BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Golden and Television New Zealand Ltd - 2012-115

In a One News sports item reporting that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test so Valerie Adams would get her gold medal, the sports reporter joked to the other One News presenters, “If it hasn’t been melted down by a goldsmith in Minsk as we speak.” One of the presenters responded, “Yes, or reclaimed by that crazy president they’ve got”. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming: the sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective.

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

Golden and Radio New Zealand Ltd - 2012-093

A news item on Checkpoint allegedly contained certain comments from Radio New Zealand’s economics reporter. The Authority declined to determine the complaint that these comments breached the accuracy, fairness and responsible programming standards: the comments identified by the complainant did not match the broadcast time and date specified and the Authority was therefore unable to assess broadcasting standards against those comments.

Declined to Determine: Accuracy, Fairness, Responsible Programming

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

Bhatnagar and RadioWorks Ltd - 2012-045

When the hosts of the Willie and JT Show were discussing an industrial dispute at the Ports of Auckland, one host expressed his support for the striking workers by saying, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action.” The Authority did not uphold the complaint that these comments breached the law and order and responsible programming standards: the comments amounted to the host’s vehemently expressed opinion and listeners would not have taken them seriously; the broadcast did not encourage listeners to engage in unlawful activity, taking into account the host’s later retractions and other contextual factors; and upholding a complaint about high value protest speech like this would unjustifiably restrict freedom of expression. The complaint about responsible programming was subsumed into consideration of law and order.

Not Upheld: Law and Order, Responsible Programming

Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050

An item on Close Up, a current affairs programme broadcast on TV One, reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement. The item profiled an ex-congregation member, X, who claimed she had made substantial donations to the church which left her in a position of financial hardship. The item contained hidden camera footage of a Bishop and Pastor preaching to a large audience about tithes and donations. The Authority did not uphold complaints that the item breached standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming. Though X was identifiable and the item disclosed private facts about her, she was a willing participant and there was insufficient evidence to show she had withdrawn her consent to the broadcast. The Bishop and the Pastor were identifiable in the hidden camera footage but they did not have an interest in seclusion in a church service that was open and accessible to the general public; in any event the public interest defence applied. The item was clearly framed as X’s opinion and included opinions from members in support of the church. UCKG was provided with a fair and reasonable opportunity to comment and its statement was adequately summarised in the item. The item did not amount to a “discussion” of a controversial issue, and in any event the broadcaster made reasonable efforts, and gave reasonable opportunities, to present significant viewpoints. The comments did not carry the level of invective necessary to encourage discrimination against, or the denigration of, any section of the community. 

Not Upheld: Privacy, Controversial Issues, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming

Ambanpola and RadioWorks Ltd - 2012-098

In a segment called “The Olympic Athletes Hall of Names” on the Jay-Jay, Mike and Dom Show, broadcast on The Edge, the hosts joked about the names of athletes, including athletes from China, South Korea and Australia. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, discrimination and denigration, and responsible programming: the comments were a light-hearted attempt at humour and the focus was on the athletes’ names, not their nationalities; the comments did not carry any invective or encourage discrimination against, or the denigration of, any section of the community; and they were not socially irresponsible.

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

Seymour and Television New Zealand Ltd - 2012-082

An item on One News included the results of a Colmar Brunton poll on the percentage of party votes for major political parties. The results allegedly did not take account of “undecided voters”. The Authority did not uphold the complaint that this breached the accuracy standard: the omission of undecided voters was not material given the focus and context of the item which was the decline in the level of support for the National Party, so viewers would not have been misled in any significant respect, and the potential harm in terms of impact on voter participation was not significant given the length of time until the next general election.

Not Upheld: Accuracy

McDonald and Television New Zealand Ltd - 2012-100

The complainant alleged that four items on TVNZ News and Close Up breached standards relating to accuracy or law and order. These included footage of a reporter walking backwards which was considered to be dangerous; a reference to a reference to a wildfire covering “an area of around 15,000 rugby fields”; a comment about “letting loose” in a car that could reach speeds of 130 miles per hour; and a comment about the size of hen cages being “4cm more than conventional cages”.
The Authority declined to determine the complaints on the basis they were frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989.

Declined to Determine: Law and Order, Accuracy

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