BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Lafraie and Discovery NZ Ltd - 2023-114 (20 February 2024)

The Authority has not upheld a complaint that a series of interviews broadcast on Newshub Nation were unbalanced. The complainant alleged that an Israel Defence Force (IDF) spokesperson was given free rein to repeat propaganda, and while other perspectives were included, none of these were the perspectives of Hamas or a Palestinian spokesperson. The Authority found while the issue of the Israel-Hamas conflict is a controversial issue of public importance, the broadcast included sufficient perspectives on the matter for the purposes of the standard. It also noted that the large volume of news concerning the conflict meant audiences were likely to be aware of alternate perspectives.

Not Upheld: Balance

Kirkland and Sky Television Network Ltd - 2023-095 (31 January 2024)

The Authority1 has not upheld a complaint an item on Prime News, reporting on reactions to comments made by ACT Party Leader David Seymour on the Ministry for Pacific Peoples, as well as an incident where two men went to the Ministry and filmed staff while asking about expenditure, breached the accuracy standard. The complainant considered the broadcast breached the standard as it gave the misleading impression that two men had threatened staff at the Ministry as a result of Seymour’s statements, and it was inaccurate to suggest the men ‘threatened’ staff when ‘they only filmed staff while asking about spending’. The Authority agreed the broadcast’s introduction could have given the impression the two men went to the Ministry as a direct result of Seymour’s comments (when this occurred prior). While finely balanced, ultimately it considered any inaccuracy was corrected by a clarification of the sequence of events later in the broadcast. It further found while the description the men ‘threatened’ staff may have been technically inaccurate, it was not materially misleading in the context.

Not Upheld: Accuracy

Greyhound Racing New Zealand and Discovery NZ Ltd - 2023-073 (31 January 2024)

The Authority has partially upheld a complaint in relation to the accuracy of a Newshub Live at 6pm item about a person alleged to have harmed greyhounds. It alleged details about the accused were inaccurate and images of an unrelated dog accompanying the report were misleading. The Authority found the relevant details regarding the accused were not materially inaccurate. It found the broadcaster was correct in upholding the complaint initially in relation to the images used, but action taken in response was not sufficient to remedy the likely reputational damage to the handler and industry. The Authority held publication of this decision was sufficient remedy for the breach in all the circumstances.

Upheld: Accuracy (Action Taken)

No Orders

Ffowcs-Williams and NZME Radio Ltd - 2023-092 (31 January 2024)

The Authority has not upheld a complaint that action taken by NZME Radio Ltd was insufficient, after the broadcaster upheld a complaint under the discrimination and denigration standard about the use of the phrase ‘you’d have to be on the spectrum’ on Newstalk ZB’s Heather du Plessis-Allan Drive programme. As part of a discussion about the ‘political week that was’, political reporter Barry Soper commented, ‘you would have to be on the spectrum to go out there and vote for them [Te Pāti Māori]’, which the complainant considered was discriminatory towards people with autism. The Authority found the broadcaster’s decision to uphold the complaint, apologise to the complainant, and counsel du Plessis-Allan and Soper on the importance of considering the potential offence and impact of comments on sections of the community, was sufficient in the circumstances.

Not Upheld: Discrimination and Denigration (Action Taken)

Alderston and NZME Radio Ltd - 2023-110 (31 January 2024)

The Authority has not upheld a complaint a segment of Overnight Talk breached several standards. In the programme, a caller to the show queried the validity of the host’s statement that 1400 Israelis had died in the 7 October 2023 attack by Hamas, and asked what evidence the host had of the attack. The host’s response included suggesting the caller should not be ‘an idiot’, saying he was not going to waste his time, terminating the call and advising the caller that they could see ‘uncensored footage’ of the attack on the ‘deepest, darkest parts of the internet’ if they needed evidence. The Authority found that, within the robust forum of talkback radio, the host’s comments did not reach the threshold for a breach of the offensive and disturbing content standard; did not amount to unfairness to the caller, who had voluntarily participated in the call; and that there was no discrimination or denigration of any section of the community. The accuracy and balance standards did not apply.

Not Upheld: Offensive and Disturbing Content, Fairness, Discrimination and Denigration, Accuracy, and Balance

Benefield and Discovery NZ Ltd - 2023-069 (16 January 2024)

The Authority has declined to determine a complaint that a promo for ThreeNow programme I am Jazz breached multiple standards. The Authority has previously considered similar complaints concerning the inclusion of members of the rainbow community, including trans people, in programmes and saw no reason to depart from previous findings concerning this matter.

Decline to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Offensive and Disturbing Content, Children’s Interests, Balance, Accuracy

Kelsey and Radio New Zealand Ltd - 2023-098 (16 January 2024)

The Authority has not upheld a complaint that a Midday Rural News segment on RNZ National, regarding a proposed solar panel development on a Waipara farm, breached the accuracy and balance standards. It found the points raised by the complainant as being inaccurate or misleading were either not misleading or were not materially misleading, as they were unlikely to affect the audience’s understanding of the report as a whole. In relation to the balance standard, the Authority found the brief broadcast, which was focused on the farmer’s perspective on the installation of the proposed development on his farm, did not discuss a controversial issue of public importance as required for the standard to apply.

Not Upheld: Accuracy, Balance

Hunter and Radio New Zealand Ltd - 2023-109 (16 January 2024)

The Authority has declined to determine a complaint alleging a news bulletin on RNZ was unbalanced due to the placement of an update on the Rugby World Cup, ahead of other news. The Authority found that in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion.

Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance

Huriwai-Seger and Discovery NZ Ltd - 2023-105 (16 January 2024)

The Authority has not upheld a complaint that a Newshub Live at 6pm item suggesting Labour’s Affordable Water Reform policy encompassed controls over all freshwater breached the accuracy standard. The Authority found the relevant references to freshwater were inaccurate. However, in the context of a story about Mayor Wayne Brown’s concerns for Auckland ratepayers and call to action for National, such detail regarding Labour’s policy was not material to the audience’s overall understanding of the item.

Not Upheld: Accuracy

Healy and NZME Radio Ltd - 2023-089 (16 January 2024)

The Authority has not upheld a complaint a segment on the Fletch, Vaughan & Hayley morning show breached the discrimination and denigration standard. In the broadcast, the hosts made several jokes and innuendos about the name of Irish airline Aer Lingus and one host, putting on an Irish accent, stated ‘on the menu today, we have potatoes’. The complainant considered the jokes to be offensive to Irish people and culture, and to amount to racism. The Authority acknowledged the jokes had the potential to offend, but did not uphold the complaint, finding the jokes did not meet the threshold for a breach under the discrimination and denigration standard as they were unlikely to encourage the different treatment of Irish people to their detriment, devalue the reputation of Irish people, or embed negative stereotypes.

Not Upheld: Discrimination and Denigration

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