BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

An item on the programme 5.30 with Jude, broadcast on TV One on 7 October 1998, featured a representative from a health products company discussing soy products, phytoestrogens, and commercial products containing them, with the presenter.

Mrs James complained to Television New Zealand Limited, the broadcaster, that statements made in the item were unbalanced, and did not mention the risks of soy or phytoestrogen ingestion. The item confused soy food used as part of a varied diet with a component (phytoestrogen) extracted from it, she wrote.

TVNZ responded that its research revealed many articles and symposia disclosing the beneficial effects of soy foods. Noting that soy products were freely available in New Zealand, and that there was no widespread concern about their sale, it declined to uphold the complaint.

Dissatisfied with TVNZ’s response, Mrs James referred her complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons below, the Authority declines to determine the complaint.

Decision

The members of the Authority have viewed a tape of the item complained about, and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing.

The Authority received substantial correspondence from Mrs James in support of her complaint, all of which was referred to the broadcaster for comment. Correspondence was also received from the broadcaster in response, and referred to Mrs James. Details of the correspondence are set out in the Appendix attached to this decision.

In a letter to the Authority dated 16 November 1998, TVNZ said that it was "abundantly clear" that the segment about which the complaint had been made was "advertorial in nature". This, wrote the broadcaster:

…raises the issue of whether the complaint came under the jurisdiction of the Advertising Standards Complaints Board or was a matter of programme standards.

At its meeting on 3 December 1998 the Authority was of the view that the broadcast was an "advertising programme" within the meaning of s.2(1) of the Broadcasting Act 1989. It considered that the complaint should be referred to the Advertising Standards Complaints Board. The Board accepted the Authority’s referral of the complaint. On 18 February 1999 the Advertising Standards Complaints Board, having considered the complaint, decided that the complaint would be not upheld. The reasons for the Board’s decision were set out in its decision in detail.

In view of the full consideration given to the complaint by the Board and in all the circumstances outlined in this Decision, the Authority declines to determine the complaint pursuant to the power given to it in s.11(b) of the Broadcasting Act 1989.

For the reasons set forth above, the Authority declines to determine the complaint.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
13 May 1999

Appendix

The following correspondence was received and considered by the Authority when it determined this complaint:

        1. Valerie James’s Complaint to Television New Zealand Ltd – 10 October 1998
        2. TVNZ’s Response to the Formal Complaint – 5 November 1998
        3. Mrs James’s Letters (2) to TVNZ – 10 November 1998
        4. Mrs James’s Referral to the Broadcasting Standards Authority – 10 November 1998
        5. TVNZ’s Comments to the Authority – 16 November 1998
        6. Mrs James’s Letter to the Authority – 19 November 1998
        7. Mrs James’s Final Comment – 20 November 1998
        8. Mrs James’s Letter to the Authority – 23 November 1998
        9. Mrs James’s Further Letter to the Authority – 24 November 1998
        10.   The Authority’s Letter to the Advertising Standards Complaints Board – 3 December 1998
        11. The Board’s Letter to the Authority – received 8 December 1998
        12. The Authority’s Letter to the Board – 9 December 1998
        13. The Authority’s Letter to Mrs James - 9 December 1998
        14. The Authority’s Letter to TVNZ - 9 December 1998
        15. The Board’s Letter to the Authority – 10 December 1998
        16. The Board’s Letter to the Authority – 19 February 1999
        17. The Board’s Letter to the Authority enclosing its decision – received 26 April 1999
        18. The Board’s Letter to the Authority – received 3 May 1999