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Summary[This summary does not form part of the decision. ]An episode of Water Patrol, a reality TV series following the work of the Maritime Police, showed footage of the complainant, PG, in his boat in the Marlborough Sounds. The police vessel approached him from behind and asked him to stop his motor. The complainant was caught off-guard, apparently not wearing any pants. As he stood up to engage with the police, the fact he was wrapping a towel around his waist was highlighted and the police officer turned to the camera and commented, with a smile on his face, 'very unusual'....

SummaryA prison officer who was accused of impregnating a prison inmate was the subject of a news item broadcast on 3 National News on 12 August 1998 between 6. 00–7. 00pm. B of Wellington complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her family’s privacy was breached, as footage of their family home was included in the item. In fact, she wrote, it was her partner’s brother who had been accused. He had never lived at their address. She emphasised that her family had been caused great distress by the broadcast. TV3 responded that it went to B’s address having made its own inquiries as to where the prison officer lived. It advised that it was apparent when the reporter knocked on the door that the man who answered the door did not wish to be interviewed....

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...

Summary An item broadcast on One Network News between 6. 00–7. 00 pm on TV One on 12 March 1998 reported on the Auckland trial of Malcolm Rewa who had been charged with murder, and several counts of sexual violation. The item referred to evidence given that day by a witness who had been raped by Rewa ten years previously. Footage showed street signs and the streets where the witness had lived and was attacked, and the gang safe house where she was taken after the attack. The report described her as the girlfriend of a gang member, and used her first name. A complaint was made to the TVNZ newsroom by a family member shortly after. The report was repeated unchanged during Tonight, broadcast at 9. 30 pm the same night....

ComplaintInside New Zealand – debt collection – privacyFindings Privacy – identification – private facts revealed – no public interest – upholdOrderCompensation of $500 to complainant This headnote does not form part of the decision. Summary A documentary about debtors and debt recovery workers was the subject of an Inside New Zealand programme broadcast on TV3 on 7 June 2000 at 8. 30pm. A debt recovery worker was seen outside the home of a couple with a number of children, who were said to have a debt of $1600. M complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy and the privacy of her family was violated by the broadcast, which included footage of family members filmed through a fence, and a recording of the conversation between M and her husband and the debt recovery worker....

Summary An announcer on 95bFM broadcast himself leaving a sexually suggestive message on P’s answerphone, on 10 October 1997 at about 8. 45am. P is involved with a community standards lobby group which featured in news reports at the time. P complained to the Authority under s. 8(1)(c) of the Broadcasting Act 1989 that it was an invasion of her privacy to leave such a message on her answerphone and to use the airwaves to deride her. In its response to the Authority, the station denied that P’s privacy was breached, pointing out that her name was publicly available in another medium at the time. It apologised for the announcer’s role in the matter, and explained that his comments were directed at the group which P represented, and not at her personally. It reported that the announcer had been formally warned that leaving a malicious message was unacceptable behaviour....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Last Laugh – practical joke played on 17-year-old woman – filmed inside her bedroom with her family’s consent – allegedly a breach of privacy Findings Standard 3 (privacy) and privacy principle 3 – broadcast of footage filmed inside complainant’s bedroom was an offensive intrusion in the nature of prying – no public interest in broadcast of footage – upheld Order Section 13(1)(d) – payment to NM for breach of privacy $500. 00 This headnote does not form part of the decision. Broadcast [1] An episode of the entertainment programme The Last Laugh was broadcast on TV2 at 11. 30pm on 5 December 2006. The series relied on family and friends to nominate practical jokers who would then become the subject of a practical joke....

