Sunday programme's gay conversion hidden camera complaint not upheld: BSA

TVNZ's Sunday programme has had complaints in relation to a hidden camera used by journalists dismissed by the Broadcasting Standards Authority.

A complaint laid against a media organisation which used a hidden camera during an investigation into gay conversion therapy has not been upheld by the Broadcasting Standards Authority.

The authority instead found there was "high public interest" in the broadcast by TVNZ's Sunday programme.

However, the authority found the broadcast did breach the privacy of three people filmed for the item.

Three individuals were filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, "Jay", who posed as a young Christian "struggling with same sex attraction".

"[A]ll three individuals… were filmed discussing a sensitive matter with [the reporter]. They believed that [he] was confiding in them about his sexuality and his conflicting religious beliefs, and believed they were sharing their own religious beliefs, sensitive therapy techniques or information… which they might not otherwise openly share. All three individuals were therefore offering advice and religious support… with the expectation that this conversation would be kept, for the most part, confidential," the authority said.

The complainants, dubbed "A, B and C", submitted they were covertly filmed in what would normally be a private and safe setting, without their knowledge or consent.

In that confidential context, the covert filming was "intrusive and did not serve the public interest".

They claimed the filming was done with the purpose of publicly "naming and shaming" the individuals and organisations, and to expose them to harassment, for simply trying to assist those who approached them for help.

However, although the authority found the broadcast breached the individuals' privacy, the public interest in the programme and the important value of the issues addressed meant that the broadcaster's use of a hidden camera in this case was justified.

TVNZ submitted those individuals in the case did not have a reasonable expectation of solitude or seclusion.

"The individuals were contacted 10 days prior to broadcast and asked if they would like to take part in an on-camera interview.

"Sunday also put a number of questions to them by phone and email and advised them of the date of broadcast. Their comments were fairly presented in the programme."

In its decision the authority saw value in the topic and the approach taken by the broadcaster, acknowledging that without a covert camera TVNZ would have been unable to obtain accurate information about the reality of these practices.

"The programme highlighted an issue that might not have otherwise been known to the wider New Zealand public, reporting on an allegedly misleading practice which has been recognised to cause significant harm to vulnerable people. This item contributed to the ongoing public debate about the ethics of gay conversion therapy and whether it should be made illegal."

"The hidden camera footage provided audiences with an unvarnished view of [the] advice to [the reporter], that his same sex attraction could be changed or suppressed and the process by which he could achieve this… We consider it would have been highly unlikely for the individuals who were approached to speak as candidly and openly to a reporter or media about their views…"

In a second decision the authority dismissed related complaints addressing the fairness and accuracy standards.