BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary 

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

The Authority has declined to determine a complaint about an item on Breakfast as it was trivial. The complainant was concerned with the description of Auckland’s COVID-19 Alert Level 3 restrictions being referred to as ‘lockdown’ when Level 4 is ‘lockdown’. The remainder of the complaint reflected the complainant’s personal grievances with the broadcaster’s emailing system.

Declined to Determine (section 11(a) of the Broadcasting Act 1989, trivial): Programme Information, Accuracy

The broadcast

[1]  On 23 November 2021, presenters on Breakfast referred to Auckland’s COVID-19 Alert Level 3 restrictions as ‘lockdown’.

The complaint

[2]  Dr Stephen Jones complained this programme breached the programme information and accuracy standards:

• ‘You are giving viewers erroneous information. Auckland has NOT been in Lockdown for 98 days, 3 months, etc, as you keep telling us. In fact they haven’t been in Lockdown since 21 September (after 36 days in Lockdown).’
• ‘According to the NZ Government’s website, ONLY LEVEL 4 IS LOCKDOWN.’
• ‘Please feel free to reply but please do not send me automatic, no-reply emails, as these are SPAM.’

The broadcaster’s response

[3] Television New Zealand Ltd (TVNZ) did not uphold the complaint for the following reasons:

• The programme information standard did not apply to this complaint as it does not concern the classification of programming.
• ‘The Committee understands your point, that Alert Level 4 is ‘lockdown’ and Alert Level 3 is ‘restrict’ under the lockdown system. However, we do not agree that the description of Auckland being in lockdown for 98 days is misleading or that it is inaccurate. This is the way that the lockdown in Auckland was, and is, commonly described and there is no confusion concerning what it means for viewers.’

Outcome: declined to determine

[4]  Section 11(a) of the Broadcasting Act 1989 authorises the Authority to decline to determine a complaint if the Authority considers it to be frivolous, vexatious or trivial. A ‘trivial’ complaint is defined as one which is of little or no importance and is at such a level not to justify it being treated as a serious complaint.¹

[5]  We consider the complaint, concerning the use of the word ‘lockdown’, to be trivial. Alert Level 3 and Alert Level 4 restrictions are both commonly known as ‘lockdown’, due to the similarities in their restrictions. The titles of the Alert Levels on the New Zealand government’s website do not displace the common meanings and uses of words in our society.

[6]  Finally, we note the complainant’s issue with auto-reply emails or spam is not an issue of broadcasting standards.

For the above reasons the Authority declines to determine the complaint.
Signed for and on behalf of the Authority

Susie Staley
Chair
16 February 2022  

Appendix

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

1  Dr Stephen Jones’ complaint to TVNZ – 23 November 2021

2  TVNZ’s decision on the complaint – 20 December 2021

3  Jones’ referral to the Authority – 20 December 2021

4  Jones’ additional comments on referral – 21 December 2021

¹ Guidance: BSA Power to Decline to Determine a Complaint, Broadcasting Standards in New Zealand Codebook, page 66