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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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Last Laugh – practical joke played on 17-year-old woman – filmed inside her bedroom with her family’s consent – allegedly a breach of privacy Findings Standard 3 (privacy) and privacy principle 3 – broadcast of footage filmed inside complainant’s bedroom was an offensive intrusion in the nature of prying – no public interest in broadcast of footage – upheld Order Section 13(1)(d) – payment to NM for breach of privacy $500. 00 This headnote does not form part of the decision. Broadcast [1] An episode of the entertainment programme The Last Laugh was broadcast on TV2 at 11. 30pm on 5 December 2006. The series relied on family and friends to nominate practical jokers who would then become the subject of a practical joke....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-022 Dated the 6th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAM SUTTON of Porirua Broadcaster THE RADIO NETWORK OF NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – host made comments about a listener who had emailed him – called listener a “moron” who was “incapable of rationality” and said “don’t email me again until you’ve had some help with your head” – allegedly in breach of privacy and unfair – broadcaster upheld fairness complaint – complainant dissatisfied with privacy decisionFindingsPrinciple 3 (privacy) – no reasonable expectation of anonymity when emailing a radio station – no private facts disclosed – implied consent given to broadcast name – not upheldThis headnote does not form part of the decision. Broadcast [1] During Leighton Smith’s talkback show on Newstalk ZB at approximately 10. 10am on 17 March 2006, the host made the following comments about a listener who had emailed him: Oh dear, Kevin Malone go away. Go and get help for goodness sake. You are incapable of rationality....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Sports Tonight – words “tough” and “disconnect” allegedly used by presenters – allegedly in breach of good taste and decency, law and order, and privacy Findings Standards 1 (good taste and decency), 2 (law and order) and 3 (privacy) – adequate response from broadcaster – use of the words did not threaten broadcasting standards in any way – not upheld This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Friday 25 September 2009. Sports Tonight was broadcast on TV3 at 11pm on Wednesday 30 September 2009....

Summary[This summary does not form part of the decision. ]During The Edge’s Smash! 20 countdown show, a caller successfully answered a series of questions based on the songs in the countdown and won a prize. While taking the caller’s personal details, the announcer left the phone channel in ‘on-air’ mode and inadvertently broadcast the caller’s full name, address, school, date of birth and mobile number. The Authority upheld a complaint that the broadcast breached the caller’s privacy. The caller was clearly identifiable and disclosed a high level of personal detail on air, over which she had a reasonable expectation of privacy. The Authority acknowledged the caller’s disclosure was the result of an unfortunate technical error on the announcer’s part, and that the broadcaster took immediate actions to respond to the breach. The Authority did not make any order in these circumstances. Upheld: PrivacyNo OrderIntroduction[1] During The Edge’s Smash!...

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....

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....

The Authority has not upheld a complaint about a Midday Report segment on Charlie Kirk’s death, which included a recording of Kirk’s final interaction and the gunshot which killed him. The complainant considered it offensive and lacking in decency to broadcast Kirk’s final moments. In the context, including comments alerting listeners to the pending content, the Authority found it was unlikely to disproportionately offend or disturb the Midday Report audience. Those who did not wish to listen were given a reasonable opportunity to turn the programme off. Noting the significant public interest in the segment, the Authority also found no harm justifying its intervention to limit the broadcaster’s freedom of expression. The privacy standard did not apply. Not Upheld: Offensive and Disturbing Content, Privacy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q+A – panel discussion about immigration policy in New Zealand – one panellist stated that meeting immigration criteria was not an easy process and included a test for syphilis – host responded “How did the test turn out? I’m sorry! ” – allegedly in breach of good taste and decency, privacy and children’s interests FindingsStandard 1 (good taste and decency) – question was light-hearted and intended to be humorous – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 9 (children’s interests) – unaccompanied children unlikely to watch news programmes – host’s question would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

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....

The Authority has upheld part of a complaint about satirical comedy series, James Must-a-pic His Mum a Man, finding it was unfair to the complainant, James Mustapic’s father, and action taken by the broadcaster (having upheld two aspects of the fairness complaint) was not sufficient to remedy potential harm to the complainant. Comments were made throughout the series which the Authority found created a negative impression of James’ father and had the potential to adversely affect him and his reputation – meaning the broadcaster should, in the interests of fairness, have informed him of the nature of the programme and his participation prior to broadcast....

The Authority has not upheld a complaint that an episode of Motorway Patrol breached the privacy standard. A short segment of the programme focused on a Senior Constable attending a crash on an Auckland motorway. It featured footage of the complainant as a ‘Good Samaritan’ who had stopped to check on the person in the crashed vehicle. The Authority acknowledged the impact of the broadcast on the complainant, who said they were not informed the filming was for broadcast purposes and were not asked for consent. However, applying the relevant guidelines under the privacy standard, the Authority found the broadcast did not disclose information attracting a reasonable expectation of privacy and would not be highly offensive to an objective reasonable person....