Complaint3 News – child participants – mother’s consent – children of gang member sought by police FindingsPrivacy principle (i) – uphold Privacy principle (vii) – mother’s consent insufficient – not in children’s best interests – uphold No Order This headnote does not form part of the decision. Summary An item about the "Screwdriver Gang" being sought by police was broadcast on 3 News on 25 January 2000 between 6. 00–7. 00pm. Footage was shown of two pre-school children whose father was a member of the gang. Miriam Rea complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the children’s right to privacy. She said regardless of whether the mother had given permission for the filming, she deplored TV3’s decision to include the footage of the children in the item....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera footage of electricians in Target house – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – complainant was identifiable – complainant had interest in seclusion in Target house – broadcast of hidden camera footage was an offensive intrusion in the nature of prying – complainant did not give his informed consent to the broadcast – insufficient public interest in footage to justify the breach of privacy – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Target, a consumer affairs programme, featured hidden camera footage of employees from three different electrical companies who were called into the Target house to install a heated towel rail and change a light fitting. The companies were each given a score out of ten for their employees’ performance....

Summary[This summary does not form part of the decision. ]A segment on Thane & Dunc included an interview with a man, X, who had a relationship with a couple (the complainant and Z). During the interview, X described the nature of the relationship. He did not name the couple, referring to them as ‘A’ and ‘B’. A second interview with X was broadcast the following day, during which the hosts told X they had spoken with the couple, who alleged the relationship was abusive. The hosts interrogated X about his behaviour, then demanded X apologise and agree to make no further contact with the couple involved. The Authority upheld a complaint that these broadcasts breached the privacy of the complainant and Z....

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....

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 action taken by NZME, having upheld Mrs Stokes’ complaint under the fairness and privacy standards, was insufficient. The broadcast, and particularly the hosts’ deceptive conduct, represented a significant breach of broadcasting standards and a lack of understanding of an individual’s fundamental right to fair treatment and to privacy....

Summary[This summary does not form part of the decision. ]During The Edge’s Smash! 20 countdown show, a caller successfully answered a series of questions based on the songs in the countdown and won a prize. While taking the caller’s personal details, the announcer left the phone channel in ‘on-air’ mode and inadvertently broadcast the caller’s full name, address, school, date of birth and mobile number. The Authority upheld a complaint that the broadcast breached the caller’s privacy. The caller was clearly identifiable and disclosed a high level of personal detail on air, over which she had a reasonable expectation of privacy. The Authority acknowledged the caller’s disclosure was the result of an unfortunate technical error on the announcer’s part, and that the broadcaster took immediate actions to respond to the breach. The Authority did not make any order in these circumstances. Upheld: PrivacyNo OrderIntroduction[1] During The Edge’s Smash!...

Summary[This summary does not form part of the decision. ]During The Devlin Radio Show, host Martin Devlin was forcefully outspoken about an abusive text message he had received from the complainant, TF. Mr Devlin read out the complainant’s mobile phone number multiple times and phoned the complainant on air while making abusive comments about them. The Authority upheld a complaint that Mr Devlin breached the complainant’s privacy. While the Authority did not condone the strongly-worded text message initially sent to Mr Devlin, Mr Devlin’s response was disproportionate and unprofessional, even in the context of the robust talkback radio environment. The complainant had a reasonable expectation of privacy in relation to their personal mobile number, and Mr Devlin’s comments amounted to a sustained and personal attack against the complainant, making use of private information to personalise the abuse and implicitly encouraging harassment of TF....

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....

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....

The Authority has upheld one aspect of a privacy complaint regarding an episode of A Question of Justice which contained sensitive and traumatic photos of the complainant. The programme contained a re-enactment of an assault on the complainant in 2008, and showed photos of the complainant in hospital with extensive injuries and in a state of undress. The Authority found that while the photos had previously been broadcast in 2009, the sensitive surrounding circumstances and traumatic nature of the photos, combined with the passage of time since they had last been made public, meant the photos had become private again (especially since the complainant had no prior knowledge of this broadcast)....

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…...

Summary [This summary does not form part of the decision. ] An item on 3rd Degree reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of the complainant working in a strip club, serving drinks and talking to customers. The Authority upheld her complaint that this breached her privacy, as she had not consented to appearing 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 reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of female employees in their strip clubs dancing, serving drinks and talking to customers. The programme aired on TV3 on 9 April 2014....