BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

All Decisions
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

Right to Life New Zealand and TVWorks Ltd - 2013-062

A 3 News item reported on newly released statistics showing a decline in the number of abortions performed in New Zealand. It included one possible reason why, put forward by the Abortion Law Reform Association of New Zealand. The Authority did not uphold the complaint that the item was unbalanced because it did not also include the ‘pro-life’ perspective on why the rates were declining. While abortion is a controversial issue of public importance, the fact abortion rates have declined is not, and there has not been any significant debate about the reasons for the decrease. The broadcaster was not required to canvass perspectives for and against abortion given the item was a straightforward report on new statistics.

Not Upheld: Controversial Issues

Nixon and RadioWorks Ltd - 2013-065

During a late night talkback programme with a fill-in host, a caller expressed her attitude to the Royal family by reference to what she described as ‘Charles raping Diana’. The host challenged this and asked her what she meant. She spoke about how the Queen ‘devised the “three in the bed” scenario’ and how she felt sorry for Diana. The Authority did not uphold the complaint that the reference to rape was unacceptable and the host should have terminated the call. It appeared the caller did not mean ‘rape’ in the literal sense, the conversation was not unduly offensive in the context of a late night talkback programme, and the host acted responsibly by asking the caller to clarify her point.

Not Upheld: Good Taste and Decency

McCammon and The Radio Network Ltd - 2013-061

The host of talkback programme Canterbury Mornings expressed the view that parking wardens in Christchurch were ‘scum’ for ticketing people in the central city, after everything they had been through with the earthquakes. The Authority did not uphold the complaint that the host’s comments were unacceptable, irresponsible and denigrated parking wardens. The comments related to a legitimate issue and were well within the host’s right to free speech, especially given that talkback radio is recognised as a robust and opinionated environment. A caller also challenged the host, so listeners were given a countering perspective.

Not Upheld: Good Taste and Decency, Discrimination and Denigration, Responsible Programming

Hastie and The Radio Network Ltd - 2013-060

The hosts of the Jase and Dave Drive Show on Classic Hits joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through. The Authority did not uphold the complaint that the use of sexual innuendo was inappropriate for broadcast. No coarse language was used and inexplicit sexual innuendo is permissible during children’s listening times. The host also indicated the topic may be unsuitable for younger listeners, giving parents and caregivers an opportunity to exercise discretion.

Not Upheld: Good Taste and Decency, Responsible Programming

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

Henderson and Television New Zealand Ltd - 2013-053

During two items on One News the presenters used the term "anti-gay" to refer to people who opposed same-sex marriage. The complainant argued that the term was misleading and offensive and denigrated people who opposed same-sex marriage. The Authority considered the use of the term "anti-gay" was sloppy, and incorrect when taken in isolation, but it was corrected by the context of the items, which were obviously discussing gay marriage. The term did not encourage discrimination or denigration against people opposed to same-sex marriage, and viewers would not have been deceived by the use of the term.

Not Upheld: Accuracy, Discrimination and Denigration, Responsible Programming

Pompallier Catholic College and Television New Zealand Ltd - 2012-122

Close Up reported on comments made by the Principal of Pompallier Catholic College in a school newsletter, objecting to gay marriage. The item claimed that the Principal suspended a teacher, who was interviewed by Close Up, and that students who opposed the comments were "threatened". A news ticker on Breakfast the following morning echoed the claims. The school argued the programmes were misleading and unfair, because the teacher was suspended for reasons other than his objection to the Principal's views, and no students were threatened. The Authority found that Close Up did not fairly present the reasons for the suspension, which created an unfairly negative impression of the Principal and the College, who were not given a fair chance to comment. It said the item should have couched the "threats" as allegations or the students' views, rather than unequivocal statements of fact. The Breakfast ticker was not material in the context of the programme.

Upheld: Accuracy, Fairness

No Order

Malone and Television New Zealand Ltd - 2013-054

An episode of The Carrie Diaries, an American teen drama series, was screened on TV2 at 3pm on a Sunday and contained sexual references and innuendo. The complainant argued it was inappropriate for broadcast during children's viewing times. The Authority considered the programme was correctly classified PGR and broadcast in an appropriate timeslot, and noted it was preceded by a specific warning for sexual content. It found the depiction of sexual content was inexplicit and discreet and would not have offended or distressed most viewers, including supervised children.

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

Faidley and Television New Zealand Ltd - 2013-052

One News reported that 65 police officers had failed their Physical Competency Test (PCT) and that police management were reluctant to discuss the matter. The complainant argued that the item was misleading as it did not indicate what proportion of officers had failed the test, and that the item and footage of someone eating pizza were unfair to, and denigrated, police by portraying them as "fat and unfit". The Authority did not think the item was misleading, and noted that the lack of information was because the police were reluctant to comment. It said the shot of a person eating pizza was legitimate to suggest that diet might be a reason why officers were unfit. The police were given a reasonable opportunity to comment on the story and their response was included.

Not Upheld: Accuracy, Fairness, Discrimination and Denigration, Responsible Programming