BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
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

O'Neill and Television New Zealand Ltd - 2015-072 (1 December 2015)

A ONE News item reported on four investigations by British police into historical child sex abuse allegations against former UK Prime Minister Sir Edward Heath. The reporter said, ‘Information from these inquiries will be fed into a wider inspection that’s being run by New Zealander Justice Lowell Goddard’. The Authority did not uphold a complaint that referring to Lowell Goddard as ‘Justice’ was inaccurate. The use of the title was not a material point of fact to which the accuracy standard applied.

Not Upheld: Accuracy 

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 

Carter and Television New Zealand Ltd - 2015-070 (1 December 2015)

During her ‘final word’ segment on Seven Sharp presenter Toni Street discussed her support for arming front-line police officers with tasers and mentioned the recent murder of Blessie Gotingco. The Authority did not uphold a complaint that her comments were inaccurate and misleading. Ms Street’s comments were clearly opinion which were exempt from standards of accuracy; she did not connect the use of tasers to Blessie Gotingco’s murder; and she did not make any statements of fact that were inaccurate or would have misled viewers.

Not Upheld: Accuracy

Woods and MediaWorks TV Ltd - 2015-062 (1 December 2015)

A 3 News item reported on Labour Party leader Andrew Little’s response to questions about his party’s use of data allegedly showing the percentage of offshore Chinese home-buyers in Auckland. The Authority did not uphold a complaint that the item lacked balance because it was dominated by the political editor’s point of view. The item included balancing comment from both Mr Little and Labour Housing Spokesman Phil Twyford and it would have been clear to viewers that the political editor was giving his own robust commentary and analysis of the issue.

Not Upheld: Controversial Issues 

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 

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

NS and SKY Network Television Ltd - 2015-032

A story on 60 Minutes featured tragic driveway accidents involving children. Part of the story focused on the death of an 18-month-old boy, and the subsequent struggles of his mother. The mother also discussed her other son, S, and photos and footage were shown of him. The Authority upheld a complaint from S’s father that the programmes breached S’s privacy. S was identifiable by name and image, he was linked with details of his mother’s drug addiction and prostitution which constituted private facts and this disclosure was highly offensive. In the circumstances the broadcaster’s primary concern ought to have been the best interests of the child, regardless of any consent obtained. The Authority recognised the value and public interest in the story but this was outweighed by the need to protect the child.

Upheld: Privacy

Order: Section 13(1)(d) $1,500 compensation for breach of privacy

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

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