BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

All Decisions
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

Swinerd and TVWorks Ltd - 2012-030

An episode of Homeland, a drama series in which the CIA investigates a possible terrorist threat, was broadcast on TV3 at 8.30pm. It contained brief nudity and a sex scene. The Authority did not uphold the complaint that the programme breached the good taste and decency, and responsible programming standards: the programme was correctly classified and the pre-broadcast warning for “sexual material” was adequate to cover the content in the programme.

Not Upheld: Good Taste and Decency, Responsible Programming

George and Television New Zealand Ltd - 2011-132

A TV One documentary entitled A Rotten Shame investigated New Zealand’s leaky homes crisis and sought to expose systematic failures in the building industry that had led to the crisis. The presenter door-stepped a building inspector responsible for inspecting a house eleven years earlier, which had since developed serious problems and had to be demolished. A portion of this interview was included in the programme. The building inspector complained that this breached the controversial issues, accuracy and fairness standards. The Authority held that the action taken by the broadcaster in upholding the door-stepping aspect of the fairness complaint was insufficient. The Authority did not uphold any other part of the complaint: the item focused on systematic failures which led to the leaky homes crisis rather than on the complainant, it included the complainant’s viewpoint, and it did not create a misleading impression about the complainant’s culpability. The Authority ordered TVNZ to pay $500 towards the complainant’s legal costs.

Upheld: Fairness (Action Taken)
Not Upheld: Controversial Issues, Accuracy, Fairness

Order: $500 costs to complainant

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

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

Butler and Television New Zealand Ltd - 2011-157

An episode of Good Morning included an interview with author and Associate Professor of Psychology Niki Harrè about her new book on the psychology of sustainability. The Authority did not uphold the complaint that a reference to Niki Harrè as a “psychologist” in a teaser for the item breached the accuracy standard: the single reference to “psychologist” in the teaser was not a material point of fact – the term was used colloquially and not intended to denote a technical meaning, and any impression it created was clarified by the item itself.

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

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