BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Cleaver and MediaWorks TV Ltd - 2015-079 (28 January 2016)

In an item on Story, an actor approached four different real estate agencies (Ray White, LJ Hooker, Barfoot & Thompson and Harcourts) and asked agents to sell him properties for investment prior to auction and at a lower price, which it was alleged would be in breach of the industry code. The Authority did not uphold a complaint that one of the Story presenters had a conflict of interest because of her family connections to Barfoot & Thompson, which resulted in a breach of standards. The Authority is not in a position to determine whether such a conflict existed, but in any case, the alleged conflict did not manifest as a breach of the broadcasting standards nominated.

Not Upheld: Fairness, Accuracy, Controversial Issues

Hamblyn and Television New Zealand Ltd - 2015-084 (28 January 2016)

A promo for Aquarius, shown during Seven Sharp, included a brief shot of a partially clothed injured male character surrounded by female characters tending his wounds. The Authority did not uphold a complaint that the ‘sexualised’ promo was inappropriate for a time when children could be watching television. The promo did not depict any sexual activity or full nudity, and the shot complained about was fleeting and indistinct. The content was consistent with expectations of a PGR classification and the host news and current affairs programme, and any child viewers would have likely been supervised by adults.

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

Brock and Television New Zealand Ltd - 2015-077 (28 January 2016)

An episode of Shortland Street showed the death of a 14-year-old character, Pixie. Pixie had apparently been undergoing chemotherapy and was hospitalised for pneumonia. At the end of the episode, Pixie’s condition rapidly deteriorated and she died. The Authority did not uphold a complaint that the item should have been preceded by a warning because children could have been disturbed and upset by the content. Shortland Street is rated PGR and frequently features adult themes. While the fictional depiction of a child’s death was potentially upsetting, it was not outside audience expectations and parents had an opportunity to exercise discretion.

Not Upheld: Responsible Programming, Children’s Interests

McKenzie and MediaWorks TV Ltd - 2015-055 (18 December 2015)

A promo for Face Off, a reality competition show in which the contestants are special effects make-up artists, screened during the animated movie Chicken Run. The Authority upheld a complaint that the promo breached standards of good taste and decency. The promo’s images of gory and wounded prosthetic body parts went beyond audience expectations of a G-rated family movie and were likely to distress child viewers. The Authority however did not agree that the images showed ‘violence’ or violent acts as envisaged by the violence standard.

Upheld: Good Taste and Decency

Not Upheld: Violence

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

SW and Television New Zealand Ltd - 2015-030 (18 December 2015)

An episode of Dog Squad showed dog handlers with the Department of Corrections searching visitors to a prison. The episode showed two occasions of the complainant (SW) being searched; firstly, her bag was searched when she was driving onto prison premises, and secondly, a sniffer dog identified that she was carrying contraband (tobacco) inside the prison and she was shown surrendering this to Corrections staff. In both instances her face was blurred. The Authority upheld SW’s complaint that broadcasting the footage breached her privacy. She was identifiable despite her face being blurred (by clothing, body type, voice, etc), and the disclosure of private facts about her, including prescription drugs she was taking, among other things, was highly offensive. SW did not give informed consent to the broadcast and the public interest message about prison protocol could have been communicated without identifying SW.

Upheld: Privacy

Order: Section 13(1)(d) $1,000 compensation for breach of privacy

NR and Television New Zealand Ltd - 2015-064 (1 December 2015)

The introduction to a Neighbours at War story showed brief footage of a man, GR, on a street outside a bar. The Authority did not uphold a complaint from GR’s son that the broadcast breached GR’s privacy. The footage was very brief, was taken in a public place and would not be highly offensive to an objective reasonable person.

Not Upheld: Privacy 

Wilkinson and MediaWorks TV Ltd - 2015-057 (1 December 2015)

Paul Henry featured an interview with the president of the Police Association about assaults on police and the debate about whether to arm front-line police officers with tasers. Towards the start of the interview, Mr Henry said, ‘The numbers are truly extraordinary, aren’t they? Violent attacks on police officers are definitely going up’. The Authority upheld a complaint that this comment was inaccurate, as the number of assaults on police officers was actually decreasing. However, it did not uphold a complaint that the item was unbalanced, as MediaWorks made reasonable efforts to provide balance on the issue of taser carriage by police within the period of current interest.

Upheld: Accuracy

Not Upheld: Controversial Issues

No Order

Solanki and Television New Zealand Ltd - 2015-069 (1 December 2015)

During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots?’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards.

Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy 

Thomson and Television New Zealand Ltd - 2015-060 (1 December 2015)

An item on Sunday discussed AC/DC drummer Phil Rudd’s alleged unsafe sex practices with escorts. The Authority did not uphold a complaint that the item breached Mr Rudd’s privacy. The information disclosed during the item was already in the public domain and widely broadcast, so did not constitute private facts. The item also did not disclose any personal details about Mr Rudd for the purposes of encouraging harassment.

Not Upheld: Privacy 

Williamson and Television New Zealand Ltd - 2015-061 (1 December 2015)

During ONE News at Midday, TVNZ’s sports presenter reported the New Zealand women’s hockey team’s loss in a World League semi-final match. She said, ‘The one consolation, though – Australia hasn’t progressed either’. The Authority declined to uphold a complaint that this comment was ‘nasty’ and ‘spiteful’. It is common for sports reporting to refer to the long-standing trans-Tasman rivalry and most viewers would not have been offended in this context.

Not Upheld: Good Taste and Decency, Controversial Issues, Responsible Programming

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