BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Coffey and Radio New Zealand Ltd - 2014-152

A participant on ‘The Panel’ during Afternoons with Jim Mora made comments about men wolf whistling at women, such as ‘bring back the wolf whistle’, ‘a whistle is not harassment’, ‘a lot of women are the ones that haven’t been whistled at, that have got a problem with it’ and ‘we are the peacocks, you guys are the ones that look at us’. The Authority did not uphold a complaint that the broadcast condoned and encouraged sexual harassment of women, as the panellist’s comments were clearly her own opinion and did not reach the level of offensiveness required to find a breach of the relevant standards.

Not Upheld: Discrimination and Denigration, Good Taste and Decency, Law and Order

O'Connor and Television New Zealand Ltd - 2014-139

The election coverage programme Vote 2014 included footage of Te Ururoa Flavell speaking to Māori Party supporters in te reo Māori. One of the presenters said, ‘[O]bviously as he’s speaking in Māori, in te reo, and the vast majority of us aren’t going to understand that… let’s go back to David Cunliffe…’ and the broadcast crossed to Mr Cunliffe’s speech. The Authority declined to uphold a complaint that the comment was racist and unfair. Although the comment was disrespectful and dismissive of the fact that te reo Māori is an official language of New Zealand, it did not reach the high threshold necessary to encourage discrimination or denigration, and was not unfair to Mr Flavell, especially in the context of an important political event.

Not Upheld: Discrimination and Denigration, Fairness

Gray and Television New Zealand Ltd - 2014-137

A promo for Embarrassing Bodies Downunder broadcast at 7.15pm during Shortland Street contained a brief reference to the effect of pineapple on the taste of semen. The Authority did not uphold the complaint that the sexual references in the promo were inappropriate for broadcast in this timeslot. The reference to oral sex was inexplicit, would not likely have been understood by most younger viewers and did not exceed expectations of the regular audience of the host programme, which frequently contains mature themes.

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

Feral and MediaWorks TV Ltd and Television New Zealand Ltd - 2014-143

The Authority declined to uphold complaints that three broadcasts showing fishing and hunting were barbaric and cruel. As the Authority has noted in previous decisions on similar complaints from the complainant, killing and preparing animals to eat is a fact of life and her concerns are based primarily on personal lifestyle preferences, not broadcasting standards issues.

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

Butler and Māori Television Service - 2014-091

Native Affairs broadcast an item entitled ‘What Lies Beneath’, which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford’s conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly.

Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and Denigration

Sampurno and MediaWorks TV Ltd - 2014-148

An item on 3 News reported details of John Key’s meeting with the Indonesian president. The newsreader discussed terrorism in Indonesia and referred to Indonesia as ‘the biggest Muslim country in the world’. The Authority did not uphold a complaint that this statement was inaccurate, finding that viewers would have understood the intended meaning that the majority of Indonesians are followers of Muslim faith. The Authority also declined to uphold the complaint that the discussion of terrorism in Indonesia denigrated Muslims and/or Indonesians, as it was factual and did not carry any invective.

Not Upheld: Accuracy, Discrimination and Denigration

Harkema and TVWorks Ltd - 2012-042

Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy.

Upheld: Fairness, Accuracy, Privacy

Not Upheld: Law and Order

Orders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainant

Noble and Television New Zealand Ltd - 2014-030

Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number ‘1’ on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order.

Upheld: Fairness (Action Taken), Privacy (Action Taken), Fairness

Not Upheld: Privacy, Accuracy, Controversial Issues, Discrimination and Denigration, Responsible Programming, Good Taste and Decency

No Order

CE and Television New Zealand Ltd - 2014-120

My Kitchen Rules showed the contestants shopping at a Countdown supermarket in Christchurch, in which the complainant was briefly visible in the background. The Authority declined to uphold the complaint that the footage of the complainant breached her privacy. The footage was extremely fleeting and she would have been identifiable to only a very limited group of people, paying close attention to the footage. The complainant’s whereabouts were not a private fact because she had voluntarily disclosed this on social and professional networking sites and this information, along with her employment at the Countdown store, were disclosed in a press release.

Not Upheld: Privacy 

Waddington and SKY Network Television Ltd - 2014-140

An episode of The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome as a lead suspect in a murder. The Authority did not uphold the complaint that the broadcast denigrated people with Asperger Syndrome. The programme legitimately employed dramatic licence to develop this fictional character, and the character was not intended as a comment on, or a reflection of, all people with Asperger Syndrome.

Not Upheld: Discrimination and Denigration, Accuracy, Fairness

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