadcaster FIFESHIRE FM BROADCASTERS LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...