BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Watson and NZME Radio Ltd - 2016-085 (15 December 2016)

During Kerre McIvor & Mark Dye Afternoons, the hosts had a conversation about tipping in the United States. They discussed a story told by a talkback caller, who said that a church published a Bible pamphlet to be used instead of a monetary tip. One host, who appeared to be reading from the pamphlet, said, ‘Some things are better than money, like your eternal salvation that was bought and paid for by Jesus,’ to which the other host responded by making a vomiting sound. The Authority did not uphold a complaint that the vomiting sound made by the host was offensive to Christians and all those who hold religious beliefs. The Authority acknowledged that the host’s reaction would have caused offence to some listeners. However, the reaction reflected the host’s disagreement with the sentiment of the Bible pamphlet and the host was entitled to express this view. In the context of the broadcast, it did not reach the threshold necessary to encourage discrimination against, or denigration of, Christians or those who hold religious beliefs.

Not Upheld: Good Taste and Decency, Discrimination and Denigration

Kuten and MediaWorks TV Ltd - 2016-081 (15 December 2016)

An item on Story opened with the news that Air Chathams had recently launched a new flight route from Auckland to Whanganui, following Air New Zealand’s announcement that it would discontinue its flights to the city. The item featured a reporter who visited Whanganui and spoke with the Mayor, residents and business-owners about their experiences and the good and the bad side of living and working in Whanganui. The Authority did not uphold a complaint that this item was unbalanced, inaccurate and unfairly portrayed Whanganui and its residents. The introduction to the item was a parody of a popular, long-running Lemon and Paeroa television advertisement, which most viewers would have recognised, and while some of the reporter’s comments were critical of Whanganui, these were balanced with many positive comments made by residents and the item’s presenters.

Not Upheld: Fairness, Balance, Accuracy

Steel and Television New Zealand Ltd - 2016-079 (15 December 2016)

An item on 1 News discussed the New Zealand Government’s ‘open door policy’ on allowing foreign visitors in New Zealand to drive. The item featured an interview with a road safety campaigner, who said it was unfair that Chinese visitors were able to drive in New Zealand with international licences, while New Zealanders had to apply for a permit to drive in China. The item included numerous references to Chinese drivers in New Zealand, and featured footage of Chinese members of the public. The Authority did not uphold a complaint that this item was discriminatory towards Chinese people. The item was framed around the campaigner’s opinion that there was not a ‘level playing field’ between China and New Zealand. While viewers may not have agreed with the campaigner’s views, his comments did not reach the high threshold required to encourage discrimination against, or denigration of, Chinese people. The comments that were critical of Chinese drivers were also balanced during the item with comments from a Government representative, and the reporter’s comments about accidents in New Zealand involving other nationalities.

Not Upheld: Discrimination and Denigration

JW and MediaWorks TV Ltd - 2016-058 (15 December 2016)

An item on Story explored the issue of unconscious bias. During the introduction, footage of members of the public walking down the street was shown. Each individual was zoomed in and highlighted with special effects. The Authority upheld a complaint from JW, one of the individuals shown, that she was unfairly ‘showcased’ during the segment. Rather than being a face in the crowd, the edited footage used filming techniques that singled out the complainant and drew her into the issue under discussion without her knowledge or consent. This unduly impacted on her dignity and was unfair. The Authority recognised that bias is a sensitive issue and has the potential to cause hurt and offence. It is also an important social issue. In this context, without undermining the value of the item as a whole, the Authority considered more care should have been taken in the way the footage was edited to avoid the singling out of individuals who were unaware they would be featured. The Authority did not consider that JW had a reasonable expectation of privacy when she was filmed on a busy public street. Nor did the item reach the high threshold necessary to encourage viewers to treat differently, or devalue the reputation of, any section of the community.

Upheld: Fairness; Not Upheld: Privacy, Discrimination and Denigration; No Order

Ball and Television New Zealand Ltd - 2016-074 (15 December 2016)

An episode of Cold Feet, a British comedy-drama series which followed the intertwining lives of three couples at different stages in their relationships, contained sex scenes. The Authority did not uphold a complaint that the sex scenes breached the children’s interests and good taste and decency standards. Cold Feet was not targeted at child viewers, it was classified Adults Only and broadcast during an appropriate timeband, and was preceded by a specific warning for sex scenes. The level of sexual content was not overly explicit and was justified by the episode’s narrative context. Overall the broadcaster adequately ensured child viewers could be protected from adult content, and the episode would not have offended or surprised the general viewing audience.

