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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-144 Decision No: 1997-145 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE ALLOWAY of Auckland Broadcaster 95bFM of Auckland S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 The Edge – broadcast conversation with listener – hosts had told listener that she was not on air – broadcast her cellphone number – listener complained that broadcast breached her privacy and was unfair – broadcaster upheld the complaint – action taken allegedly insufficient Findings Standard 3 (privacy) – action taken insufficient – upheld Standard 6 (fairness) – action taken insufficient – upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,500 This headnote does not form part of the decision. Broadcast [1] On Wednesday 27 August 2008 on The Edge radio station, a telephone conversation between the hosts and a listener was broadcast between 5pm and 6pm. The listener expressed concern that the hosts were making inappropriate remarks about people from other countries, such as India and America....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed....

Download a PDF of Decision No. 1992-005:Auckland District Law Society and Television New Zealand Ltd - 1992-005 PDF1. 07 MB...

The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...