BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

[This summary does not form part of the decision.]

The Authority found it had no jurisdiction to determine a complaint about advice provided to a listener on Your Money with Mary Holm, because the complaint did not explicitly or implicitly identify any broadcasting standards breached by the broadcast.

Declined Jurisdiction 

The item

[1]  On Your Money with Mary Holm, commentator, Mary Holm, provided advice to a listener, regarding the listener’s son's investment in KiwiSaver on the minimum wage.

[2]  The item was broadcast on 8 October 2018 on RNZ National. 

The complaint

[3]  Allan Golden complained that this advice was ‘improper’ for a young man on the minimum wage, saying: ‘propagating the idea that virtually everyone should be investing externally is most improper and should not be broadcast’.

[4]  The broadcaster submitted that Mr Golden did not identify any inaccuracies in the broadcast but rather that he disagreed with Ms Holm’s advice and was making alternative suggestions.

[5]  In considering this complaint, we have listened to a recording of the broadcast complained about and have read the correspondence listed in the Appendix.

Outcome: Declined jurisdiction

[6]  When determining whether a complaint falls within the Authority’s jurisdiction we look at whether it meets the criteria set out under section 6 of the Broadcasting Act 1989 (the Act). Amongst other requirements, the complaint must constitute an allegation that the broadcaster has failed to comply with one or more of the broadcasting standards contained in the Act or the relevant code of practice.¹ Section 6 does not require that a standard be expressly referred to in the complaint. It is enough that the complaint clearly implies what standard is being relied on.

[7]  In this case, we find Mr Golden’s complaint did not meet this requirement. His original complaint to the broadcaster only expressed his opinion or personal preference on the issue covered in the item. It did not raise any issues under broadcasting standards, either expressly or impliedly. Accordingly, we do not have jurisdiction to consider this complaint further.

[8]  In regards to RNZ’s request that the Authority impose a ‘financial penalty’ on Mr Golden, as the complaint falls outside the Authority’s jurisdiction, we are unable to award costs to parties.

For the above reasons the Authority declines jurisdiction to accept the complaint.

Signed for and on behalf of the Authority

Judge Bill Hastings
Chair
18 February 2019  

Appendix

The correspondence listed below was received and considered by the Authority:
1     Allan Golden’s formal complaint – 19 October 2018
2     RNZ’s response to the complaint – 13 November 2018
3     Mr Golden’s referral to the Authority – 25 November 2018
4     RNZ’s invitation for BSA to find complaint vexatious – 19 December 2018

 ¹ See section 6(1)(a) of the Broadcasting Act 1989