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Download a PDF of Decision No. 1993-108–110:Society for the Protection of the Unborn Child Inc, Armstrong and daughters and TV3 Network Services Ltd - 1993-108–110719. 35 KB...

ComplaintRadio 531 PI News – report that 20 year old Tongan man had died as a result of suicide – privacy – inaccurate FindingsPrivacy Principle (i) – highly offensive fact – father identified – no public interest – breach OrderS13(1)(d) compensation – $500 This headnote does not form part of the decision. Summary A news item on 531 PI broadcast on 13 June 2000 reported that a 20 year old Tongan man, the son of an official in a named Church, had died as a result of suicide and that a service was being held for him the next day. M, the victim’s brother, complained to the Broadcasting Standards Authority that the broadcast breached his family’s privacy, by naming his father. He also pointed out that at the time of the broadcast, the Coroner had not completed a report on the death....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989High Country Rescue – profiled the attempted rescue of a tramper who died – made various references to the man’s “tramping party” and the “friends of the injured man” and showed brief footage of some of them with their faces blurred – allegedly in breach of privacy and fairness standardsFindingsStandard 6 (fairness) – complainant did not “take part” in the programme and was not sufficiently “referred to” for the purposes of the fairness standard – not upheld Standard 3 (privacy) – complainant was not identifiable – no private facts disclosed – footage of the complainant was not broadcast and so no disclosure of information obtained through an intrusion with the complainant’s interest in seclusion – not upheld This headnote does not form part of the decision....

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

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....

Download a PDF of Decision No. 1991-001:Cook and Television New Zealand Ltd - 1991-001 PDF301. 93 KB...

Download a PDF of Decision No. 1991-008:Earlly and Radio Pacific Ltd - 1991-008 PDF578. 13 KB...

Summary[This summary does not form part of the decision. ]An item on Campbell Live sought to investigate allegations of misconduct within Gloriavale Christian Community. A reporter and a cameraman visited Gloriavale and spoke to two senior members of the community. The Authority did not uphold a complaint that the broadcast breached these men's privacy. While the circumstances of the filming may have amounted to 'prying', the broadcast did not disclose any private information about the men in a manner that was highly offensive. Not Upheld: Privacy Introduction[1] An item on Campbell Live sought to investigate allegations of misconduct within the Gloriavale Christian Community. A reporter and a cameraman visited the community and spoke to two senior members, Fervent Stedfast and Howard Temple, at the entrance to the community's office. Footage and audio of the conversation was broadcast....

Summary [This summary does not form part of the decision. ]APNA 990 broadcast a segment disclosing that a named company allegedly owed it money and asking for the director of that company to 'contact us [as soon as possible] to sort out the account'. The Authority upheld the complaint that the broadcast breached the privacy of the company director because a debt is a private matter between the debtor and the person or company to whom the debt is owed. The disclosure was highly offensive as the complainant could reasonably expect the debt to remain private, and there was no public interest in disclosing it to the public at large....

Summary [This summary does not form part of the decision. ] An item on 3rd Degree contained an interview with a man who was involved in a family feud over the provisions of his mother's will. The man described the legal battle with his brothers, and the item showed two old photographs of the brothers, one of whom was WS. The Authority upheld the complaint that WS' privacy was breached as he had not consented to having his image shown in the programme. Upheld: Privacy Order: Section 13(1)(d) $1,500 compensation to the complainant for breach of privacy Introduction [1] An item on 3rd Degree looked at the consequences of not writing a will or having a will contested. It contained an interview with a man, X, who was involved in a family feud over the provisions of his mother's will....

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. ]Sunday focused on an initiative by a road safety organisation which creates images of car crash victims as they would appear now. One of the families taking part in this initiative lost their seven-year-old boy, who was killed by drink-driving teenagers 17 years earlier. The incident was briefly recounted, showing footage of the driver of the car and of several passengers. The Authority did not uphold a complaint that the item breached the privacy of the young people involved in the crash. The crash was a sufficiently serious and well-known event that the facts about it and the individuals' involvement had not become private again through the passage of time. The story carried high public interest and did not revisit the incident in a manner that would be considered highly offensive to an objective reasonable person....

