BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Parlane and New Zealand Media and Entertainment - 2016-007 (14 April 2016)

An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle. The Authority did not uphold a complaint alleging that the item was distasteful. Taking into account contextual factors such as the adult target audience of Coast FM and that the item was a brief and straightforward report, the broadcast did not threaten current norms of good taste and decency.

Not Upheld: Good Taste and Decency 

Lawrence and MediaWorks TV Ltd - 2015-099 (14 April 2016)

An item on Story showed presenter Heather du Plessis-Allan purportedly exposing a loophole in New Zealand’s gun laws by falsifying a mail-order form and obtaining a firearm from a gun dealer without verifying that she held a gun licence. The Authority did not uphold a complaint alleging that the broadcast encouraged viewers to break the law. The item carried public interest, it was clearly meant to discourage flouting of gun laws rather than encourage illegal activity and the Police Association commended Story for exposing the issue.

Not Upheld: Law and Order 

Melville and MediaWorks TV Ltd - 2016-006 (14 April 2016)

An item on Story covered the ongoing story of presenter Heather du Plessis-Allan’s mail-order purchase of a firearm for an earlier item, and the subsequent police investigation and search of her house. The Authority did not uphold a complaint alleging that the presenter’s reference to ‘legal loopholes’ within the mail-order firearm purchase system was inaccurate and unfair to the parties concerned because the firearm was procured illegally. The presenter used the term ‘loophole’ rather than ‘legal loophole’ and this was an accurate description of the mail-order system prior to police action. The item further did not unfairly represent the purchase process or otherwise result in unfairness to any individual or organisation referred to.

Not Upheld: Accuracy, Fairness

Hawthorne and MediaWorks Radio Ltd - 2015-097 (14 April 2016)

During Talk with Willie and Alison, host Willie Jackson referred to a caller (who seemed to snore, rather than talk, on the other end of the phone) as ‘one of those crackers’. The Authority did not uphold a complaint alleging that the term ‘cracker’ was a racial slur which discriminated against white people and/or poor white people. The host did not appear to use the term in the way alleged by the complainant, but rather as a light-hearted reference to the caller’s state of mind, and could not be said to have encouraged discrimination against, or denigration of, white people and/or poor white people in this context.

Not Upheld: Discrimination and Denigration 

Boyce and MediaWorks TV Ltd - 2015-103 (14 April 2016)

Two episodes of Story featured items about self-described ‘professional political campaigner’ Simon Lusk. In the first item, presenter Duncan Garner was shown hunting with Mr Lusk, and Mr Lusk apparently shot two deer. Excerpts of political figures being interviewed about their involvement with Mr Lusk, and of Mr Lusk discussing such involvement, were shown throughout the items. The Authority did not uphold a complaint alleging that the items were in breach of multiple broadcasting standards for the way Mr Lusk’s involvement in politics was reported and for featuring footage of deer hunting. The footage of the deer hunting was not so graphic or gratuitous that it would have offended a significant number of viewers, including child viewers. Additionally, nothing in the items was unfair to any individuals, encouraged criminal activity, discussed a controversial issue of public importance, was inaccurate or discriminated against or denigrated any section of the community.

Not Upheld: Good Taste and Decency, Children’s Interests, Fairness, Law and Order, Controversial Issues, Accuracy, Discrimination and Denigration 

Ihaia & IM and MediaWorks Radio Ltd - 2015-074 (10 March 2016)

Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women.

Upheld: Fairness (Action taken), Good Taste and Decency (Action taken), Privacy

Not Upheld: Discrimination and Denigration, Law and Order, Responsible Programming, Controversial Issues, Accuracy  

Orders: Section 13(1)(d) $4,000 compensation to A for breach of privacy; section 13(1)(d) $2,000 compensation to B for breach of privacy; section 16(4) $2,000 costs to the Crown

Green and MediaWorks Radio Ltd - 2015-087 (3 March 2016)

During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem?’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community. Taking into account freedom of expression and the context of talkback radio and this particular broadcast, Mr Plunket’s comments did not reach the high threshold necessary for a finding that the broadcast encouraged discrimination or denigration, nor did they go so far as to breach standards of good taste and decency.

Not Upheld: Discrimination and Denigration, Good Taste and Decency 

Forbes & Lee and UMA Broadcasting Ltd - 2015-058 (1 March 2016)

During Paakiwaha, host Willie Jackson interviewed the Head of News and Current Affairs at Māori Television about the recent resignation of senior staff, among other things. Mihingarangi Forbes and Annabelle Lee, two of the individuals referred to, complained that the interview was unfair, inaccurate and unbalanced. The Authority upheld aspects of the accuracy complaint, as Mr Jackson claimed Ms Forbes leaked information to media (which was also unfair) and declined an invitation to appear on the programme, which was inaccurate. The Authority also found the item was unfair to Ms Forbes, Ms Lee and another former staff member as the discussion reflected negatively on their professional ability and they were not given a timely and relevant opportunity to respond or give comment. The Authority did not uphold the balance complaint as the interview did not discuss a controversial issue of public importance.

Upheld: Accuracy, Fairness

Not Upheld: Controversial Issues

No Order

Campbell and Radio New Zealand Ltd - 2015-091 (1 March 2016)

Storytime featured a series of readings from the Margaret Mahy novel The Catalogue of the Universe. The Authority upheld a complaint that the young adult novel featured content unsuitable for younger listeners and should not have been broadcast during Storytime. The story featured teenage drinking and sexual activity which were not appropriate for child listeners and would not have been within audience expectations of this timeslot, which has long been understood to feature stories aimed at younger children.

Upheld: Responsible Programming

No Order

Doorey and Television New Zealand Ltd - 2015-088 (1 March 2016)

Seven Sharp featured an interview with singer Robbie Williams, during which he referred to his desire to be a naturist and said he had a small ‘cock’. The Authority did not uphold a complaint that this comment was distasteful. The comment was at the low end of the spectrum of sexual material and was not outside audience expectations of Seven Sharp, which is an unclassified current affairs/entertainment programme aimed at adults.

Not Upheld: Good Taste and Decency 

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