TV3 takes on minister over complaint

TV3 is taking the Broadcasting Standards Authority to the High Court. Photo / Martin Sykes

TV3 is taking the Broadcasting Standards Authority (BSA) to the High Court over its decision to hear a complaint from Social Development Minister Paula Bennett about a report that claimed she offered a beneficiary money to drop a privacy case.

The decision to hear the complaint split the BSA, with one member disagreeing on whether Ms Bennett's initial letter to TV3 counted as a formal complaint or whether the minister had missed the deadline. A majority of two to one eventually ruled the complaint could be considered.

In April, TV3 aired an item on 3 News which claimed Ms Bennett offered money to solo parent Natasha Fuller in exchange for dropping a privacy complaint against her.

The Hamilton mother of three took out a complaint last year, when the minister publicly released full details of what state support she and another single parent received after they featured in a newspaper complaining about the axing of a training incentive allowance.

The two met in an attempt by the Privacy Commissioner to mediate a solution and in April, TV3 reported comments from Ms Fuller on Facebook suggesting a monetary settlement had been discussed if she dropped the case - a claim that Ms Bennett's office denied.

Ms Fuller later told TV3 she had been "lying and joking".

Ms Bennett then wrote to TV3, seeking an apology for the item, which she said was not fair, accurate or balanced - a claim rejected by TV3's head of news, Mark Jennings.

She then complained to the BSA but was initially told it had come outside the 20 working day time frame. However, Ms Bennett said her original letter to TV3 should be regarded as a formal complaint, an argument accepted by the BSA in September.

BSA chief executive Dominic Sheehan confirmed the High Court was reviewing that decision, which could take months.

The majority of the BSA said it was lodged in time but "obviously TV3 is saying no, it was out of time".

"Effectively, it's just up to a judge now ... to review and either do something or not, as the case may be."

TV3 marketing and communications director Roger Beaumont confirmed an appeal had been lodged but said he could not discuss details as it was before the courts.

Ms Fuller's privacy complaint has since been referred to the Director of the Office of Human Rights Proceedings, part of the Human Rights Commission (HRC), after Privacy Commissioner Marie Shroff was unable to resolve it.

Both Ms Bennett and Ms Fuller were considering their responses to each other's submissions, with a response expected within the next month, HRC spokesman Gilbert Wong said.

They may be directed to undertake further mediation, or referred to the Human Rights Review Tribunal, a legal body which had the power to make rulings and order compensation or other penalties.

- NZPA