BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

All Decisions
Lawler and Radio New Zealand Ltd - 2013-068

A presenter on Radio New Zealand Concert introduced a piece of music, saying the composer was ‘considered to be a degenerate in Germany because of his Jewish origins’. The Authority did not uphold the complaint that the announcer’s comment was in bad taste and denigrated Jewish people. The comment was simply a factual statement giving context to the composer’s work, and was a reference to how he was viewed by the Nazis, not an expression of the presenter’s personal opinion.

Not Upheld: Good Taste and Decency, Discrimination and Denigration

Craig and 4 Others and Television New Zealand Ltd - 2013-034

In two items broadcast a week apart on Seven Sharp, the presenters made comments about the leader of the Conservative Party, Colin Craig, relating to his opposition to the Marriage (Definition) Amendment Bill. The Authority did not uphold the complaints relating to the first broadcast, as it was balanced and was not unfair to Colin Craig. However, the second broadcast, which was a satirical piece, went too far and amounted to a personal attack on Colin Craig which was unfair. The Authority ordered the broadcast of a statement including an apology to Colin Craig, and $1,500 costs to the Crown.

Upheld: Fairness

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

Orders: Broadcast statement, $1,500 costs to Crown

McMillan and Television New Zealand Ltd - 2013-025

An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact. A majority of the Authority was satisfied that the item did not breach the balance standard, finding that the nature of the programme and the topic meant that viewers would have interpreted the predictions with some scepticism and would be aware of different positions in the debate about climate change. The minority felt, however, that the broadcaster made no effort to present significant alternative points of view in an item which discussed a highly controversial issue.

Not Upheld: Accuracy, Responsible Programming
Not Upheld (by Majority): Controversial Issues

Lee and Korean Society of Christchurch and TVWorks Ltd - 2013-024

An item on 3rd Degree reported on a Korean man X who was ousted from his local church community for his participation in a ‘mockumentary’ about North Korea. The programme included an interview with the editor of a local Korean newspaper (one of the complainants), and attempted to interview a priest from X’s church. The Authority did not uphold complaints that the story was unfair to the interviewees and breached the newspaper editor’s privacy. The programme made genuine attempts to obtain comment from the interviewees, and they were treated fairly. The newspaper editor agreed to an interview so the broadcast did not disclose any private facts about him. The story did not discuss a controversial issue which required the presentation of alternative views; it focused on one man’s personal experiences.

Not Upheld: Privacy, Controversial Issues, Fairness

Holder and TVWorks Ltd - 2013-064

During Predators, a science fiction film about a group of humans hunted by aliens, a male character who was a convicted murderer, commented ‘I’m gonna rape me some fine bitches’ and made references to consuming cocaine. The Authority did not uphold the complaint that the comments glamorised criminal activity and denigrated women. The comments were acceptable taking into account both the external context, including the time of broadcast, AO classification, and pre-broadcast warning for violence and language, as well as the narrative context, including that the film was highly unrealistic, and the development of that particular character who was obviously a ‘baddie’ and despised by the other characters.

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

Stroud and TVWorks Ltd - 2013-044

An episode of Futurama, an animated cartoon series, contained sexual references and innuendo. The episode which was classified G (General) screened on FOUR at 6.30pm. The Authority considered that the sexual content was not suitable for unsupervised child viewers and that the episode was incorrectly classified G when it should have been classified PGR. The broadcaster did not adequately consider children’s interests when incorrectly classifying the episode and screening it in G time

Upheld: Responsible Programming, Children’s Interests

No Order

Vertigans and Television New Zealand Ltd - 2013-045

An episode of Renters showed the inspection of a rental property in circumstances where the tenant was not home. The Authority did not uphold the complaint that the broadcast breached the tenant’s privacy. By the time of this repeat broadcast in June 2013, the tenant had not lived at the property for some years, so she was not identifiable from the broadcast. Nevertheless the Authority expressed concern about the production company’s ‘usual practice’ of only notifying and obtaining consent from the landlord, and not the tenant.

Not Upheld: Privacy

Clark and The Radio Network Ltd - 2013-063

During a segment called ‘The Huddle’ on the Larry Williams Drive Show, involving a discussion about the candidates for the Labour Party leadership, one of the panellists commented that a candidate ‘enjoys being stabbed from behind’. The Authority did not uphold the complaint that the comment was offensive and ‘disgusting’ because it allegedly referred to a gay candidate and amounted to ‘double entendre’. The comment was quick and open to more than one interpretation, and even if double entendre of a sexual nature was intended, this was well within the panellist’s right to free speech, and was permissible in the context of a discussion about a legitimate issue, aimed at an adult target audience.

Not Upheld: Good Taste and Decency

Hutchison and Television New Zealand Ltd - 2013-002

An item on Fair Go reported on a couple's experience with the complainant, a mechanic, and included claims which he was disputing. The Authority did not uphold the complaint that the item was inaccurate and unfair. Though it created a negative impression of the complainant, he was provided with a fair opportunity to comment and his response was fairly presented in the item. The claims were presented as the couple's interpretation and opinion of events, not as points of fact, so viewers would have understood that the claims were one side of the story only and were disputed by the complainant.

Not Upheld: Accuracy, Fairness

Chilcott and Television New Zealand Ltd - 2013-056

An item on One News reported on court proceedings involving the complainant, a professional harness racing trainer and driver. The Authority did not uphold the complaint that two statements in the item were inaccurate and unfair, because they allegedly portrayed her as a ‘drugs cheat’ and were misleading. Taking into account all of the charges and the nature of the offending, the statements would not have misled viewers and did not cause any unwarranted harm to the complainant’s reputation.

Not Upheld: Accuracy, Fairness