BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
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

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

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

Henderson and TVWorks Ltd - 2012-096

An item on Nightline that followed up an earlier report on a “strip club turf war” in Wellington contained brief footage of a woman who was wearing a G-string dancing erotically on a pole. The Authority did not uphold the complaint that this breached the good taste and decency standard: the footage was very brief and had some relevance to the subject matter, the programme was broadcast more than two hours after the Adults Only watershed, and the majority of viewers would not have been offended in this context.

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

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

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

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

Leitch and Television New Zealand Ltd and TVWorks Ltd - 2012-104

Three news items on One News Tonight and 3 News that covered the debate around legalising “gay marriage” used the word “gay” numerous times to mean “homosexual”. The Authority declined to determine complaints that the items breached the accuracy standard: the Authority has previously declined to determine an identical complaint from this complainant on the ground that it was frivolous and trivial.

Declined to Determine: Accuracy

Beckett and Radio New Zealand Ltd - 2012-094

During Nine to Noon on Radio New Zealand National, the host interviewed the chair of the Productivity Commission about the Commission’s recent report to Government on housing affordability. The introduction by the interviewer included the comment, “with section prices actually falling in some of the city’s outlying areas”. The Authority did not uphold the complaint that this comment was inaccurate: the host’s brief comment in the introduction was not a material point of fact in the context of the interview and would not have materially altered listeners’ understanding of the issues discussed.

Not Upheld: Accuracy

Sperry and Television New Zealand Ltd - 2012-076

A One News item reported on a recent study by the University of Otago into the effects of 1080 poison on native robins. The Authority did not uphold the complaint that this breached standards relating to controversial issues, accuracy, fairness and responsible programming. The use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance which has been the subject of ongoing debate, and the item contributed a new development in the debate; viewers could reasonably be expected to be aware of arguments on both sides of the debate, and the programme presented significant viewpoints to an extent that was appropriate given the nature of the issue. The allegedly inaccurate statements were not material to the focus of the item and would not have materially altered viewers’ understanding of the broadcast, and the broadcaster made reasonable efforts to ensure that the item was accurate and did not mislead by interviewing the Professor who conducted the study.

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

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