BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Wong and World TV Ltd - 2012-031

Ip Man, a well-regarded movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times. The broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times, but it nevertheless declined to uphold the complaint. The Authority upheld the complaint that the inappropriate classification and timeslots meant that the broadcast breached standards relating to responsible programming, children’s interests and violence. The Authority did not, however, uphold the complaint that it breached the good taste and decency, controversial issues, and discrimination and denigration standards: viewers would not have been surprised or offended by the content in the context of a martial arts movie; the movie was not a news, current affairs or factual programme so the controversial issues standard did not apply; the discrimination and denigration standard was not intended to prevent the broadcast of legitimate drama, and the movie did not encourage the denigration of, or discrimination against, a section of the community. The Authority made no order.

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

No Order

Stowe and SKY Network Television Ltd - 2012-025

Prime News used a pre-recorded BBC item reporting on controversial comments by Top Gear television presenter Jeremy Clarkson that striking workers should be shot. A complaint that this breached standards relating to controversial issues, accuracy, fairness and responsible programming was not upheld: the focus of the item was the comment made by Mr Clarkson which caused controversy – therefore it was not misleading to omit footage of other comments; the item was a brief snapshot of the response to Mr Clarkson’s comments and did not amount to a discussion of a controversial issue that was of public importance in New Zealand; there is a higher threshold for finding unfairness to a public figure; and viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments.

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

Signer and TVWorks Ltd - 2012-039

In a 3 News report on the trials of the ‘Urewera Four’, the reporter referred to the original Urewera terror raids of 2007 and repeated the incorrect information that “17 people were arrested and initially charged under the Terrorism Suppression Act”. The broadcaster upheld the complaint that this statement was inaccurate because no one had been charged under that Act. It acknowledged that Mr Signer had previously alerted it to this error, and while it had removed the erroneous material from its website some of the material had been overlooked which “caused a repeat of the incorrect statement”. The broadcaster apologised and said it had sent a “strongly worded email” to all 3 News centres around the country. The Authority upheld the complaint that the action taken by the broadcaster was insufficient because the broadcaster should have broadcast a correction at the earliest appropriate opportunity. The Authority made no order.

Upheld: Accuracy (Action Taken)

No Order

Couling and RadioWorks Ltd - 2012-044

A song entitled “Our Love Suicide” by rap artist Tinie Tempah was broadcast during Mid-Mornings with K-Lee on MaiFM at approximately 11.15am. The Authority did not uphold the complaint that this breached the standards relating to good taste and decency and responsible programming: the song lyric “love suicide” was used metaphorically to refer to the ending of a relationship and not in its literal sense, and the song did not promote or glorify suicide.

Not Upheld: Good Taste and Decency, Responsible Programming

Shaxon and TVWorks Ltd - 2012-048

Promos for The Almighty Johnsons, Sons of Anarchy and Terra Nova were broadcast during Dr Phil at approximately 1.30pm. The promos briefly showed images of weapons, including a knife and guns. The Authority did not uphold the complaint that these promos breached standards relating to good taste and decency, children’s interests and violence: the promos did not contain any AO material, they were appropriately classified PGR and screened during Dr Phil which was classified AO, and the broadcaster had exercised sufficient care and discretion in dealing with the issue of violence.

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

Burton and Television New Zealand Ltd - 2012-041

An episode of Two and a Half Men which screened at 7.30pm contained sexual innuendo, including references to transmitting sexual diseases, and showed a naked man with his genitals pixellated. It was not preceded by a warning. The Authority did not uphold the complaint that this breached the good taste and decency and children’s interests standards: the sexual innuendo was inexplicit and sophisticated so it would have gone over the heads of younger viewers, the nudity was pixellated, and the content was consistent with the programme’s PGR rating.

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

Busse and Milner Busse and Television New Zealand Ltd - 2012-038

A One News item report on the Pike River Inquiry quoted a miner’s mother as saying “Jesus Christ” when she heard new evidence that the mine manager had sent emails about a new job minutes after the explosion. The Authority did not uphold the complaint that this breached the good taste and decency, and discrimination and denigration standards: “Jesus Christ” when used as a colloquial expression of shock and dismay did not amount to coarse language and would not offend or distress most viewers; the phrase was a verbatim quote from a miner’s mother in relation to her personal tragedy; as an expression of dismay, it was not an attack against Christians as a section of the community.

Not Upheld: Good Taste and Decency, Discrimination and Denigration

Makea and Television New Zealand Ltd - 2012-028

In a One News report on the Australian Open Tennis Championships, Serena Williams’ performance was described as “almost schizophrenic”. The Authority did not uphold the complaint that this breached the discrimination and denigration and accuracy standards: the term “schizophrenic” was being used colloquially, the comment did not carry any invective or malice and was not used to encourage discrimination against, or denigration of, people with mental illness as a section of the community; the use of the term “schizophrenic” was not a statement of fact – it amounted to commentary and was therefore exempt from the standards of accuracy.

Not Upheld: Accuracy, Discrimination and Denigration

Russell and TVWorks Ltd - 2012-056

An episode of Homeland, a fictional drama series in which the CIA investigates a possible terrorist threat, had a storyline involving Muslims versus a “righteous America”. The Authority did not uphold the complaint that the episode promoted “Islamophobia” and breached the discrimination and denigration standard: the standard was not intended to prevent the broadcast of legitimate drama, and the programme did not encourage the denigration of, or discrimination against, a section of the community.

Not Upheld: Discrimination and Denigration

Family First New Zealand and TVWorks Ltd - 2012-037

A 3 News report on the Government’s asset sales policy included excerpts from interviews with opposition MPs, including Hone Harawira, who used the word “bullshit”. The Authority did not uphold the complaint that this breached the good taste and decency and children’s interests standards: the comment would not have surprised or distressed most viewers in the context of a political story screened during an unclassified news programme targeted at adults.

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

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