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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 43/94 Decision No: 44/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SHIRLEY EARLLY of Auckland Broadcaster RADIO PACIFIC LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-024 Dated the 6th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHAEL LAWS of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 91/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTHLAND FUEL INJECTION LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-032 Decision No: 1998-033 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RUTH BARTON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

In an episode of Mai Home Run, one of the radio presenters related a story about accidentally taking and not returning a bag containing items, including a gaming console, belonging to Lil’ Romeo. The presenter also disclosed the name of one of the people involved in the story. The Authority upheld the complaint that the item breached the privacy standard, finding that the named individual was identifiable and would have had a reasonable expectation of privacy in relation to the information disclosed. The Authority also found the disclosure to be highly offensive to a reasonable person, as it had the potential to significantly damage the named person’s reputation. The Authority did not uphold the complaint under the law and order standard, finding that in context the broadcast did not encourage or actively promote serious anti-social or illegal behaviour....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Fair Go – item on sales seminars run by Wenatex which sells beds – sales consultant shown saying in reference to her colleague, “he was in front of a wheelchair” – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 6 (fairness) – complainants were not given an opportunity to respond – unable to determine whether the editing of the footage was unfair as raw footage was destroyed, but still unfair overall – upheld Standard 3 (privacy) – HC was identifiable even though her face was blurred, due to her distinctive accent, clothing, and occupation – no interest in seclusion – public interest – not upheld Standard 5 (accuracy) – raw hidden camera footage unavailable – decline to determine OrdersSection 16(1) – costs to the complainants $8,740 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News – video footage of Mr Kenneth Bigley, a British hostage in Iraq, shackled in a cage pleading for help from the British Government – alleged breach of privacyFindings Standard 3 (Privacy) and Guideline 3a – broadcast was in the public interest – not upheld This headnote does not form part of the decision. Broadcasts [1] An item on One 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. [2] The introduction to the piece indicated that the British Prime Minister, Tony Blair, had shifted position slightly and hinted that some contact with the hostage takers might be attempted. Complaint [3] J M Copland complained directly to the Broadcasting Standards Authority under s....

Summary An announcer on the Classic Hits Network rang several motels in Gisborne to investigate vacancies and room rates, in the context of a discussion about charges for motel accommodation in Gisborne during the millennium celebrations. The daughter of a motel owner/manager answered a call, advised the caller that the motel was fully booked for the period and, when asked, mentioned some tariffs. The call was broadcast on Classic Hits ZHFM on 19 January 1999. Ms Simpson, the owner/manager of the motel, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast was an invasion of her daughter’s privacy. She said the caller did not identify himself to her daughter and broadcast the telephone call as a live interview. She said the broadcast used some figures obtained from her daughter, which had been discussed by the family but not confirmed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – news item reported on the trial of a man facing drugs charges – named a witness in the trial – allegedly in breached of privacy Findings Standard 3 (privacy) – open court hearing with no name suppression – name of witness already in the public domain – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on More FM, broadcast between 6. 30am and 8am on Friday 25 July 2008, reported on the court trial of Palmerston North man, SC, who was facing charges relating to methamphetamine possession and supply. The presenter introduced the item by stating: Palmerston North man, [SC], is on trial in the High Court on charges of possession and possession to sell methamphetamine....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Complaint20/20 – “In Harm’s Way” – item about actions of Child, Youth and Family Services Department – breach of law and order – breach of social workers’ privacy – breach of children’s privacy – unbalanced – inaccurate – unfairFindings Standard 2 – item did not affect “orderly and just disposition” of court cases – hand-over coverage did not glamorise or condone criminal activity – no uphold Standard 3 and Guideline 3a – social workers – Privacy Principle (i) disclosure not offensive – no uphold; Child A & B – Privacy Principle (vii) – best interests of children considered by broadcaster – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – no mandatory reporting in New Zealand – uphold on this aspect – no other inaccuracies Standard 6 – subsumed under Standard 4No OrderThis headnote does not form part of the decision....

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Noise Control and promo – followed noise control officers in Auckland – NCO called to a party – complainant shown in the background and speaking directly to the camera – allegedly in breach of privacy, fairness, accuracy and responsible programming standards Findings Standard 6 (fairness) – guideline 6c – complainant properly informed of the nature of his participation – item did not contain any unfair statements – complainant treated fairly – not upheld Standard 3 (privacy) – complainant identifiable but no private facts disclosed in the broadcast – complainant did not have an interest in solitude or seclusion – not upheld Standard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Download a PDF of Decision No. 1993-176:R and Television New Zealand Ltd - 1993-176 PDF497. 89 KB...

Download a PDF of Interlocutory Decision No. ID1992-001:Kilgour and QFM Radio - ID1992-001 PDF51. 02 KB...

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....