BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
BSA Decisions
Findlay and NZME Radio Ltd - 2021-145 (9 February 2022)

A segment on Simon Barnett & James Daniels Afternoons discussed that day’s COVID-19 media conference announcing the likely use of vaccination certificates. The complainant stated the segment breached the accuracy standard as the interviewee indicated there was no detail provided regarding when the certificates would be used, despite the Government providing an indicative date of ‘November’ in the earlier conference. The Authority did not uphold the complaint, finding the segment was materially accurate. In any event, an interview in a later programme on the channel was sufficient to clarify and correct any misleading impression which may have been created.

Not Upheld: Accuracy

Danes and Discovery NZ Ltd - 2021-140 (9 February 2022)

A promo for Naked and Afraid of Love aired during the programme Aussie Gold Hunters at 5.56pm on Three. The Authority did not uphold a complaint the promo breached the good taste and decency and children’s interests standards as it was consistent with the PG classification for Aussie Gold Hunters and was unlikely to cause widespread undue offence or distress.

Not Upheld: Good Taste and Decency, Children’s Interests

Davis and Television New Zealand Ltd - 2021-149 (9 February 2022)

The Authority has not upheld a complaint about a Seven Sharp segment depicting students cycling on a footpath. The complainant stated this was contrary to the Cycling Code. While acknowledging the depiction of potentially unlawful behaviour, the Authority found, in the context of the programme, the broadcast did not promote, glamorise, or condone breaking the law.

Not Upheld: Law and Order

Bright and Discovery NZ Ltd - 2021-152 (9 February 2022)

The Authority has not upheld a complaint under the accuracy standard about Dr Siouxsie Wiles’ statement ‘It's safe to have the [COVID-19 Pfizer] vaccine if you're pregnant’. The Authority found the statement was materially accurate. In any event, it was reasonable for the broadcaster to rely on Dr Siouxsie Wiles as an authoritative source.

Not Upheld: Accuracy

Cribb and Sky Network Television - 2021-141 (9 February 2022)

An item on Prime News inadvertently contained an uncensored image of the word ‘cunt’. The Authority has not upheld a complaint alleging the action taken by the broadcaster in response to this error was insufficient. The broadcaster upheld the complaint under the good taste and decency standard and took steps to address the error with its news producers. The broadcaster also apologised to the complainant.

Not Upheld: Good Taste and Decency (Action Taken)

AP and Television New Zealand Ltd - 2021-153 (9 February 2022)

The Authority has not upheld a complaint regarding the language used in a post-match interview on 1 News. The Southland Rugby captain used the phrase ‘shove it up their arse’ in response to a question on what he would say to ‘the detractors’. The Authority found this was low-level coarse language, within audience expectations, and recognised the value of allowing interviewees to express themselves in their own words.

Not Upheld: Good Taste and Decency

Westbrook and Television New Zealand Ltd - 2021-126 (25 January 2022)

An episode of Sunday included an investigation into the Delta strain of SARS-CoV-2 and its effects. Whilst focused on Australia, the segment included an interview with a teenager in Ireland who had recovered from COVID-19. The complainant stated the segment breached the accuracy standard as it implied the interviewee had COVID-19 in Australia and had contracted the Delta SARS-CoV-2 variant (neither of which was true). The Authority did not uphold the complaint. The Authority found the issues raised were unlikely to affect a viewer’s understanding of the segment as a whole.

Not Upheld: Accuracy

O’Hagan and MediaWorks Radio Ltd - 2021-136 (25 January 2022)

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached.

Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order

Marshall and Television New Zealand Ltd - 2021-138 (25 January 2022)

A segment of Seven Sharp on 13 October 2021 reported on the COVID-19 vaccine. The complaint was the segment breached the balance, accuracy and fairness standards as the report incorrectly stated the vaccine was safe for people that are pregnant or breastfeeding. The Authority found the relevant statements were materially accurate. In any event, it was reasonable for TVNZ to rely on Dr Nikki Turner as an authoritative source. In dismissing material relied upon by the complainant to challenge the vaccine’s safety, the Authority also cautioned against the risk of contributing to misinformation by drawing conclusions from extracts of information without an understanding of the context. The balance and fairness standards did not apply.

Not Upheld: Accuracy, Balance, Fairness

Clark & Sallee and Apna Television Ltd - 2021-081 (20 December 2021)

The Authority has found aspects of Talanoa Sa’o breached the accuracy standard. While parts of the programme were opinion, comment or analysis to which the standard does not apply, it did contain incorrect statements of fact, false assertions, and omissions of information which would materially mislead viewers (particularly through implication). The programme created the incorrect impression that social housing will only be provided to people who are vaccinated against COVID-19; that hydroxychloroquine is an effective COVID-19 treatment and the Government has deliberately prevented New Zealanders from accessing it; and that a baby was born after an attempted abortion and left to die as a result of recently amended abortion laws. The broadcaster did not provide evidence of reasonable efforts to ensure the accuracy of the programme.

Upheld: Accuracy

Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $500 costs to the Crown

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