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Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

Download a PDF of Decision No. 1991-016–018:Hon Sir Roger Douglas, Hon Richard Prebble and Rt Hon David Lange and Television New Zealand Ltd - 1991-016, 1991-017, 1991-018 PDF2. 98 MB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 19/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANICE DUNPHY of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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....

Summary"Boy racers" were encouraged by radio station 91 ZM on 14 October to turn up at a named City Councillor’s home address and to play their car stereos loudly to protest about the Councillor’s stand on noise control in Palmerston North. Ross Warren complained to the Broadcasting Standards Authority under s. 4(1)(c) that the broadcast had disclosed the Councillor’s address and had encouraged people to harass him. In a brief response, the station argued that it had been reasonable to disclose the Councillor’s address to enable a protesting group to make a legitimate point against a crusade by a local politician. Furthermore, it noted, the station had acted responsibly by dealing with complaints received and the protest had been cancelled. The Councillor had accepted the station’s apology and had agreed to meet with drivers at a later time, it wrote. It recommended that the complaint not be upheld....

Summary [This summary does not form part of the decision. ]A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign and featured footage of a female boatie, QA, at the Takapuna Beach boat ramp. The Authority did not uphold the complaint that showing her in the item breached her privacy, and that her comment to the reporter was taken out of context which was inaccurate and unfair. Not Upheld: Privacy, Accuracy, FairnessIntroduction[1] A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign, in light of six drownings in the first week of summer. Introducing the item, the presenter stated, ‘[Our reporter] found Auckland boaties were complacent about the dangers’. In a pre-recorded item, the reporter said, ‘We’ve been at Takapuna boat ramp for just 15 minutes, and out of three boats, six of eight people on board weren’t wearing lifejackets’....

This decision was successfully appealed in the High Court: CIV 2004-485-1299 PDF930. 17 KB Complaint under s. 8(1)(c) of the Broadcasting Act 1989 One News and Late Edition – item about a Medical Practitioners Disciplinary Tribunal hearing – complainant gave evidence – name suppressed – complained that she was identifiable from audio of voice and visual of part of her body – item included complainant’s occupation – alleged breach of privacyFindings Standard 3 (privacy) – complainant identifiable because job description given together with visuals and audio – name suppression order given by court or tribunal not in itself grounds for privacy complaint – name suppression in this case given to all witnesses to ensure that they could continue to function effectively as Board employees – disclosure of B A’s role as witness in these circumstances highly offensive – upheldOrder Compensation to the complainant of $1500 under s....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

ComplaintJohn Banks – talkback – "Royal Breakfast Show" – broadcast of complainant’s name and part of complaint – derogatory reference Findings(1) Privacy principle (iv) – identification – name and content of complaint private facts – facts not used to abuse, denigrate or ridicule – no uphold (2) Privacy principle (v) – identification – complainant’s name private information in context – uphold (3) Privacy principles (vi) and (vii) – no public interest in disclosure – making a complaint no consent to privacy breach – no defence No Order This headnote does not form part of the decision. Summary A Radio Pacific talkback host (John Banks) read on-air part of A’s written complaint about the host’s use of the word "Royal" to describe his show. The complainant was named in the broadcast during the morning of 2 February 2000 at approximately 7. 20am....

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

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. ] 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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-043 Decision No: 1997-044 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NE and MH ARCHER (2) of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-020 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by S of Christchurch Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a threat made against MP Sue Bradford that was published under the username GarfieldNZ on the website Twitter – news reporter tracked down the individual who owned the username – contained footage of reporter knocking on the front door of the individual’s house and talking to him about the threat – allegedly in breach of privacy and fairness standards Findings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 5 (accuracy) – item showed the wording of the Twitter message – viewers not misled – not upheld Standard 6 (fairness) – footage of door-stepping did not disadvantage the complainant – complainant’s response provided to viewers – not upheld 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....

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...

Summary Footage of a man confessing, in a police interview room, to having murdered his daughter was included in a 60 Minutes item broadcast on TV One on 3 October 1999, beginning at 7. 30pm. The man subsequently killed himself. The Hope family, who are related to the man and his daughter, complained to the Broadcasting Standards Authority that the broadcast was an invasion of their privacy and had caused "an immense amount of distress and heartache" for the family. Their major concern, they wrote, was how the broadcaster had managed to obtain the tape of the confession when that was the property of the police....

ComplaintInside New Zealand – documentary about fires – suspected arson in suspected drug house – consent to film not sought from owners FindingsPrivacy – individual not identified – no private facts – no uphold This headnote does not form part of the decision. Summary An Inside New Zealand documentary about the cost and frequency of fires in New Zealand was broadcast on TV3 on 30 August 2000 beginning at 8. 30pm. A segment dealing with arson showed what was described as a suspected drug house which had been destroyed by fire. N, who claimed to be the owner of the property shown, complained about the programme to the Broadcasting Standards Authority. The complaint was accepted as a referral under s. 8(1)(c) of the Broadcasting Act 1989. In the complaint, N noted that neither she nor her husband had given consent for the broadcast....