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Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-054 Decision No: 1998-055 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LINDA TAYLOR-DEAN of Whitianga and THAMES COROMANDEL DISTRICT COUNCIL Broadcaster COROMANDEL COMMUNICATIONS LTD trading as COROMANDEL FM S R Maling (Chairperson) L M Loates R McLeod J Withers...

Summary[This summary does not form part of the decision. ]An item on ONE News discussed the difficulties first-home buyers face in attaining a Government HomeStart financial grant. At the end of the item, the reporter discussed the increase in the number of overseas buyers in Auckland. During this segment, footage of three people walking into an open home from the road was shown. At the end of the item, this group and one other individual were shown getting into a car parked in the street, with the number plate clearly visible. The Authority did not uphold a complaint that this footage breached the group’s privacy. While the individuals walking to the car were identifiable, none of their personal details were disclosed, and they had no reasonable expectation of privacy in the circumstances....

The Authority has upheld a direct privacy complaint about a 1News item regarding a TVNZ on-demand series investigating Destiny Church. The item featured excerpts of an interview from the series, with a former member of the church who participated on the condition her face would remain hidden. The complaint was that the interviewee’s facial features were visible in the broadcast, which in the complainant’s view represented a ‘grave failure’ by the broadcaster to meet its obligations to protect the interviewee, given the seriousness of the circumstances and risk of harm to them. TVNZ accepted there was a breach of the privacy standard on the basis the interviewee’s face was visible to some viewers in certain viewing conditions, which the interviewee had not consented to. The Authority agreed and upheld the complaint as a breach of the interviewee’s privacy....

 The Authority has not upheld a complaint about a 1 News segment that discussed allegations and criticisms about the operations of the Tongan Health Society. The segment featured interviews with former employees and Board members who criticised the management of the Society, its CEO Dr Glenn Doherty, and called for an independent review of the Society. The Authority found that the requirements of the fairness and balance standards were met as TVNZ had taken reasonable steps to seek, and then adequately presented, the Society’s point of view on the issues raised in the programme. The Authority found the disclosure of the CEO’s request for a bonus and extracts from correspondence between the CEO and Board relating to this amounted to a breach of privacy, but determined that the defence of public interest applied on this occasion. Not Upheld: Balance Fairness, Accuracy, Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

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....

Summary [This summary does not form part of the decision. ] The introduction to a Neighbours at War story showed brief footage of a man, GR, on a street outside a bar. The Authority did not uphold a complaint from GR’s son that the broadcast breached GR’s privacy. The footage was very brief, was taken in a public place and would not be highly offensive to an objective reasonable person. Not Upheld: Privacy Introduction [1] The introduction to a Neighbours at War story showed brief footage of a man (GR) on a street outside a bar. The man lifted up his t-shirt and appeared to be showing off for the camera. [2] NR, GR’s son, complained that the broadcast breached his father’s privacy, in particular because the filming had taken place a number of years before....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-007 Decision No: 1998-008 Decision No: 1998-009 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALLAN HILL of Wellington and GLADYS GARDNER of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-069 Decision No: 1996-070 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by GRAHAM BENNETT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld a complaint that broadcasting an image of Julian Batchelor’s car (sign-written with ‘stop co-governance’ advertising, including Batchelor’s website domain name, and cell phone number) breached Batchelor’s privacy due to the car’s licence plate not being blurred. The Authority found that no private information had been disclosed – noting the car was parked in a publicly visible place, and the Authority has previously found brief footage of licence plates in a broadcast does not amount to an offensive disclosure of private facts, for the purposes of the standard. Not Upheld: Privacy...

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…...

Summary [This summary does not form part of the decision. ]Two items on Fair Go investigated complaints against a medal conservator and dealer, Owen Gough. The Authority did not uphold complaints from Mr Gough that the people interviewed made false claims about him, that his response was not fairly presented, and that the programmes breached his privacy. The broadcasts carried a high level of public interest, the claims made by those interviewed were clearly framed as their personal opinions and experiences, and the Authority was satisfied that the broadcaster had sufficient basis for the story. Mr Gough was not treated unfairly. Not Upheld: Fairness, Accuracy, Privacy Introduction[1] Fair Go investigated complaints against a medal conservator and dealer, Owen Gough, who restored and mounted original war medals, and also sold replicas to complete sets of medals....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 82/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WHANAU SOCIAL SERVICES INC of Flaxmere Broadcaster TE REO IRIRANGI O NGATI KAHUNGUNU INC (Radio Kahungunu) J Potter Chairperson L M Loates R McLeod...

ComplaintHolmes – sensitive information about two women found on second-hand computer hard drive – women able to be identified – breach of women’s privacy FindingsSection 4(1)(c) – Complaints of FL, Mr Elliott and Mr Herrmann – upheld; Ms MacDonald’s complaint – one aspect upheld by broadcaster; one aspect subsumed under Standard G4 Orders(1) Broadcast of statement(2) $5,000 compensation to each of the women whose privacy was breached(3) $2,500 costs to the Crown Cross-reference: 2002-071–072 This headnote does not form part of the decision. Summary [1] An item broadcast on Holmes on TV One at 7. 00pm on 21 May 2001 reported on sensitive information about two women which had been found on a second-hand computer hard drive. Excerpts from the interviews with the two women were included in the broadcast. [2] FL, one of the women concerned, complained to the Broadcasting Standards Authority under s....