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Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – two related items, broadcast on different dates, contained footage of a reporter talking on his cell phone – viewers could hear what was being said by the person on the other end of the line – allegedly in breach of law and order, privacy and fairness Findings Standard 2 (law and order) – items did not promote, condone or glamorise criminal activity or encourage viewers to break the law – not upheld Standard 3 (privacy) – man knew he was speaking to a reporter – would have realised the conversations would be reported on in some manner – sufficient public interest – not upheld Standard 6 (fairness) – items treated the man fairly – not upheld This headnote does not form part of the decision....

SummaryA radio station announcer, claiming he was doing a survey on STDs, telephoned a woman and asked a number of personal and intimate questions. The call was broadcast live on The Edge on 30 November 1998 at about 4. 00pm. J, the woman who received the call, had identified herself using her first name and employer’s name. She complained to the station that the call was a serious invasion of her privacy as she was never told that the caller was from a radio station, or that it was being broadcast live. J said the comments ranged from being personal to obscene, and cited some examples. When the matter was referred to the station initially, J received an apology both from the station manager and the announcer....

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

The Authority has not upheld a complaint that an item on RNZ’s 9am news bulletin about an electricity shortage in New Zealand breached multiple standards. The complaint focused on the broadcast’s allegedly inappropriate use of terms such as energy, fossil fuels, power and electricity and the omission of contextual information. In the context of the news bulletin, the Authority found RNZ’s audience was unlikely to be misled. Accordingly, the accuracy standard was not breached. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

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....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Complaint under section 8(1)(c) of the Broadcasting Act 1989Newstalk ZB in Christchurch – host Mike Yardley – lead up to local body elections – one candidate facing private prosecution for threatening to kill – had been granted name suppression – situation discussed on Newstalk ZB and questions raised about impact of name suppression order – allegedly breach of privacy, inaccurate and unfair – only privacy referred to AuthorityFindings Principle 3 (privacy) – complainant not identified – not upheldThis headnote does not form part of the decision. Broadcast [1] Newstalk ZB in Christchurch (host Mike Yardley) was aware that one of the candidates in the forthcoming local body elections was being prosecuted privately for threatening to kill, and had been granted name suppression by the District Court. The station broadcast this information and advised that the candidate had declined to allow the broadcast of his name....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-054 Decision No: 1997-055 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by P J CULLINANE Bishop of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Police College – reality series following new police recruits – showed man being ejected from Westpac Stadium – man was seen resisting attempts to remove him and shouting abuse at police – allegedly in breach of privacy and unfairFindingsStandard 3 (privacy) and privacy principle (ii) – insufficient time had passed for public fact to become private – not upheld Standard 6 (fairness) – guideline 6b only applies to planned appearances – Mr Walden unnecessarily identified under guideline 6f, but overall treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] Police College was a reality series which traced the progress of cadets through the Police College. In an episode broadcast on TV2 at 10....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-158 Decision No: 1996-159 Dated the 21st day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R DALE of Nelson Broadcaster FIFESHIRE FM BROADCASTERS LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-037 Decision No: 1998-038 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MANU CADDIE of Wellington Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Warning: This decision discusses issues of sexual abuse of children and suicide. The Authority has not upheld a complaint that documentary 1 Special: The Lost Boys of Dilworth was inaccurate by not mentioning the denomination or titles of school chaplains involved in sexual abuse of students, or a complaint that the inclusion of re-enactments of memories of survivors re-traumatised victims of abuse, promoted sexual offending against children, breached privacy and was unfair to child actors involved. The Authority found that omission to mention the denomination or title of chaplains would not have materially altered the audience’s understanding of the documentary. The Authority also found that the inclusion of re-enactments did not breach the standards nominated, noting in particular that audience members (including survivors of abuse) were given appropriate information to make informed viewing decisions, no re-enactment depicted sexual violence and the offending of paedophiles was condemned throughout....

Complaint under section 8(1A) of the Broadcasting Act 1989Target – actor ordered four different gift baskets from four different companies over the phone – presenter commented on what the phone operators had said – allegedly in breach of privacy Findings Standard 3 (privacy) – item did not disclose the identity of the phone operator – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Target, broadcast on TV3 at 7. 30pm on Tuesday 13 May 2008, contained a review of four different gift basket companies. The programme used an actor to call each of the four companies and order a gift basket to the value of $100....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item on singles looking for love – showed footage of people apparently at singles party – complainants shown – complainants were not at party – footage of them taken several years ago – allegedly breach of privacy, inaccurate and unfair – accuracy and fairness complaints upheld – privacy complaint declined – complainants referred privacy complaint to AuthorityFindingsStandard 3 (privacy) – no private facts disclosed – not upheldThis headnote does not form part of the decision Broadcast [1] On 29 May 2006, TV3’s Campbell Live, broadcast at 7. 00pm, included an item about singles “looking for love”. The item focussed on a singles party held recently in Auckland, and showed numerous shots of people socialising, apparently at the party, including a shot of the complainants smiling for the camera....

SummaryThe police response to a drink-drive incident was featured on Emergency Heroes broadcast by TV3 on 23 February 1999 at 7. 30pm. A man was seen being arrested for driving with a blood alcohol level over the legal limit. His voice and facial features were partially obscured in the programme, although promos for the programme were broadcast unaltered. JD, the convicted driver, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his privacy had been breached by the broadcast of the promos, which did not conceal his identity at all, and by the programme, because he maintained it inadequately concealed his identity. TV3 Network Services Ltd responded to the Authority that JD had given consent at the time of his arrest to the broadcast of the footage, and had known the purpose for which it was being filmed....

Complaint under section 8(1A) of the Broadcasting Act 198960 Minutes – item about life and death of Antonie Dixon – showed death certificate – contained name of paramedic who responded to medical emergency – allegedly in breach of privacy Findings Standard 3 (privacy) – paramedic’s name and involvement in Mr Dixon’s case not private facts – death certificate is a public document – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 2 March 2009, discussed the life and death of Antonie Dixon, who was convicted of several charges including murder, and later found dead in his cell at an Auckland prison. While the reporter and Mr Dixon’s sister discussed his death, Mr Dixon’s death certificate was shown on screen....

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....