BSA Decisions Ngā whakatau a Te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

All Decisions
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

Northland District Health Board and TVWorks Ltd - 2011-156

An item on 60 Minutes entitled “Turned Away” was broadcast on TV3 and investigated the case of a young man who died of meningococcal disease after being misdiagnosed by medical professionals. The reporter interviewed the Chief Executive of the Northland District Health Board (NDHB) about the circumstances surrounding the man’s treatment and, in particular, about the doctor who made the decision not to administer a lumbar puncture earlier, despite the fact that the man displayed all but one of the symptoms of meningitis. The Authority declined to uphold the complaint that the item was inaccurate and misleading and that the interview was unbalanced and unfair. The item did not create a misleading impression; the District Health Board’s viewpoint was included through the interview with its Chief Executive and the item was not unfair; and significant perspectives were included on the issue under discussion.

Not Upheld: Controversial Issues, Accuracy, Fairness

Nielsen and TVWorks Ltd - 2012-010

A promo for Comedy Convoy, a documentary series on performances by stand-up comedians, was broadcast during Home and Away on TV3 at 12.48pm. It included a female comedian stating, “When I was in my early twenties I really wanted kids, like I really wanted them, but I just could never lure them into my car.” The Authority declined to uphold the complaint that the broadcast breached standards relating to good taste and decency, children’s interests and responsible programming. The comment was clearly intended as a joke and was broadcast in the middle of the day during the school term; the promo was broadcast during Home and Away, a programme not targeted at children, and the promo was correctly rated G and screened in an appropriate timeslot.

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

Smart and TVWorks Ltd - 2011-174

During 3 News: Firstline, broadcast on TV3 at 6.45am, the newsreader interviewed a representative of the 'Occupy Wellington' protest movement. The Authority declined to uphold the complaint that the newsreader’s comments and interviewing style breached standards relating to accuracy, fairness, and discrimination and denigration. The interviewee adequately expressed his viewpoint and defended the position of the protestors; the interviewee’s perspective was included so viewers would not have been misled by the newsreader’s comments; and the comments did not carry the necessary invective to encourage discrimination or denigration against the protestors as a section of the community.

Not Upheld: Accuracy, Fairness, Discrimination and Denigration

Simon and TVWorks Ltd - 2011-166

An item on 3 News, broadcast on TV3 at 6pm, reported on the launch of the Green Party’s election campaign. The footage contained a brief, out-of-focus background image of a person’s “butt crack”. The Authority declined to determine the complaint that this breached the good taste and decency and fairness standards, on the grounds that the complaint was frivolous and trivial.

Declined to Determine: Good Taste and Decency, Fairness

Simmons and Walker-Simmons and RadioWorks Ltd - 2012-004

During The Edge Morning Show one of the hosts performed a parody of a song, and later read out a listener’s text message which said, “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it.” The Authority declined to uphold the complaint that the broadcast breached standards relating to good taste and decency, accuracy, and discrimination and denigration. Given contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression; the programme was not a news, current affairs or factual programme to which the accuracy standard applied; and the content of the text message was directed at the host’s song and not against homosexuals as a section of the community.

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

Phair and Radio One - 2011-140

Overgrown, on Otago University’s Radio One station, is a weekly radio show advocating cannabis law reform. A host referred to a phone call from a general practitioner and commented on the views he allegedly expressed about a purported link between cannabis use and schizophrenia. The Authority declined to uphold the complaint that the broadcast breached standards relating to law and order, controversial issues, accuracy, fairness and responsible programming. The programme’s promotion of cannabis use was in the spirit of protest and to promote law reform – challenging particular laws is a vital component of freedom of expression; the show was opinion-based, putting forward a particular viewpoint, and was not a “factual programme", so the controversial issues and accuracy standards did not apply; the complainant was not named and unlikely to be identified; and the hosts highlighted responsible use.

Not Upheld: Law and Order, Controversial Issues, Accuracy, Fairness, Responsible Programming

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

Bauld and Radio New Zealand Ltd - 2011-150

A political discussion was broadcast during Nine to Noon on Radio New Zealand National. The complaint was that the broadcast breached standards relating to controversial issues, fairness, and discrimination and denigration; in particular, the complainant considered that one of the participants had made a personal attack on the leader of the Labour Party, Phil Goff. The Authority considered the complaint under the fairness standard (the standard most relevant to the complainant’s concerns) and declined to uphold it: the broadcast was a classic example of robust political commentary close to an election, the scrutinising of politicians and public figures is a vital component of freedom of expression, and the comments about Phil Goff were not “abusively personal”.

Not Upheld: Fairness

Blue and Television New Zealand Ltd - 2011-131

An item on One News reported on the private funeral of prominent New Zealand businessman Allan Hubbard. The Authority declined to uphold the complaint that the footage filmed outside the private church ceremony, and the footage of Mrs Hubbard in particular, breached standards relating to privacy, good taste and decency, fairness, and responsible programming. While Mrs Hubbard and the other people shown were identifiable, no private facts were disclosed, they were filmed in a public place, and those shown were not particularly vulnerable. The footage formed part of an unclassified news programme, and filming was non-intrusive and respectful and would not have offended or distressed viewers.

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