BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

All Decisions
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

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

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

Dawson and Radio Bay of Plenty Ltd - 2012-083

Items on 1XX News, broadcast on One-Double-X, reported on repeat complaints about campaign overspending by the successful candidate in the 2010 Whakatane local body elections and stated: “Detective Inspector [name] says the Independent Police Conduct Authority determined [the police] investigation was thorough and followed correct procedure. The Ombudsman backed this up.” The Authority did not uphold the complaint that this breached the controversial issues and accuracy standards: the focus of the item was the repeat complaints and not the adequacy or otherwise of the police investigation into overspending and the brief news updates did not amount to a discussion of a controversial issue of public importance; the statement was not a material point of fact but was clearly attributed to the detective inspector and reflected the contents of the police press release, and the distinction between “thorough” and “adequate” was not material.

Not Upheld: Controversial Issues, Accuracy

Swadling and TVWorks Ltd - 2012-062

The first episode of The GC, a reality television series following a group of young Māori living on the Gold Coast in Australia, was broadcast on TV3. The Authority did not uphold the complaint that the programme breached the law and order and children’s interests standards: participants were of legal age to drink and were not shown drinking excessively, and it did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity; it was correctly rated PGR and the classification was sufficient to advise parental supervision so no additional warning was required – the sexual references were sufficiently inexplicit, the programme would not have disturbed or alarmed child viewers and the content did not warrant a higher classification of Adults Only.

Not Upheld: Law and Order, Children’s Interests

O'Neill and TVWorks Ltd - 2012-077

An item on 3 News reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic. It included an interview with the victim’s former employer, and the interviewee and reporter both used the term “nutters”.  The Authority did not uphold the complaint that this breached standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming: the term “nutters” was used to refer to a person who is dangerous and deranged, and was not intended to comment on people with mental illness; the item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community, and given the contextual factors viewers would have understood the intended meaning of “nutters”.

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

Young and TVWorks Ltd - 2012-085

An episode of the cartoon comedy South Park was broadcast on FOUR at 9.30pm. It depicted Queen Elizabeth II committing suicide, following a botched terrorism attempt; the episode was rated Adults Only (AO) and was preceded by a visual and verbal warning. The Authority did not uphold the complaint that the episode breached the good taste and decency standard: the episode used parody and satire to comment on politics, and freedom of expression includes the right to satirise public figures; and the content was acceptable during an AO programme screened at 9.30pm.

Not Upheld: Good Taste and Decency

McQueen and TVWorks Ltd - 2012-068

An item on Campbell Live, broadcast on TV3, reported on voluntary euthanasia in the context of New Zealand law. The item included interviews with two strong advocates of euthanasia. Taking into account the focus of the item and the nature of issue, the Authority did not uphold the complaint that it breached the controversial issues standard: euthanasia is a controversial issue of public importance, and the item did not purport to discuss all the arguments for and against euthanasia but was presented from the perspective of one of the advocates. Euthanasia is a long-running moral issue with an ongoing period of current interest, and alternative viewpoints were adequately included.

Not Upheld: Controversial Issues

Agostino and TVWorks Ltd - 2012-084

An item on TV3’s 60 Minutes told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 and turned himself in to police 24 years later. It included very brief footage of the front porch of the complainant’s house and incorrectly implied that this was where the murder had taken place. The Authority did not uphold the complaint that the item breached standards relating to the privacy, accuracy, fairness, and responsible programming standards: the complainant was not identifiable through the footage of her house; while the footage and the implication that the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item, so viewers would not have been misled in any significant respect; the complainant did not take part and was not referred to in the item; and the responsible programming standard was not applicable.

Not Upheld: Privacy, Accuracy, Fairness, Responsible Programming

Trussell and Radio New Zealand Ltd - 2012-075

During a segment called “Ideas” on Sunday Morning with Chris Laidlaw, broadcast on Radio New Zealand National, the host interviewed a professor about his creative writing course and about writers and the writing community in general; the professor made comments about a “generation” of New Zealand poets, including A.R.D Fairburn and Denis Glover. The Authority did not uphold the complaint  that the programme breached the controversial issues, accuracy and fairness standards: the comments did not form part of a “factual programme”, so the controversial issues standard did not apply; this episode of “Ideas” was not “factual programming” to which the accuracy standard applied, and in any event the professor’s comments amounted to his personal opinion and were therefore exempt from standards of accuracy; and the fairness standard only applies to individuals and organisations – it does not apply to people who are deceased, or to a “generation of poets”.

Not Upheld: Controversial Issues, Accuracy, Fairness