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

Campbell and Radio New Zealand Ltd - 2016-069 (2 December 2016)

During the All Night Programme on Radio New Zealand, the presenter used the expression ‘Thank Christ’. The Authority did not uphold a complaint that this was a ‘blasphemous expression’ which was highly offensive. The Authority followed its findings in previous decisions that expressions such as ‘Thank Christ’ are often used as exclamations and are not intended to be offensive. It was satisfied that in the context it was used by the presenter, the expression would not generally be considered to threaten current norms of good taste and decency.

Not Upheld: Good Taste and Decency

Robinson and Television New Zealand Ltd - 2016-066 (2 December 2016)

A documentary series Inconceivable followed the fertility struggles of eight New Zealand couples over the course of two years. During this episode, one of the couples went to the doctor for a blood test. Contact details on the test documentation were briefly shown, including the woman’s full name and her mobile number, and the couple’s home phone number and partial street address. The Authority did not uphold a complaint that this breached the couple’s privacy. The broadcaster advised that the couple reviewed the episode prior to screening and gave their full and informed consent for it to be broadcast. The shot in question was very brief, such that many viewers would likely have overlooked the level of detail shown. The Authority also recognised that Inconceivable carried a high level of public interest, providing a platform for the participants to share their stories and to inform and educate the wider community about fertility issues.

Not Upheld: Privacy 

Lowes and MediaWorks TV Ltd - 2016-072 (2 December 2016)

An item on Paul Henry about Independence Day celebrations in the USA featured an interview with the USA’s Ambassador to New Zealand. Prior to the interview, Paul Henry referred to the USA claiming ‘its independence from England’. He later quoted Margaret Thatcher, referring to her as the ‘Prime Minister of England’. The Authority did not uphold a complaint that Mr Henry’s statements were inaccurate and discriminatory in that he should have referred to Great Britain or the United Kingdom, rather than England. The item was focused primarily on Independence Day celebrations and the statements would not have affected viewers’ understanding of the item as a whole. There was also no suggestion that Mr Henry intended to discriminate or denigrate against people of the United Kingdom who were not English.

Not Upheld: Accuracy, Discrimination and Denigration

Radisich and Television New Zealand Ltd - 2016-052 (2 December 2016)

An item on Fair Go reported on complaints by two families about the allegedly unsatisfactory supply and installation of their swimming pools, purchased from The Spa and Pool Factory (SPF). During the item, the reporter also noted that the Auckland Council was investigating SPF regarding ‘potentially fraudulent documentation’. The Authority did not uphold a complaint from the director of SPF that the item was inaccurate, unfair and in breach of his privacy. The broadcaster made reasonable efforts to ensure that the programme was accurate and did not mislead viewers, going directly to Mr Radisich and to Auckland Council to seek their comments on the issues raised. In relation to the alleged breach of privacy, no information about which Mr Radisich had a reasonable expectation of privacy was disclosed during the item, and the way the information was presented would not be considered highly offensive to an objective reasonable person. Finally, Fair Go appropriately sought comment from Mr Radisich, the sole director of SPF, to ensure his perspective was captured and that he was treated fairly.

Not Upheld: Accuracy, Privacy, Fairness  

Atkins and Television New Zealand Ltd - 2016-056 (2 December 2016)

An item on Fair Go reported on the stories of two families (A and B) and their experiences with The Welcome Home Foundation (now called the Home Funding Group) (together, HFG). Both families claimed that they lost money through their involvement with HFG, which provided financial support and the ability to hold money ‘on trust’ towards a deposit for a home. The Authority did not uphold a complaint from the director of HFG, Luke Atkins, that the broadcast breached the accuracy, fairness and balance standards. While one aspect of the item was found to be inaccurate by the broadcaster, the Authority found that the action taken in the circumstances was sufficient. Mr Atkins was provided with many opportunities to respond to Fair Go’s questions, and provided a press release setting out his point of view which was fairly summarised during the item and also made available online. The Authority found that, overall, viewers were given sufficient information to make up their own minds about HFG.

Not Upheld: Accuracy (Action Taken), Fairness, Balance 

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