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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-037 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SEAN N JOSEPH of Wellington Broadcaster CAPITAL FM LIMITED of Wellington J Potter Chairperson L M Loates R McLeod A Martin...

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1)(c) of the Broadcasting Act 1989Skin Doctors – footage of woman undergoing breast augmentation surgery and her consultations with her plastic surgeon – allegedly in breach of privacy Findings Standard 3 (privacy) – programme disclosed private facts about complainant – disclosure highly offensive – complainant did not give informed consent – no public interest – upheld Orders Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $10,000 Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

ComplaintUnsolved – examined murder and rape of Alicia O’Reilly in 1980 – disclosed address where crimes occurred – breach of privacy of present owners FindingsPrivacy – no highly offensive private facts disclosed – no intrusion – no uphold This headnote does not form part of the decision. Summary [1] The series Unsolved examined serious crimes which have not been solved. The murder and rape of six-year-old Alicia O’Reilly was the unsolved crime dealt with in the episode broadcast at 8. 00pm on TV One on 13 May 2002. The programme included the name of the street and the number of the house where the crimes occurred, and included visuals of the house. [2] Explaining that she and her husband were the current owners of the house, Carol Irwin complained to the Broadcasting Standards Authority under s....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised....

Summary [This summary does not form part of the decision. ] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him. The broadcaster upheld the complaint this was unfair. However, the Authority found that the action taken by the broadcaster was insufficient, as the apology broadcast by the show’s hosts was insufficiently specific or formal to effectively remedy the breach. The Authority ordered a broadcast statement including an apology to the complainant. Upheld: Fairness (Action Taken) Not Upheld: Privacy, Accuracy, Discrimination and Denigration, Responsible Programming Order: Section 13(1)(a) broadcast statement including apology to the complainant Introduction [1] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him....

Complaint3 News – land owners around Lake Ida put up trespass notices and take control of skating on the lake – Lake Ida Winter Sports Association accompanied by film crew breach trespass order – disrespect of law and breach of privacy. FindingsStandard G5 – disrespect for the law not encouraged – no uphold Privacy Principles – do not apply to companies – no uphold This headnote does not form part of the decision. Summary [1] A disagreement about the control of ice skating on Lake Ida between the Lake Ida Sports Association and the surrounding landowners was covered in a news item. The item, broadcast on 3 News on 26 July 2001 beginning at 6. 00pm, included footage of a trespass notice....

ComplaintLocation, Location, Location – complainants attended and participated in auction – complainants claimed that they would not be filmed – shown on programme – unfair – breach of privacy FindingsStandard 6 – irreconcilable conflict of facts as to particulars of the request not to film – decline to determine Standard 3 Guideline 3a Privacy Principle iii – no intentional intrusion – no uphold This headnote does not form part of the decision. Summary [1] A couple was shown making the final bid in the auction for a house during an episode of the reality series Location, Location, Location. The bid was unsuccessful as it failed to reach the reserve. The episode was broadcast on TV One at 8. 00pm on 17 July 2002. [2] BQ and CR, the couple making the bid, complained to Television New Zealand Ltd, the broadcaster, about the item....

Complaint under section 8(1A) of the Broadcasting Act 1989Sunday – item showed brief footage of a stolen car, including its number plate – allegedly in breach of privacy standardFindingsStandard 3 (privacy) – complainant and her husband were not identifiable through the footage of their car and number plate – no private facts were disclosed about the complainant or her husband that would be considered highly offensive to an objective reasonable person – item focused on the offender and how his background may have contributed to his offending – not upheld This headnote does not form part of the decision. Introduction [1] An item on Sunday profiled a young man who was a recidivist car thief and contained interviews with the man and with his family members about his background....

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. 1990-005:McAllister and Television New Zealand Ltd - 1990-005 PDF1. 03 MB...

Summary [This summary does not form part of the decision. ]Fair Go reported on an elderly man who had difficulties with his dentures and explored his legal rights. The Authority declined to uphold a complaint from the dentist who made the dentures, finding that he was only identifiable to a very limited group of people, no private facts were disclosed about him and the disclosure was not highly offensive as he was not portrayed in an overly negative light. Not Upheld: Fairness, Privacy, Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Fair Go discussed the case of an elderly man, X, who complained of difficulties with his new dentures. [2] X's dentist, DD, complained that the item reflected negatively on his dental practice and the services offered to X, which breached his privacy and was unfair....

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. ]During the Hauraki Breakfast Show Deborah Stokes, mother of New Zealand-born English cricketer Ben Stokes, rang the studio to complain about what she considered to be unfair comments made by the hosts regarding her son, and to defend him. Mrs Stokes asked to speak with someone off air. Host Matt Heath assured Mrs Stokes she was off air, when in fact the conversation was being broadcast live on air. The Authority upheld a complaint that the broadcast breached Mrs Stokes’ privacy. Mrs Stokes had a reasonable expectation that, in the circumstances, her phone call and the conversation would remain private. The recording and broadcast of her conversation, in circumstances where she had expressly asked for privacy was objectionable and would be highly offensive to an objective reasonable person in the complainant’s position....

Summary[This summary does not form part of the decision. ]The Breeze ran a competition in which listeners were invited to nominate an individual they felt to be deserving of a shopping spree. The programme hosts spoke to a woman (G) on air about her nomination of her friend (N), whom she described as just having left a ‘potentially abusive relationship’. The Authority upheld a complaint from N’s husband, LN, that the broadcast breached his privacy. The Authority found that LN was identifiable due to a combination of identifying features disclosed within the broadcast and readily accessible information outside of the broadcast. It considered the allegations of a potentially abusive relationship and other intimate details of the relationship were highly sensitive and personal, and clearly carried the quality of private information. The disclosure of such information would be highly offensive to an objective reasonable person....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-135 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GARY JAMES of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The successful apprehension of a drug smuggler by Customs officials was shown on Inside New Zealand: Protecting our Borders on TV3 on 31 March at 8. 30pm. C, the woman featured, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act that her privacy was breached. She maintained that she was clearly recognisable from the footage and argued that the report which showed her arrest ignored her rights as an individual because she did not have any warning of its broadcast, and did not give consent to the broadcast. C also complained to TV3 Network Services Ltd about breaches of other broadcasting standards. Those matters were not referred to the Authority. TV3 maintained that C was not identifiable from the footage, and it therefore did not consider that there had been any breach of her privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-005 Decision No: 1998-006 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...