BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Redback Develop Ltd and Māori Television Service - 2013-070

An item on Native Affairs, entitled ‘Bones of Contention’, reported on the discovery of ‘kōiwi’ (human remains) at a development site in Devonport, and apparent tensions between iwi and the owner and developer of the site, Redback Develop Ltd. The Authority did not uphold the complaint from Redback that the item contained inaccurate information about the development and the discovery of kōiwi, and that some guests who took part in a panel discussion made misleading comments. The broadcaster treated Redback fairly and made reasonable efforts to put forward Redback’s position, by inviting onto the programme the individual who it had been referred to as the appropriate person to comment.

Not Upheld: Accuracy, Fairness, Controversial Issues

Young and Radio New Zealand Ltd - 2014-005

A Radio New Zealand news bulletin reported on a sod turning ceremony marking the start of the upgrade of the Hagley Oval in Christchurch. The Authority did not uphold the complaint that the item made inadequate mention of the widespread opposition to the upgrade, saying only that it had been challenged by ‘some nearby residents’. The item acknowledged the upgrade was controversial, and the nature and scale of the opposition was not material to the focus of the brief news item, so listeners would not have been misled.

Not Upheld: Controversial Issues, Accuracy, Fairness

Hashimoto and Radio New Zealand Ltd - 2014-010

During a discussion on Summer Noelle about current events in Japan, a foreign correspondent commented that whale meat in Japan was ‘quite cheap’, and that the Senkaku Islands were ‘fairly meaningless’. The Authority did not uphold the complaint that these comments were inaccurate, as they were clearly the personal opinions and analysis of the correspondent.

Not Upheld: Accuracy

Heinz and TVWorks Ltd - 2014-024

An item on Campbell Live included brief footage of a person starting a lawn mower without the rear grass flap on. The Authority declined to determine the complaint that this breached standards of law and order, on the basis it was frivolous and trivial. The footage was extremely brief and part of a light-hearted story in an unclassified current affairs programme targeted at adults, so it could not be said to have encouraged or condoned criminal activity.

Declined to Determine: Law and Order

Jenkinson and Johnson and TVWorks Ltd - 2014-006

During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair.

Not Upheld: Good Taste and Decency, Controversial Issues, Fairness, Accuracy, Discrimination and Denigration

McDonald and Television New Zealand Ltd - 2014-004

The complainant alleged that four programmes broadcast by TVNZ breached the accuracy standard. These included references to the ‘top prize’ on Lotto Big Wednesday; a ‘no junk mail’ sign in a Seven Sharp item; references to the area affected by a snow storm in the United States; and news items about Fonterra. The Authority declined to determine all four complaints on the basis they were frivolous, trivial and vexatious. Viewers would not have been misled, and Mr McDonald continues to refer similar complaints to the Authority despite its previous decisions.

Declined to Determine: Accuracy

Schwabe and Radio New Zealand Ltd - 2014-011

During Arts on Sunday an audio clip from a movie being reviewed was broadcast, in which a character from the movie said ‘frigging’. The Authority declined to uphold the complaint that this low level language breached standards of good taste and decency. It was fleeting and innocuous and broadcast as part of a movie review targeted at adults.

Not Upheld: Good Taste and Decency

Clark and The Radio Network Ltd - 2014-018

The hosts of the Dave and Guy Show on Classic Hits encouraged callers to phone in with stories about dealing with unwanted visitors at the front door. One caller joked that he had answered the door ‘stark naked’, surprised that the ‘god botherers’ were an elderly lady and a 16-year-old girl. The Authority did not uphold the complaint that the caller’s comments about ‘indecent exposure’ breached standards. This was clearly intended to be a joke and most listeners would not have been offended taking into account the station’s and the programme’s target audience.

Not Upheld: Good Taste and Decency

Williams and The Radio Network Ltd - 2014-019

The hosts of the Jay, Flynny and Zoe Marshall Show made comments that Chihuahuas look like ‘ball bags’ and ‘a scrotum with four legs’. The Authority did not uphold the complaint that these comments breached standards of good taste and decency. They were clearly intended to be humorous, and while children could have been listening at 3.25pm, they would not have offended most listeners taking into account relevant contextual factors, including the station’s target audience and the expectations of regular listeners.

Not Upheld: Good Taste and Decency

Dr Z and Television New Zealand Ltd - 2012-074

A Close Up item focused on a New Zealand doctor who was offering an experimental stem cell treatment to people with Multiple Sclerosis. Hidden camera footage was obtained by a patient, and parts of it were broadcast in the story. The Authority upheld the complaint from the doctor that he was treated unfairly and his privacy was breached. The doctor was not given a fair opportunity to comment for the programme, his privacy was invaded through the use of a hidden camera, and, as the raw footage from the consultation was unavailable, the broadcaster could not demonstrate that the level of public interest in the footage outweighed the breach of privacy.

Upheld: Fairness, Privacy
Not Upheld: Controversial Issues

Orders: Section 16(1) – legal costs to the complainant $5,500

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