BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
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

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

Hynes and TVWorks Ltd - 2011-155

An episode of the children’s cartoon Paddle Pop Begins, broadcast on TV3, contained a main character whose name was the same as a brand of iceblock. A complaint was made that this breached the responsible programming and children’s interests standards, because the programme amounted to advertising targeted at children, for a product high in sugar and fat. The Authority declined to uphold the complaint. It accepted that the ‘Streets’ logo and the name of the character amounted to branding or marketing – however, the programme was clearly a children’s cartoon rather than an “advertisement” for the purposes of guideline 8d.

Not Upheld: Responsible Programming, Children’s Interests

Connolly and Television New Zealand Ltd - 2011-153

One News election coverage showed a graphic “Election 2011” logo which included a blue box with a white tick mark. The Authority declined to uphold a complaint that the colour of the logo influenced people to vote for the National Party, in breach of the controversial issues standard. Use of the logo did not amount to a discussion of a controversial issue and the broadcaster was entitled to editorial discretion in the use of standard graphics.

Not Upheld: Controversial Issues

Hamer and Television New Zealand Ltd - 2011-149

A documentary Real Crime: Broken Promises, Broken Brides, broadcast on TV One, investigated the abuse of foreign brides in New Zealand. It profiled a Malaysian woman who had died of a methadone overdose nine years earlier and interviewed her New Zealand husband, the complainant, who was convicted of her manslaughter. The Authority declined to uphold the complaint that the programme breached the accuracy and fairness standards. The programme did not create a misleading impression that the complainant had intended to murder his wife, the reporter clearly stating that the complainant was convicted of manslaughter; the complainant’s perspective was included; the programme was accurate and would not have misled viewers; and the complainant was provided with a sufficient opportunity to give his perspective in two interviews and the interviews were not unfairly edited.

Not Upheld: Accuracy, Fairness

Boyce and Radio New Zealand Ltd - 2011-163

Afternoons with Jim Mora, broadcast on Radio New Zealand National, included a panel discussion about the National Party’s welfare reform policy. The Authority declined to uphold the complaint that the broadcast breached the controversial issues and accuracy standards. The New Zealand welfare system, including welfare reform, amounted to a controversial issue of public importance, the broadcaster had made reasonable efforts to present significant viewpoints, and as the issue was ongoing listeners could reasonably be expected to be aware of alternative viewpoints. The panellist’s statements were his personal comment and opinion and therefore exempt from standards of accuracy under guideline 5a.

Not Upheld: Controversial Issues, Accuracy

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

Barrett and TVWorks Ltd - 2011-161

An episode of reality television series Date My Ex on TV3 contained brief footage of two people drinking. The complaint was that the programme made drinking alcohol look like a game and also showed people playing poker, in breach of standards relating to good taste and decency, responsible programming and liquor, as well as children’s interests. The Authority declined to uphold the complaints on the grounds that the presence of liquor in the programme was extremely brief and alcohol consumption was not glamorised; the programme was correctly rated PGR and did not contain any material which warranted a higher rating of AO; and the content would not have offended the majority of viewers.

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

Boardman and TVWorks Ltd - 2011-167

An item on TV3’s Nightline reported on controversial comments made by British television presenter Jeremy Clarkson that striking workers should be shot. The Authority declined to uphold the complaint that the broadcast breached standards relating to law and order, discrimination and denigration, and violence. The item was a straightforward news report about Mr Clarkson’s comments, and broadcasting the comments did not encourage viewers to break the law; nor did it encourage denigration of or discrimination against a section of the community; and the item contained no violence.

Not Upheld: Law and Order, Discrimination and Denigration, Violence

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

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