BSA finds girls treated unfairly in gangs item

A TV3 60 Minutes item on girl gangs in Hawke's Bay did not sufficiently protect the identities of four girls, exploited them and treated them unfairly, the Broadcasting Standards Authority has found.

The broadcaster has been ordered to make an on-air apology and pay $6000 costs.

Hastings District Council complained about the item, which contained interviews with current and former gang members and was broadcast on April 27 last year.

Included in the item were four girls - one aged 12 or 13, two aged 15 and one aged 16 - who were shown wearing gang-style clothing. Two of the girls were shown spray painting graffiti on a basketball court and two were shown re-enacting breaking into a house.

The girls were not interviewed but the reporter said they had told her they were drinking and getting into fights.

Two of the council's six complaints were upheld, with the authority finding breaches of the privacy and fairness standards.

The four girls were shown with their faces covered by bandanas but during the item three of the bandanas slipped, exposing the girls' faces.

The authority said that even if the bandanas had not slipped, it did not agree with the broadcaster that they provided sufficient protection of their identity.

"Viewers could see the top half of the girls' faces including their eyes, nose and hair colour. In addition, several full length shots of the girls showed their body shapes and distinctive clothing," the decision said.

The three girls under 16 were not old enough to consent to a broadcast that would breach their privacy the decision said and, "there is no evidence to suggest that a parent or guardian consented on their behalf..."

In the case of the 16-year-old, there was an understanding with the reporter that her identity would not be revealed and the authority did not find the bandana to be a sufficient disguise.

"The authority considers that the broadcaster reneged on an understanding not to reveal the girls' identities, and thereby disclosed private facts in a highly offensive manner about four young girls, three of whom were children," the decision said.

On the issue of unfairness, the decision said that the young girls were exposed as participating in criminal and anti-social behaviour when the broadcaster had agreed not to identify them.

The authority found the broadcaster failed to appreciate the harm the item could cause to the reputations and futures of the young girls.

"In this respect, the authority is of the view that the broadcast exploited the girls, due to their young age and lack of appreciation for the consequences of their actions, and unnecessarily identified them. It considers that all four girls were treated unfairly."

The authority ordered TVWorks Ltd to broadcast a summary of the decision within a month and to pay complainant costs of $3560.12 and Crown costs of $2500.

- NZPA