Summary [This summary does not form part of the decision. ] An item on 3rd Degree reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of the complainant working in a strip club, serving drinks and talking to customers. The Authority upheld her complaint that this breached her privacy, as she had not consented to appearing in the programme. Upheld: Privacy Order: Section 13(1)(d) $1,500 compensation to the complainant for breach of privacy Introduction [1] An item on 3rd Degree reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of female employees in their strip clubs dancing, serving drinks and talking to customers. The programme aired on TV3 on 9 April 2014....

Summary [This summary does not form part of the decision. ] A Campbell Live item reported on a convicted fraudster, X, and contained interviews with her ‘victims’, including a disabled man who had advanced money to X on the basis her daughter would become his wife. A photo was shown of his supposed wife-to-be (the complainant). The Authority did not uphold her complaint that showing her photograph breached her privacy. While it was unfortunate, very few people would have identified the complainant, there was no suggestion she was involved in the scam, and viewers were more likely to think the photo was not legitimate, so the disclosure was not highly offensive. Not Upheld: Privacy Introduction [1] An item on Campbell Live reported on a convicted fraudster, X, who allegedly took advantage of vulnerable people....

Summary[This summary does not form part of the decision. ]During the Port FM Breakfast Show the presenters allegedly mentioned 'Jimmy from Omarama'. The Authority declined to determine a complaint from Jimmy Courtney that the broadcast breached his privacy, as the broadcaster was unable to provide a recording of the broadcast. The Authority however noted that on the basis of the information before it, it appeared unlikely the broadcast amounted to a breach of privacy. The Authority also recorded its expectation that broadcasters retain recordings of broadcasts for 35 days following the broadcast. Declined to determine: Privacy Introduction[1] During the Port FM Breakfast Show the presenters allegedly mentioned 'Jimmy from Omarama' in relation to some email correspondence with him about Port FM's weather reports. Mr Courtney had disputed the towns/regions included in the report, and the presenters apparently 'had a laugh' about his email on air....

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....

Summary [This summary does not form part of the decision. ]My Kitchen Rules showed the contestants shopping at a Countdown supermarket in Christchurch, in which the complainant was briefly visible in the background. The Authority declined to uphold the complaint that the footage of the complainant breached her privacy. The footage was extremely fleeting and she would have been identifiable to only a very limited group of people, paying close attention to the footage. The complainant's whereabouts were not a private fact because she had voluntarily disclosed this on social and professional networking sites and this information, along with her employment at the Countdown store, were disclosed in a press release. Not Upheld: PrivacyIntroduction[1] During My Kitchen Rules, a competitive cooking show, the contestants were filmed shopping at a supermarket in Christchurch. The complainant, CE, was shown very briefly in the background....

Summary[This summary does not form part of the decision. ]Seven Sharp featured a brief segment about a Christchurch couple who had been recorded by members of the public having sex after hours at their workplace. The segment was presented as a humorous 'lessons learned' skit, featuring comments such as, 'apparently you can see through glass', and still photos of the incident were shown. The Authority did not uphold a complaint that the broadcast breached the couple's privacy as the information was already in the public domain at the time of broadcast. Not Upheld: PrivacyIntroduction[1] Seven Sharp featured a brief segment about a Christchurch couple who had been recorded by members of the public having sex after hours at their workplace. The segment was presented as a humorous 'lessons learned' skit, featuring comments such as, 'apparently you can see through glass', and still photos of the incident were shown....

Summary[This summary does not form part of the decision. ]An item on Story explored the issue of unconscious bias. During the introduction, footage of members of the public walking down the street was shown. Each individual was zoomed in and highlighted with special effects. The Authority upheld a complaint from JW, one of the individuals shown, that she was unfairly ‘showcased’ during the segment. Rather than being a face in the crowd, the edited footage used filming techniques that singled out the complainant and drew her into the issue under discussion without her knowledge or consent. This unduly impacted on her dignity and was unfair. The Authority recognised that bias is a sensitive issue and has the potential to cause hurt and offence. It is also an important social issue....