BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Cave and MediaWorks TV Ltd - 2015-026

An item on Campbell Live sought to investigate allegations of misconduct within Gloriavale Christian Community. A reporter and a cameraman visited Gloriavale and spoke to two senior members of the community. The Authority did not uphold a complaint that the broadcast breached these men’s privacy. While the circumstances of the filming may have amounted to ‘prying’, the broadcast did not disclose any private information about the men in a manner that was highly offensive.

Not Upheld: Privacy 

Right to Life New Zealand Inc and Television New Zealand Ltd - 2015-023

An item on Seven Sharp featured the story of a terminally ill woman who is a long-standing voluntary euthanasia campaigner. The item also discussed the history of attempts to legalise voluntary euthanasia in New Zealand and overseas. The Authority upheld a complaint that the item lacked balance. The item did not solely approach voluntary euthanasia from the personal perspective of the interviewee. It included a wider discussion of the voluntary euthanasia debate and law reform that triggered the requirement for presentation of alternative views, which were not presented within the programme or within the period of current interest.

Upheld: Controversial Issues

No Order

Cochran and MediaWorks TV Ltd - 2015-054

3 News reported on a gun attack on a Tunisian beach resort, and showed amateur video footage of the event. The footage contained images of people shouting and running around in confusion, and gunshots and bomb blasts could be heard. The footage also showed the gunman lying in the street after he had been shot dead by police. The Authority upheld a complaint that this footage was disturbing and should have been preceded by a warning. While recognizing the high public interest in the story and the footage, viewers were not given a reasonable opportunity to exercise discretion because they were not adequately warned of its nature. The Authority did not make any order.

Upheld: Good Taste and Decency, Violence

No Order

Supreme Sikh Council of New Zealand & Supreme Sikh Society of New Zealand and Radio Virsa - ID2015-082

The Supreme Sikh Council, its individual members and the Supreme Sikh Society of New Zealand submitted a complaint to Radio Virsa alleging that a range of broadcasts were offensive and defamatory, but were not able to give precise times, dates or comments. The complainants requested recordings of the broadcasts. The question for the Authority was whether this amounted to a valid formal complaint, and therefore whether the Authority had jurisdiction to order Radio Virsa to provide the recordings. The Authority found that a valid formal complaint had not been made due to lack of sufficient particulars, and therefore it did not have the power to order Radio Virsa to provide the recordings.

Declined Jurisdiction 

Cripps and MediaWorks TV Ltd - 2015-043

A promo for NCIS and NCIS: LA showed scenes of guns being fired, photos of a dead body and someone getting punched in the face, among other things. The Authority upheld a complaint that the broadcast did not adequately consider children’s interests. The content was not suitable for unsupervised child viewers, so the promo should have received a higher classification than G (for general audiences). On this basis the Authority found that the promo also breached the violence standard, as the broadcaster did not exercise adequate care and discretion when dealing with violent content.

Upheld: Children’s Interests, Violence

Order: Section 16(4) – $500 costs to the Crown

Green and MediaWorks TV Ltd - 2015-051

An item on 3 News discussed a leaked internal report which reviewed the Labour Party’s election strategy. Towards the conclusion of the item the reporter briefly referred to the recent installation of security doors between the Labour and National Party offices at a cost of $30,000. The Authority did not uphold a complaint that the item lacked balance on this point. The brief reference to the installation of the doors did not amount to a discussion of a controversial issue of public importance in the context of this item, which focused on the leaked Labour Party report – so the requirement to present alternative views was not triggered.

Not Upheld: Controversial Issues 

AFFCO Holdings Ltd and MediaWorks TV Ltd - 2015-050

Two items on 3 News reported on two cases of Talley's Group paying compensation to employees for work accidents at its freezing works. The items featured interviews with both workers and referred to their Employment Relations Authority (ERA) cases. The Authority did not uphold a complaint that the items were inaccurate and unfair to AFFCO Holdings Ltd, the subsidiary of Talley's Group which owns the freezing works. The broadcaster was entitled to report key parts of the ERA judgments, and AFFCO was given a fair opportunity to comment.

Not Upheld: Accuracy, Fairness

Patterson and New Zealand Media and Entertainment - 2015-065

During Jeremy Wells’ ‘Like Mike’ skit on Hauraki Breakfast Regurgitated, in which he parodied radio and television presenter Mike Hosking, Mr Wells discussed the flag debate and his admiration for John Key. Imitating Mr Hosking’s voice he said, ‘I was pleasuring myself watching John Key on Parliament TV the other day, and, just when things were coming to a climax, they cut to [Labour leader Andrew] Little and I lost thickness immediately’. The Authority did not uphold a complaint that the comment breached standards of good taste and decency. The item was clearly satirical and intended to be humorous, and was consistent with audience expectations of Mr Wells, Mr Hosking, the programme and the radio station. The comments were inexplicit and in the nature of innuendo, and would have gone over the heads of most children.

Not Upheld: Good Taste and Decency

Morris and Radio New Zealand Ltd - 2015-059

Roger Morris complained that an alleged discussion on Worldwatch about the ‘Ukraine coup d’etat’ failed to mention a number of key facts, primarily about the United States’ involvement in the conflict. The Authority declined to determine the complaint as the broadcast identified by the complainant in his complaint did not feature any content about Ukraine.

Declined to Determine: Controversial Issues, Accuracy, Fairness, Responsible Programming

Tawfik and New Zealand Media and Entertainment - 2015-067

During his talkback show, host Leighton Smith in a conversation with a caller about the impact of cultural and religious beliefs on others, asked, ‘How do you think the Muslims will fit into that?’ He then repeated the question as, ‘How do you think the beheaders will fit into that?’ The Authority did not uphold a complaint that this promoted anti-Islamic sentiment and was extremely offensive. While the comment was objectionable, it was relatively brief and not repeated, and did not reach the high threshold necessary to constitute hate speech or encourage discrimination or denigration. Mr Smith was also apparently questioned about the comment by the programme producer and he attempted to explain what he meant.  

Not Upheld: Discrimination and Denigration

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