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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....

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989Holmes – item about ongoing Family Court proceedings concerning custody of a child – father interviewed anonymously and gave details of evidence and proceedings – brief visuals of baby – mother believed that as baby was identifiable, she was also identifiable – personal details broadcast about her – some allegedly inaccurate – child shown without mother’s permission – alleged breach of privacy of mother and baby – item allegedly unbalanced, unfair and inaccurate – broadcaster allegedly failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy), Standard 6 (fairness) – referral outside statutory time limit – s....

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1)(c) of the Broadcasting Act 1989Skin Doctors – footage of woman undergoing breast augmentation surgery and her consultations with her plastic surgeon – allegedly in breach of privacy Findings Standard 3 (privacy) – programme disclosed private facts about complainant – disclosure highly offensive – complainant did not give informed consent – no public interest – upheld Orders Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $10,000 Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reporting on a Waipawa dog breeder – television crew entered complainant’s land and pried without permission – filmed pit in which dogs were buried – alleged breach of privacyFindingsStandard 3 (privacy) – actions of crew amounted to intentional interference with complainant’s interest in solitude and seclusion – intrusion was into matter complainant was entitled to keep private – majority considers intrusion offensive to reasonable person – no public interest defence – discussion of principles of interpretation of privacy principle (iii) – discussion of principles relating to public interest – majority upholdNo OrderThis headnote does not form part of the decision....

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

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Dog Squad – Dog Squad carried out routine checks of vehicles entering prison grounds – searched complainant’s car and stated that “there was something in the car, or drugs had been used in the car” and “We are going to confiscate that, okay? ” – allegedly in breach of privacy Findings Standard 3 (privacy) – complainant identifiable – footage disclosed private facts – disclosure highly offensive – upheld Order Section 13(1)(d) – $750 compensation to complainant for breach of privacy This headnote does not form part of the decision.  ...

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

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....

Download a PDF of Decision No. 1992-019:Clements and Radio New Zealand Ltd - 1992-019 PDF712. 42 KB...

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....

Summary [This summary does not form part of the decision. ]A Close Up item focused on a New Zealand doctor who was offering an experimental stem cell treatment to people with Multiple Sclerosis. Hidden camera footage was obtained by a patient, and parts of it were broadcast in the story. The Authority upheld the complaint from the doctor that he was treated unfairly and his privacy was breached. The doctor was not given a fair opportunity to comment for the programme, his privacy was invaded through the use of a hidden camera, and, as the raw footage from the consultation was unavailable, the broadcaster could not demonstrate that the level of public interest in the footage outweighed the breach of privacy....

Summary [This summary does not form part of the decision. ]The opening title sequence of an episode of Neighbours at War showed a brief image of the complainant looking at the camera and giving the finger. The Authority upheld the complaint that this breached the complainant’s privacy. The footage of his private property had been filmed more than eight years earlier, and the complainant had made it clear he wanted no involvement in the programme. Despite repeated objections, his image continued to appear in the opening titles of series four of the programme. Upheld: PrivacyOrder: Section 13(1)(d) – costs to the complainant for breach of privacy $1,000Introduction[1] The opening title sequence of an episode of Neighbours at War showed a brief image of a man looking at the camera and giving the finger. The episode was broadcast on 5 December 2013 on TV2....

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Summary [This summary does not form part of the decision. ] An item on 3rd Degree contained an interview with a man who was involved in a family feud over the provisions of his mother's will. The man described the legal battle with his brothers, and the item showed two old photographs of the brothers, one of whom was WS. The Authority upheld the complaint that WS' privacy was breached as he had not consented to having his image shown 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 looked at the consequences of not writing a will or having a will contested. It contained an interview with a man, X, who was involved in a family feud over the provisions of his mother's will....

Summary[This summary does not form part of the decision. ]An episode of Dog Squad showed dog handlers with the Department of Corrections searching visitors to a prison. The episode showed two occasions of the complainant (SW) being searched; firstly, her bag was searched when she was driving onto prison premises, and secondly, a sniffer dog identified that she was carrying contraband (tobacco) inside the prison and she was shown surrendering this to Corrections staff. In both instances her face was blurred. The Authority upheld SW’s complaint that broadcasting the footage breached her privacy. She was identifiable despite her face being blurred (by clothing, body type, voice, etc), and the disclosure of private facts about her, including prescription drugs she was taking, among other things, was highly offensive....

Summary[This summary does not form part of the decision. ]Kaho Naa… Pyaar Hai (Say… You’re in Love), a Bollywood romantic thriller film, was broadcast on free-to-air television channel APNA TV between 3pm and 6pm. The film featured action scenes containing violence. The Authority upheld a complaint that the film breached a number of broadcasting standards. The film was broadcast unclassified and with an incorrect programme description, which meant audiences were unable to make an informed viewing choice and were unable to regulate their own, and their children’s, viewing behaviour. The film’s inclusion of violent imagery such as beatings, shoot-outs, murder and dead bodies, and the visual depiction of these acts occurring onscreen, warranted an AO classification and later time of broadcast on free-to-air television....

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....

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....