BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Cumin and The Radio Network Ltd - 2014-098

During KPMG Early Edition, the host read out an opinion piece criticising Israel’s actions in the Israel-Hamas conflict. She referred to a recent bombing of a UN school which ‘killed everyone inside’. The Authority upheld the complaint that this was inaccurate, as in fact 16 out of 3,300 people sheltering in the school were killed. It did not uphold the complaint other statements were inaccurate, as they were clearly the host’s opinion. The Authority did not make any order, as publication of this decision is sufficient to correct the error.

Upheld: Accuracy

No Order

Insley and Television New Zealand Ltd - 2014-114

A Seven Sharp item discussed the release of Nicky Hager’s book Dirty Politics and included an interview with Mr Hager. The Authority did not uphold the complaint that the Seven Sharp host was biased and treated Mr Hager unfairly. The host’s comments were clearly his opinion, and Mr Hager was given a fair and reasonable opportunity to put forward his position.

Not Upheld: Controversial Issues, Accuracy, Fairness

Ironside and MediaWorks TV Ltd - 2014-113

The host of The Paul Henry Show used the words ‘Jesus’ and ‘Jesus Christ’ several times to express frustration. The Authority did not uphold the complaint that this was unacceptable.

Not Upheld: Good Taste and Decency

Taranaki Regional Council and Radio New Zealand Ltd - 2014-013

Morning Report looked at the Taranaki Regional Council’s ‘landfarming’ policy and contained an interview with a Council representative. The Authority did not uphold the complaint that the broadcast was misleading, unfair and unbalanced. The report was an accurate and fair reflection of what the representative told the reporter in the interview, and it is legitimate and important in our free and democratic society to challenge and criticise public bodies on matters of strong public interest.

Not Upheld: Accuracy, Fairness, Controversial Issues

Easte and MediaWorks TV Ltd - 2014-093

The host of The Paul Henry Show and a TV3 reporter briefly discussed the future of Auckland’s Wynyard Quarter tram service, in a new segment titled ‘Council Watch’, and summarised the cost of the project to rate-payers. The Authority did not uphold the complaint that the segment was one-sided and misled viewers about the reason the trams were not currently operating. It is legitimate and important for the expenditure of public money to be scrutinized and subject to robust criticism, and the focus of the item was the cost of the project; other reasons why the tram service was not running were peripheral to that focus, so viewers would not have been misled by omitting reference to those reasons.

Not Upheld: Controversial Issues, Accuracy, Fairness, Responsible Programming

Kumar and The Radio Network Ltd - 2014-117

An election advertisement for the National Party referred to ‘Labour, The Greens and Dotcom’ wanting to spend ‘more than 30 billion dollars’. The Authority did not uphold the complaint that the reference to ‘Dotcom’ was misleading because there was no ‘Dotcom Party’, and that the figure of 30 billion dollars was inaccurate. The advertisement did not explicitly refer to any ‘Dotcom Party’, Kim Dotcom has been a prominent figure in the election, and most listeners would have understood it to be a reference to the Internet Party, and that political party advertising is broadcast in the context of a robust political arena in the lead-up to a general election. The reference to other parties’ policy costs was analysis and interpretation by the National Party, and acceptable in this context.

Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Discrimination and Denigration), Denigration, Misleading Programmes

O'Shaughnessy and MediaWorks TV Ltd - 2014-086

During The Paul Henry Show, Mr Henry read out a fan’s letter about her ‘lactating boobies’ and made sexually suggestive remarks about her. Later, he used the word ‘fucked’, and during a live cross a woman burst in front of the camera and said, ‘West side, fuck her in the pussy’. The Authority did not uphold the complaint that these comments were unsuitable for broadcast. Taking into account relevant contextual factors, including the broadcaster’s limited control over live content, the material did not reach the high threshold necessary to breach standards of good taste and decency.

Not Upheld: Good Taste and Decency, Responsible Programming 

TD and MediaWorks TV Ltd - 2014-048

An item on 3rd Degree reported on the ‘turf war’ between two business owners in New Zealand’s adult entertainment industry. The item included footage of the complainant working in a strip club, serving drinks and talking to customers. The Authority upheld her complaint that this breached her privacy, as she had not consented to appearing in the programme.

Upheld: Privacy

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

Popa and MediaWorks TV Ltd - 2014-095

Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond.

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

Appleby and MediaWorks TV Ltd - 2014-097

A 3 News item reported on the Labour Party’s election year conference, including details of the party’s education policy. The reporter referred to David Cunliffe ‘handing out an election year bribe’. The Authority did not uphold the complaint that this was unfair. Political parties should expect their policies will be subject to commentary and scrutiny, particularly leading up to a general election, and it is not uncommon to refer to election ‘bribes’ in political reporting.

Not Upheld: Fairness

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