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ComplaintMore FM – radio competition – disclosure of work-place – unfair – breach of privacyFindingsPrinciple 3 Guideline 3a – Privacy Principle (v) – complainant’s work-place private information – uphold – apology to complainant sufficientPrinciple 5 – broadcaster upheld complaint – action taken sufficientNo OrderThis headnote does not form part of the decision. Summary[1] On 10 May 2002, B entered a radio competition on More FM in Dunedin. B’s work-place details were broadcast, after he had specifically stated that he did not want his work-place disclosed on-air. [2] B complained to More FM, the broadcaster, that the broadcast breached his privacy and was a "blatant and deceitful" breach of the requirement that broadcasters deal justly and fairly with any person taking part in a broadcast. He also complained directly to the Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the same broadcast had breached his privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-003 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT S of Cambridge Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-172 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GEORGE W GRAY of Maungaturoto Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

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....

This decision was successfully appealed in the High Court: CIV 2007-485-2060 PDF46. 29 KB Complaint under section 8(1)(c) of the Broadcasting Act 19893 News – interviewed a woman who was a committed patient under the Mental Health (Compulsory Assessment & Treatment) Act 1992 and receiving electroconvulsive therapy – woman said that she wanted the treatment to stop – item reported the view of the psychiatric hospital that the woman “was not well enough at the time of the interview to have given informed consent to it” – allegedly in breach of privacyFindings Standard 3 (privacy) and privacy principle 1 – disclosed private facts about woman – woman not capable of giving informed consent – no public interest in disclosing the private facts – upheldOrderSection 16(4) – payment of costs to the Crown $1,500This headnote does not form part of the decision....

Download a PDF of Decision No. 1990-006:Walker and Triple M Ltd - 1990-006 PDF1. 3 MB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-130 Decision No: 1996-131 Decision No: 1996-132 Dated the 10th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NICK DRURY (2) of Rotorua and C J DAISLEY of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryA weekend in the Wairarapa was the prize in a competition run by radio station 91ZM in Wellington in the first week of February. Listeners were invited to write in and explain why they deserved this holiday. Some entries were read each day, including one from "Malcolm" on Wednesday, and he was subsequently chosen as the winner on Friday. His winning entry was read on both days and he was spoken to on-air on Friday after the announcer telephoned his named place of work and asked for him by name. His entry detailed how his wife of 13 years had left him and his two sons (aged 12 and 9) a little over a year previously as she was having an affair with a 19-year-old. His letter concluded by stating his former wife "has since been dumped by the 19-year-old"....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – hidden camera footage of caregivers hired to look after elderly actor – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) and privacy principle 3 – caregivers had an interest in seclusion – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – individual caregivers did not provide informed consent – public interest did not outweigh breach of individuals’ privacy – upheld Standard 6 (fairness) and guideline 6c – footage obtained “through misrepresentation or deception” – not required to use deception in the public interest – unfair to broadcast hidden camera footage – upheld Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast at 7. 30pm on 3 July 2007....

The Authority upheld a privacy complaint about a Newshub item showing footage of children being uplifted from their homes by Oranga Tamariki. The Authority considered there was adequate information in the clip to enable identification of the children. While the story carried high public interest, protecting children’s privacy interests, particularly where the children are clearly vulnerable, must be paramount in broadcasters’ editorial decision making. Insufficient steps were taken to protect the children’s identities, and given the highly sensitive and distressing circumstances, the Authority considered the disclosure of footage enabling their identification was highly offensive. Upheld: Privacy Orders: Section 16(4) – $1500 costs to the Crown...

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....

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...

Summary[This summary does not form part of the decision. ]On 13 March 2018, an item on Newshub reported on allegations of sexual assault and harassment at a Young Labour camp. The item included photos of the camp attendees, sourced from public social media accounts, with no masking or blurring. The Authority upheld a direct privacy complaint from IY, who was featured in the photos, that this item breached their privacy. The Authority noted the value of the broadcast in reporting on the response of the Labour Party to the allegations, but emphasised the high level of potential harm that could be caused to the individuals involved....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-023 Decision No: 1998-024 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J of Palmerston North Broadcaster 92. 2XS (Palmerston North) S R Maling Chairperson L M Loates R McLeod J Withers...

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…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-067 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C W of Auckland Broadcaster MAX TV LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...