BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Brown and Television New Zealand Ltd - 2012-119

A promo for Beyond the Darklands, a TV One series in which a clinical psychologist profiled notorious New Zealand criminals, included comments about the death of a toddler. The Authority did not uphold the complaint that the promo breached the good taste and decency and responsible programming standards: while the subject matter of the upcoming episode was distressing, details of the abuse had been widely reported in the media, the promo was correctly classified PGR and screened during an appropriate host programme (The Force, a reality TV series about the work of police), and the promo itself was reserved and respectful.

Not Upheld: Good Taste and Decency, Responsible Programming

Baxter and Television New Zealand Ltd - 2012-117

A One News item allegedly contained comments that were inconsistent with a BBC report that quoted the United States Attorney General as saying New Zealand had opened its ports to US war ships. The Authority declined to determine the complaint that the comments breached the accuracy standard: the broadcaster was unable to identify a relevant broadcast which corresponded directly with the time and date specified in the referral, and in any case the complainant's concerns were matters of personal preference and editorial discretion.

Declined to Determine: Accuracy

Dawson and Radio Bay of Plenty Ltd - 2012-116

A news item on 1XX News contained a summary of a BSA decision declining to uphold a complaint made by the complainant. The Authority did not uphold the complaint that the summary breached the accuracy and balance standards: the item gave a fair summary of the Authority's findings and was not inaccurate or misleading, the brief news report did not amount to a discussion and the Authority's decision was not a controversial issue.

Not Upheld: Controversial Issues, Accuracy

FS and Television New Zealand Ltd - 2012-036

A re-broadcast of an episode of the reality TV series The Inspectors showed an Environmental Health Officer carrying out a routine spot check at a Dunedin fish and chip shop and making critical comments about the state of the premises, downgrading it from a ‘B’ to a ‘D’. The inspection took place in 2009 and the programme was first broadcast on TV One in 2010. The complaint was about the latest broadcast in January 2012. The Authority upheld the complaint that this broadcast breached the privacy and fairness standards: the shop owner was identifiable even though his face was pixellated; any consent given was not informed and did not extend to the broadcast of the footage three years after filming; there was a high level of public interest in the footage at the time of filming but not three years later; and it was fundamentally unfair to broadcast footage three years after filming – the disclaimer at the start of the programme was not sufficient to mitigate the unfairness in this respect.

The Authority did not uphold the complaint that the programme breached the accuracy standard as it did not contain any material inaccuracies. The Authority made no order.

Upheld: Privacy, Fairness
Not Upheld: Accuracy

No Order

CP and TVWorks Ltd - 2012-069

An episode of Target featured hidden camera footage of employees from three different electrical companies working in the Target house. The companies were each given a score out of ten for their employees’ performance. The Authority upheld the complaint that the programme breached the privacy standard: the complainant was identifiable, he had an interest in seclusion in the Target house, the broadcast of the hidden camera footage was an offensive intrusion in the nature of prying, the complainant did not give his informed consent to the broadcast, and there was insufficient public interest in the footage to justify the breach of privacy. The Authority made no order.

Upheld: Privacy

No Order

Ridley-Smith and Radio New Zealand Ltd - 2012-102

A news item on Radio New Zealand National about the French and Greek elections reported that “the polls have opened in Greece for parliamentary elections seen as a referendum on the country’s harsh austerity measures”. The Authority first determined that it had jurisdiction to accept the complaint. It did not uphold the complaint that the item breached the controversial issues, accuracy and fairness standards: the use of the word “harsh” did not require the presentation of alternative viewpoints; the word was not a material point of fact and would not have misled viewers; “harsh” was intended to mean strict or stringent and was not pejorative in this context; upholding the accuracy complaint would unreasonably restrict the broadcaster’s right to freedom of expression; and the fairness standard only applies to individuals.

Not Upheld: Controversial Issues, Accuracy, Fairness

Fergusson and Television New Zealand Ltd - 2012-099

A One News item reported on the continuing debate over who owns New Zealand water, as part of the wider discussion about the Government’s proposal to sell state-owned enterprises (SOEs), and contained the graphic of a sign: “For Sale, NZ SOEs”. The Authority did not uphold the complaint that this breached the accuracy standard: the graphic was not a “material point of fact”, and given the extensive coverage of the Government’s proposed partial asset sales, viewers would not have been misled.

Not Upheld: Accuracy

Clancy and Television New Zealand Ltd - 2012-086

During a segment on Breakfast, a guest presenter introduced a web video of a children’s television presenter with the comment, “What happens when you put a man like that through Auto-tune? Suddenly there’s LSD in the water!” The Authority did not uphold the complaint that this breached the law and order, responsible programming, and children’s interests standards: the presenter’s comment was brief and light-hearted and viewers would not have been encouraged to break the law; Breakfast is an unclassified news and current affairs programme and the comment would not have distressed or alarmed viewers; the comment was silly and oblique – children would not have appreciated its meaning and would not have been encouraged to take LSD.

Not Upheld: Law and Order, Responsible Programming, Children’s Interests

de Villiers and Television New Zealand Ltd - 2012-108

In a segment on Police Ten 7 profiling an aggravated robbery of a bar, a wanted offender was described as “possibly Māori but pale skinned” and “possibly Māori, [with a] light complexion”. The Authority did not uphold the complaint that this breached the discrimination and denigration standard since it did not encourage the denigration of, or discrimination against, Māori as a section of the community.

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

Goldring and Television New Zealand Ltd - 2012-114

A Close Up item reported on the sentencing of a man convicted of shooting another man in a hunting accident. During a visual reconstruction of a hunting trip, a gun was shown pointing towards the camera; the image was brief and out-of-focus and was on screen for approximately two seconds. The Authority did not uphold the complaint that this breached the law and order standard: footage of a gun pointed at the camera, while confronting, did not, when taken in context, encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity.

Not Upheld: Law and Order

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