Search Rapua

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – video footage of Kenneth Bigley, a British hostage in Iraq, shackled in a cage pleading for help from the British Government – alleged breach of privacy Findings Standard 3 (Privacy) and Guideline 3a – broadcast was in the public interest – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at 6pm on 30 September 2004 showed video footage of Mr Kenneth Bigley, a British hostage in Iraq. The video showed Mr Bigley shackled in a cage pleading for help from the British Government. Complaint [2] J M Copland complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item constituted a breach of broadcasting standards relating to the privacy of the individual....

Download a PDF of this interlocutory decision:Interlocutory Decision 1999-ID001–ID008 PDF185. 96 kB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 3/95 Dated the 24th day of January 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JUDITH MACKENZIE of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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...

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...

ComplaintWeddings: Happily Ever After? – update on some couples who appeared in Weddings – breach of privacy FindingsPrivacy – consent form for footage from Weddings – subsequent information freely given – no uphold This headnote does not form part of the decision. Summary [1] An episode of Weddings: Happily Ever After? was broadcast on TV2 at 7. 00pm on 23 September 2001. The programme reported on the state of the relationships of some of the couples who had appeared on previous episodes of Weddings. [2] Kylie and Simon Bernie, one of the couples, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme had breached standards relating to privacy. Mr and Mrs Bernie maintained that they had not consented to the inclusion of information about them or their baby daughter in the programme....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-164 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GARY REYNOLDS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

ComplaintRadio 531 PI Breakfast Show – interview about organisation of International Laugh Festival – complainant named and criticised as festival producer – breach of privacy – comments unfair and inaccurate – broadcasters acknowledged some comments as unfair – apology promised – action taken insufficient FindingsPrivacy – no private facts disclosed – expression of opinion only – no uphold Principle 5 – comments unfair – uphold Principle 6 – not a news or current affairs programme – no uphold Action taken Written apology tendered to complainant through Authority – sufficient This headnote does not form part of the decision. Summary [1] The International Laugh Festival was discussed on Radio 531 PI on the morning of 6 May 2002. A Pacific Island comedian, who was not included in the televised Gala part of the Festival, was interviewed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

Summary [This summary does not form part of the decision. ]The opening title sequence of an episode of Neighbours at War showed a brief image of the complainant looking at the camera and giving the finger. The Authority upheld the complaint that this breached the complainant’s privacy. The footage of his private property had been filmed more than eight years earlier, and the complainant had made it clear he wanted no involvement in the programme. Despite repeated objections, his image continued to appear in the opening titles of series four of the programme. Upheld: PrivacyOrder: Section 13(1)(d) – costs to the complainant for breach of privacy $1,000Introduction[1] The opening title sequence of an episode of Neighbours at War showed a brief image of a man looking at the camera and giving the finger. The episode was broadcast on 5 December 2013 on TV2....

The Authority has not upheld a privacy complaint about items on Newshub and The AM Show, which reported on a Police raid of a gang house and featured footage of the complainant’s property, with the house number blurred. The Authority found that the privacy standard did not apply in this case, as the complainant was not identifiable in the broadcast and no private information or material was disclosed about them. As the house was only filmed to the extent visible from the street, the broadcaster did not intrude upon the complainant’s interest in solitude or seclusion in a way that was highly offensive. The Authority recognised the public interest in the broadcast and found that the harm alleged to have been caused by the complainant did not outweigh the right to freedom of expression.   Not Upheld: Privacy  ...

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....

SummaryA prison officer who was accused of impregnating a prison inmate was the subject of a news item broadcast on 3 National News on 12 August 1998 between 6. 00–7. 00pm. B of Wellington complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her family’s privacy was breached, as footage of their family home was included in the item. In fact, she wrote, it was her partner’s brother who had been accused. He had never lived at their address. She emphasised that her family had been caused great distress by the broadcast. TV3 responded that it went to B’s address having made its own inquiries as to where the prison officer lived. It advised that it was apparent when the reporter knocked on the door that the man who answered the door did not wish to be interviewed....

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)(c) of the Broadcasting Act 19893 News – item reporting that 17-month-old girl had suffered head injuries at a Christchurch home – showed street name and number of house – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant did not identify an individual whose privacy was allegedly breached – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 26 October 2006, reported that a 17-month-old girl had been flown to Starship Hospital after she had suffered serious head injuries while visiting a Christchurch home. It said that police were investigating how the injuries had occurred, and whether they were accidental or intentional. The reporter referred to the name of the street where the home was located, and the street sign was shown....

Summary [This summary does not form part of the decision. ] An item on Campbell Live, reporting on Pike River Mine, included radio transmission audio between those in the mine and those in the office on the morning of the disaster. The audio contained the complainant’s full name which he considered to be a breach of his privacy. The Authority did not uphold the complaint, as Mr Scott’s employment at the mine was not a private fact, and the disclosure of his name was not associated with any blame or disclosed for the purpose of encouraging harassment. Not Upheld: Privacy Introduction [1] An item on Campbell Live, reporting on Pike River Mine, included radio transmission audio between those in the mine and those in the office on the morning of the disaster....

Download a PDF of Decision No. 1993-123:Waters and Television New Zealand Ltd - 1993-123 PDF310. 68 KB...