BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

All Decisions
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

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

Goddard and Skelton and TVWorks Ltd - 2012-011

An item on Campbell Live, broadcast on TV3 at 7pm, reported on bullying and fighting at Massey High School and showed repeated footage of girls fighting. It was not preceded by a warning. The Authority did not uphold complaints that the item breached standards relating to privacy, accuracy, fairness, responsible programming, children’s interests, and violence. The students shown in the footage were not identifiable to anyone beyond those who already knew about the fighting; the impression created about fighting and bullying at Massey stemmed from the facts of the incident and the response of students and parents; Massey was provided with a reasonable opportunity to comment and its statement was adequately referred to in the item; and while a warning would have been helpful, given the nature and context of the footage the broadcaster adequately considered children’s interests in broadcasting the footage during a current affairs programme at 7pm.

Not Upheld: Privacy, Accuracy, Fairness, Responsible Programming, Children’s Interests, Violence

Heerdegen and The Radio Network Ltd - 2012-043

During the Leighton Smith Show on Newstalk ZB, the host discussed verdicts in the Urewera Four case. The complainant phoned the programme and the host subsequently made comments about “nut bars” in New Zealand. The Authority did not uphold the complaint that this breached the discrimination and denigration standard: the standard only applies to sections of the community and not to individuals; it was unclear which section of the community the complainant considered was denigrated or discriminated against; and the host’s comments were clearly his personal opinion and were not specifically directed at the complainant.

Not Upheld: Discrimination and Denigration

Massey High School and TVWorks Ltd - ID2012-011

An item on Campbell Live reported on bullying at Massey High School. The Authority determined that it does not have jurisdiction to accept a referral of the privacy aspect of the complaint. Massey High School did not refer its complaint to the Authority within the statutory timeframe and the original complaint did not constitute a direct privacy referral.

Declined to Accept Referral

Mayne and TVWorks Ltd - 2012-026

An item on Campbell Live reported on a disabled boy who was left alone on a school bus for four-and-a-half hours. The item included footage of an interview with the manager of the bus company responsible. The Authority did not uphold the manager’s complaint that this breached her privacy: while the complainant could have been identified, the item did not disclose any private facts about her in a manner that would be considered highly offensive.

Not Upheld: Privacy

Wang and TVWorks Ltd - 2011-133

Campbell Live featured a story about a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine. The Authority upheld the complaint that the item breached the accuracy and fairness standards: it overstated evidence, creating the impression that a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking, and it failed to include a report which found no trace of methamphetamine. The misleading impression as to the source, location and quantity of methamphetamine contamination, as well as the implication the complainant had done nothing to remediate the problem, resulted in an unfairly negative representation of the complainant, and the complainant’s comments as included were insufficient to counterbalance the damaging implications made about him. The Authority did not uphold the complaint about discrimination and denigration, as the standard does not apply to individuals. The Authority ordered TV3 to pay $1,400 towards the complainant’s legal costs.

Upheld: Accuracy, Fairness
Not Upheld: Discrimination and Denigration
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Order: $1,400 costs to complainant

Wallis and Television New Zealand Ltd - ID2012-047

An episode of Piha Rescue was broadcast on 16 January 2012 on TV One. The complainant emailed TVNZ’s “Viewer Correspondence” email address expressing concerns about the episode. TVNZ’s email response went into the complainant’s spam email folder. He then referred his complaint to the Authority on the basis that he had not received a response from the broadcaster to his original complaint. The Authority determined that it does not have jurisdiction to accept the referral because the complainant’s original email was not a valid “formal complaint” and TVNZ responded appropriately to his email.

Declined to Accept Referral

Tonizzo and Television New Zealand Ltd - 2012-024

An episode of Rude Tube, a programme showcasing a selection of viral videos from the internet, was called “Animal Madness” and included a clip of a man taking “an unscheduled toilet break” in a paddock, and being chased by a donkey apparently attempting to mate with him. The programme was preceded by a verbal and visual warning. The Authority did not uphold the complaint that the programme breached the good taste and decency, law and order, and violence standards: most viewers would not have been offended by the scenes, the broadcast did not encourage viewers to break the law, and the footage did not amount to “violence” as envisaged by the standard.

Not Upheld: Good Taste and Decency, Law and Order, 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