“The 1 News item included excerpts from one interview featured in the series, with a victim of domestic abuse and former member of the church, who Campbell reported ‘lives in hiding and would only speak with her face blurred’.
“Various shots showed the interviewee walking into the interview room from below her knees, sitting down on a chair facing the camera/Campbell, and with her back to the camera,” said the BSA.
“The shots of her sitting down facing the camera were backlit, so that she appeared in shadow with the shape of her back, hair and the sides of her ears visible. The interviewee’s voice was audible throughout and not disguised.”
However, following the broadcast, other media reported viewers’ concerns that the woman’s face was “too visible”. TVNZ removed the story from the bulletin before it was uploaded to TVNZ+.
A viewer, Olivia McEvoy, made a privacy complaint to the BSA, saying the survivor’s face was not sufficiently obscured during multiple shots and that she was “clearly identifiable to any viewer familiar with her”.
“This represents a grave failure in meeting both ethical and legal obligations to protect vulnerable individuals who come forward under strict conditions of anonymity,” said McEvoy.
“The broadcast explicitly stated the victim was living in hiding … to then expose her identity – whether through oversight or negligence – is not only a distressing breach of trust, but a potentially life-threatening error.”
TVNZ told the BSA it accepted the interviewee’s privacy had been breached.
It told the BSA: “TVNZ understands that [the interviewee]’s shadowed face was visible to some viewers in specific conditions (brightness and colour settings, and viewing angles) … Given this, TVNZ considers that [the interviewee] was identified, and it is clear from the broadcast that private information was given about her.”
The BSA reported TVNZ as saying the woman had given consent for private information to be broadcast about her, “but she wanted her face to remain hidden”.
The interviewee had understood that by telling her story, she would be identifiable to Destiny Church members, past and present, and she consented to this; “her concern was to prevent identification in the community where she lives now, which TVNZ sought to do by hiding her face”.
How did the error occur?
TVNZ outlined to the BSA how the error had occurred, saying that it originally filmed the interviewee in shadow and, as an extra precaution, blurred her image.
“When moving the footage between systems, it became corrupted, and the story had to be re-edited,” the BSA reported.
“The story was re-cut using the original shadowed footage, but this was not blurred due to a miscommunication.
“The track was viewed multiple times by different members in the team who simply saw the interviewee’s face in shadow – her face was not visible to them. The story played on 1 News and was viewed again by multiple TVNZ staff who also saw the interviewee’s face in shadow and not visible.
“At 9.15pm, the same night, after the 6pm broadcast, 1 News became aware there was an issue for some viewers: the interviewee’s face was not sufficiently obscured for them.”
A subsequent investigation suggested the shadow over the interviewee’s face may have appeared lighter with specific TV screen brightness and colour settings, “or when viewed from a particular angle”.
What’s changing?
TVNZ told the BSA that, as a result of the case, it was changing its protocols for filming people who wanted to remain anonymous.
The policy was now to film those people from behind or ensure their face/identifying features are completely obscured.
1 News “will not be filming front-on or side-on in silhouette because it creates room for error in the post-production phase”, the BSA reported TVNZ as saying.
Further, “if editing effects are necessary, this information will be passed on to all members of the team and restriction notes will be placed on the footage so that this cannot be missed. The editing techniques used will include applying a blur or using a block colour shape to cover identifiable features. Following the editing process, all video content is flattened so that editing effects cannot be modified”.
TVNZ said the breach of the privacy standard was unfortunate.
Its ultimate concern was for the interviewee and her well-being.
It told the BSA that the interviewee was contacted by Campbell the next morning, who explained what had happened, including the issue with the footage.
It said checks were made to confirm the interviewee’s established safety precautions and security measures remained in place. The interviewee “expressed to our reporter she was comfortable with how she was portrayed, and we are continuing to check in with her”.
‘A serious mistake’
In its finding, the BSA said there was clear public interest and value in the TVNZ investigation.
“While we recognise the value in the 1 News broadcast as a whole and the importance of investigating controversial organisations in the public interest, the exposure of the interviewee’s face was not necessary for this overall purpose and clearly a serious mistake, which has been accepted by the broadcaster,“ said the BSA.
“The public interest could be served without the broadcast of footage in which a vulnerable interviewee’s identity was insufficiently masked, despite an undertaking her face would remain hidden.
“Overall, we find the potential harm arising from TVNZ’s error justifies our intervention and placing a reasonable limit on the broadcaster’s freedom of expression in this case.”
Broader concerns
The BSA also considered the broader possibility that other individuals might be less willing to speak out if anonymity conditions were not met.
“We do not have evidence of actual harm in this respect; the broadcaster maintained, on the contrary, the broadcast and the interviewee’s bravery encouraged another individual to come forward for a new series.
“It also noted confidential sources are frequently used, and this type of error has never happened before.
“Nevertheless, the circumstances of this case serve as a reminder [that] vulnerable individuals sharing important stories on the condition their identities will be protected need to be confident [that] broadcasters will deliver on this promise through robust editorial processes.”
The BSA said TVNZ disputed there was any basis for the suggestion others might be discouraged from speaking up in future, by asserting that confidential sources were commonly used and there was no suggestion such an error had occurred before.
TVNZ also said the steps it took to address the error would reassure potential future contributors regarding their privacy.
And it said potential sources were not discouraged by the interviewee’s treatment. “Her contribution has, in fact, inspired another person to come forward for a new series,” the BSA reported TVNZ as saying.
Costs
TVNZ told the authority that, given its “voluntary and proactive measures to correct and mitigate the error”, it considered the imposition of any additional penalties risked deterring news organisations from reporting on sensitive matters.
The BSA said TVNZ noted “the substantial pressures news media organisations are under, meaning the threat of financial sanctions in such circumstances may inhibit coverage of such important issues in the future as ‘the risks may seem too heavily weighted against the broadcaster’.”
TVNZ considered that “publication of the decision will provide appropriate advice and clarity for broadcasters on protection of confidential sources and dispel any potential concerns as the factors which led to this breach were properly addressed in a timely manner”.
The BSA said taking into account all factors, and past decisions, it considered an award of $500 costs to the Crown was “warranted to mark the broadcaster’s error and send a signal to broadcasters”.
“While we are advised by the broadcaster the interviewee remains positive about her participation and we have no evidence of actual harm caused to her, in all the circumstances, the error in failing to adequately mask her face as promised was a serious one.
“As the broadcaster has recognised in its updated protocols, additional precautions could have been taken – including in the selection of camera angles and labelling of the footage – which would have negated any risk of error or miscommunication regarding the need to apply additional blurring to the footage.”
Editor-at-Large Shayne Currie is one of New Zealand’s most experienced senior journalists and media leaders. He has held executive and senior editorial roles at NZME including Managing Editor, NZ Herald Editor and Herald on Sunday Editor and has a small shareholding in NZME.
