BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Gardner, Phillips and Smith and TVWorks Ltd - 2012-018

An item on 3 News reported on the alleged practice of women offering sex in exchange for taxi rides. The item consisted primarily of a voiceover accompanied by nightlife footage of central Auckland, including shots of a number of young women, some of them in taxis. The Authority did not uphold complaints that this breached standards relating to privacy, good taste and decency, controversial issues, accuracy, discrimination and denigration, and violence. Only one of the complainants was identifiable but the item did not disclose any private facts about her, and the footage was clearly not suggesting that the women were associated with the practice reported on (which was reinforced by a clarification broadcast the following night). The item did not comment on the issue of sexual assault or make any general comments about women, and it did not contain any violence.

Not Upheld: Good Taste and Decency, Privacy, Controversial Issues, Accuracy, Discrimination and Denigration, Violence

Bay of Plenty District Health Board and Television New Zealand Ltd - 2011-154

An item on Te Karere reported that Whakatane Hospital’s Microbiology Department would be closing, with all microbiology services moving to Tauranga. The Authority upheld the complaint that the item was inaccurate and misleading in creating this impression since urgent services would continue to be provided on-site. The broadcaster had not made reasonable efforts to ensure the item’s accuracy. The Authority made no order.

Upheld: Accuracy

No Order

Fourie and Television New Zealand Ltd - 2012-002

An episode of Embarrassing Bodies, a reality television series about the treatment of embarrassing medical conditions, was broadcast on TV2 at 8.30pm and included close-up shots of women’s vaginas and of surgical operations being performed on them. The Authority did not uphold the complaint that the programme breached standards relating to good taste and decency, responsible programming and children’s interests: the programme had educational value and the nudity was non-sexual and matter-of-fact; the programme was correctly classified AO and preceded by an adequate warning for nudity and medical scenes; and the clear warning and signposting of likely content gave parents an opportunity to exercise discretion.

Not Upheld: Good Taste and Decency, Responsible Programming, Children’s Interests

Fattorini and RadioWorks Ltd - 2012-034

During Robert & Jono’s Drive Show, broadcast on The Rock, one of the hosts told a personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself; the host used the term “mental” several times to refer to people with intellectual disabilities. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, discrimination and denigration, and fairness: the story was conveyed in a light-hearted manner and the term “mental” was used without malice or invective; the co-host made mitigating comments and the host also made comments that were positive towards people with intellectual disabilities; and the man referred to was not “exploited” or “humiliated”.

Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration

Waterworth and Wickham and RadioWorks Ltd - 2012-033

The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast on Valentine’s Day during Robert and Jono’s Drive Show. The Authority did not uphold the complaint that the broadcast breached standards relating to good taste and decency, privacy, fairness and responsible programming since the concept of promoting an on-air request for divorce was not reflected in the actual broadcast: it turned out that the two participants had planned to subvert the broadcast from the beginning as a protest against the promotion and they spent the time berating the hosts.

Not Upheld: Good Taste and Decency, Privacy, Fairness, Responsible Programming

Britt and Television New Zealand Ltd - 2011-160

During the Fair Go Ad Awards, two teams of advertisers were asked to design advertising campaigns within the programme, to “sell us Quade Cooper for New Zealand’s next Prime Minister”. The campaigns included comments such as “everyone hates Quade Cooper”. A complaint was made that the “Hate Quade” theme was unfair and encouraged “hatred of a person”. The Authority did not uphold the complaint: the piece was intended to be light-hearted and humorous and was presented in the spirit of good-natured ribbing and team rivalry, so was not unfair, and the discrimination and denigration standard only applies to sections of the community, not to individuals.

Not Upheld: Fairness, Discrimination and Denigration

Federated Farmers New Zealand and Television New Zealand Ltd - 2011-165

A One News item about a dispute between two local councils stated that the regional council was taking the city council to court “because it says the city is polluting the Manawatu River with sewage”. An out-of-focus image of cattle grazing was displayed during the introduction to the item. The Authority declined to uphold the complaint that this breached the accuracy and discrimination and denigration standards: the image of the cattle was blurry and difficult to discern, the image was not related to the item but the item made it clear that the focus was on pollution from sewage, and farmers are not a section of the community to which the discrimination and denigration standard applies.

Not Upheld: Accuracy, Discrimination and Denigration

Carroll and Television New Zealand Ltd - 2012-008

A One News item on the National Party’s proposed asset sales policy stated that the government had refused to release information under the Official Information Act and that a subsequent complaint to the Ombudsman revealed that the government had received very little official advice regarding its claim about limiting foreign ownership. The Authority did not uphold the complaint that the item was in breach of the accuracy standard: it included comment from Prime Minister John Key and would not have misled viewers.

Not Upheld: Accuracy

Brownlee and Radkhou and Television New Zealand Ltd - 2011-147

A scene from Coronation Street, broadcast at 5.30pm, showed two female characters kissing. The Authority declined to uphold the complaint that this breached standards relating to good taste and decency, responsible programming, children’s interests, and controversial issues. The scene was brief and innocuous and no less acceptable for being a kiss between two women; the content was consistent with the programme’s G rating and, given the context, was not unsuitable for children; the programme screened in an appropriate time-band; and the controversial issues standard only applies to news, current affairs and factual programmes.

Not Upheld: Good Taste and Decency, Controversial Issues, Responsible Programming, Children’s Interests

Antrobus and Television New Zealand Ltd - 2012-015

A promo for Bad Santa, screened during the family Christmas movie The Santa Clause 2, contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield; he told a child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa replied, “No, it was her sister.” The Authority did not uphold the complaint that this breached standards relating to good taste and decency and children’s interests: most viewers would not have been offended by the promo when broadcast in this context, the sexual references were implied and would have gone over the heads of younger viewers, and the promo was correctly rated PGR.

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

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