The man, who has full custody of the child, complained that footage of the girl was used without his permission on the interactive reality show “You Deserve It”.
According to the e.tv website, “You Deserve It” is an interactive reality show, where contestants nominate a member of their family or community who deserve to win a cash prize for their humanitarianism.
The child’s mother was nominated by her cousin, who was competing on the show.
Footage of the child, who is deaf and has cerebral palsy, was shown during the airing of the show.
“The complainant was unhappy with the fact that his ex-wife agreed that their daughter who, for all legal purposes, is a minor, could be included in a television programme,” the BCCSA said in its ruling.
“He argued that full rights with respect to the child had, during the divorce proceedings, been granted to him and that the respondent broadcaster did not have his permission to include visuals of the daughter in a programme.”
E.tv argued that it could not reasonably have known that the mother did not have the authority to grant permission for the child to be filmed.
The BCCSA found that while the child’s right to privacy had been invaded, the broadcaster had no grounds to “doubt the mother’s capacity to grant permission”.
“Ultimately, we have understanding for the plight of the complainant in this matter. He was, justifiably, offended by what happened,” the BCCSA said.
“However, we do not believe that the respondent can be held responsible for a breach of the code [of conduct] in the present matter.”