CanWest, the owner of TV3, has been ordered to pay $3000 to the Crown after a complaint to the Broadcasting Standards Authority.
An item broadcast on 3 News on March 7 reported the court appearance of a man charged with accessing child pornography on the internet.
The reporter told viewers
the man was unable to be named because of a court order, and accompanied this with a lengthy shot of two men standing at a vending machine.
One of the men, whose back was to the camera, was the defendant. The other, whose profile became clear for 14 seconds, was Rodger Harris.
Mr Harris complained to the authority that the item implied he was the accused, although he had no connection to the case.
Several friends, business associates and family members recognised him, which caused him considerable embarrassment.
CanWest said it was unlikely that Mr Harris would have been recognised by viewers who were not known to him, as his face was seen only in profile.
The broadcaster also said a careful viewer would have realised the person shown could not have been the defendant, because his identity was suppressed by the court.
Mr Harris said most people would see the image and link it with what they were hearing. The authority agreed, saying the reference to "naming" the defendant rather than "identifying" him suggested 3 News was entitled to show his image as long as he was not named.
The authority ruled that Mr Harris' privacy was not breached, but the report was unfair to him.
"There is no question that the news item was carelessly prepared, and accordingly a significant award of costs to the Crown is appropriate."
- NZPA
