BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
O'Neill and TVWorks Ltd - 2011-127

C4 broadcast a programme called LMFAO Video Hits at 7pm, which included the music video for LMFAO’s song “Shots”. A complaint was made that the video contained coarse and sexually explicit language and liquor promotion. Given the dominance of liquor promotion in the video and the sexual messages conveyed, and the screening of the video during children’s viewing times, the Authority upheld the complaints about liquor promotion and children’s interests. (The issues of good taste and decency and responsible programming were subsumed into consideration of liquor and children’s interests.) The Authority declined to uphold the complaint about discrimination and denigration: while the song did refer to women, it did not carry the invective necessary to encourage denigration of women as a section of the community. The Authority made no order.

Upheld: Children’s Interests, Liquor
Not Upheld: Discrimination and Denigration
Subsumed: Good Taste and Decency, Responsible Programming

No Order

Swift and Television New Zealand Ltd - 2012-017

A satirical item on Close Up featured a comedian reviewing the election campaign the night before the general election. The comedian used a whiteboard, on which the name of the Leader of the Opposition appeared and disappeared from time to time. The Authority declined to uphold the complaint that the broadcast breached the controversial issues and fairness standards: the item was a light-hearted review and did not require the presentation of alternative viewpoints, and the complainant did not identify who he thought had been treated unfairly.

Not Upheld: Controversial Issues, Fairness

Simpson and TVWorks Ltd - 2012-019

A 3 News item reporting on an overnight series of aftershocks in Christchurch was introduced with the statement: “it’s just what Christchurch does not want to hear, warnings that a big one, seven on the Richter scale, is probably coming”. The item included extracts from an interview with a geologist interspersed with voiceover comments from the reporter. The Authority upheld the complaint that the item breached the standards relating to accuracy and responsible programming. The introductory statement inaccurately summarised the geologist’s opinion and overstated the prediction of a magnitude seven earthquake, and the statement was unnecessarily alarmist and was likely to have caused undue distress for Christchurch residents. The Authority made no order.

Upheld: Accuracy, Responsible Programming

No Order

Rutland and TVWorks Ltd - 2012-009

An episode of the documentary series Inside New Zealand, entitled “Inside Child Poverty”, investigated the current state of child health among the poorest sections of New Zealand society; the documentary-maker gave his perspective on the role of successive government policy in contributing to the current situation. The Authority did not uphold the complaint that the episode breached the fairness and law and order standards: the proposals for policy reform were not specific to any one political party and the presenter took a generic and non-partisan approach, and the broadcast did not encourage viewers to break the law.

Not Upheld: Law and Order, Fairness

Francis, Gouge and Thompson and TVWorks Ltd - 2011-104

Two Campbell Live items reported on controversial comments made by the Chief Executive (CE) of the Employers and Manufacturers Association (EMA), Alasdair Thompson, that some female workers are less productive because they take sick leave when they are menstruating. The first item was an excerpt from an interview with Mr Thompson, while the second consisted of a panel discussion about Mr Thompson’s behaviour during the interview. Both items questioned whether Mr Thompson should remain in his position at the EMA. The Authority declined to uphold complaints that the items were unfair, inaccurate, unbalanced and breached individuals’ right to privacy: the interview footage was fair; the items focused on Mr Thompson’s comments and his competency to fulfil his role as CE of the EMA, rather than the specific issue of pay equity, but balance was achieved in relation to both issues; and the items did not breach anyone’s privacy. In a minority decision, one member found that the broadcast of only a small part of the interview would have left viewers with an unfairly negative impression of Mr Thompson.

Not Upheld: Accuracy, Controversial Issues, Privacy
Not Upheld (majority): Fairness

Chan and TVWorks Ltd - 2011-170

Items broadcast on Campbell Live on TV3 asked viewers for their opinions on changing the New Zealand flag and gave a brief visual overview of the history of New Zealand flags. The Authority declined to determine the complaint that this breached standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming: the complainant’s concerns were matters of personal preference and editorial discretion and the complaint was frivolous and trivial.

Declined to Determine: Controversial Issues, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming

Caddie and Radio New Zealand Ltd - 2011-172

During Afternoons with Jim Mora, broadcast on Radio New Zealand National about 4.30pm, the host and panellists discussed the recent release of a controversial collectors’ edition Barbie doll. A panellist suggested there was a market in the Muslim world for “terrorist Barbie”, and in response the host suggested “suicide bomber Barbie”. The Authority declined to uphold the complaint that the broadcast breached standards relating to good taste and decency, accuracy, discrimination and denigration, and responsible programming. The comments were intended to be satirical, they were clearly commentary and opinion rather than statements of fact, the panellists were making the point that the marketers were smart to release controversial Barbie dolls, and the programme was not one likely to appeal to child listeners.

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

Brady and TVWorks Ltd - 2012-007

An item on 3 News, broadcast on TV3 at 6pm, reported on a single bluefin tuna being sold at auction in Japan for nearly one million dollars. Footage was shown of the fish’s head being removed and the fish being sliced in half; there was also brief footage of other fish being sliced or filleted. The Authority declined to uphold the complaint that the broadcast breached the good taste and decency and violence standards. The images were not gratuitous and would not have offended most viewers in the context of a news item, and filleting fish did not amount to “violence” for the purposes of that standard.

Not Upheld: Good Taste and Decency, Violence

Hill and Television New Zealand Ltd - 2011-169

An item on One News, broadcast on TV One, reported on Prime Minister John Key referring the matter of the “tea tapes” to the police. It included Mr Key’s comment that because the crime rate had been lowered the police “do have a little bit of spare time”. At the end, the reporter said, “John Key may face criticism . . . for saying that police have too much time on their hands.” The Authority declined to uphold the complaint that the broadcast breached standards relating to controversial issues, accuracy and fairness. Viewers heard Mr Key’s original comment so they would not have been misled; politicians should expect robust commentary on their views during an election period; and the item presented alternative views on the involvement of police in the matter.

Not Upheld: Controversial Issues, Accuracy, Fairness

Frost and TVWorks Ltd - 2012-005

A promo for 3 News broadcast on TV3 at 5.55pm contained a brief shot of a man head-butting another man during the ‘Occupy Dunedin’ protest movement. The Authority declined to uphold the complaint that the broadcast breached standards relating to good taste and decency, law and order, children’s interests, and violence. The footage was fleeting and inexplicit and no visible injury was shown; it did not encourage viewers to break the law or glamorise criminal activity; it screened immediately before the news within the host programme Home and Away which is not targeted at or likely to appeal to younger child viewers; and the voiceover signposted the footage as a “violent protest” against the occupiers.

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

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