BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Nightingale and NZME Radio Ltd - 2021-129 (20 December 2021)

The Authority has not upheld a complaint that a discussion on Callum & P breached the privacy of a person interviewed on-air by disclosing their COVID-19 vaccination status. The Authority found the interviewee was a willing participant in the disclosure of her vaccination status. On this basis the broadcast did not breach the privacy standard.

Not Upheld: Privacy

Glen and MediaWorks Radio Ltd - 2021-128 ( 20 December 2021)

An announcer on The Edge Breakfast recounted an experience at her antenatal class where she discussed how to address constipation post childbirth. The complaint was this segment breached the good taste and decency and children’s interests standards. The Authority did not uphold the complaint, taking into account the programme’s target audience, audience expectations, and the low-level language complained about (being of an anatomical, rather than a profane or sexual nature).

Not Upheld: Good Taste and Decency and Children’s Interests

Jarvis and Television New Zealand Ltd - 2021-135 (20 December 2021)

The Authority has not upheld a complaint that a 1 News Covid Update broadcast breached the balance and accuracy standards by featuring modelling of the current COVID-19 outbreak provided by Professor Shaun Hendy. The Authority found the balance standard was not breached. While the item discussed the topic of COVID-19 modelling, which is a controversial issue of public importance, it was clearly signalled as approaching the topic from a particular perspective. Viewers could also reasonably be expected to be aware of alternative views from other coverage.  The accuracy standard was not breached as the modelling was analysis, comment or opinion and so was not subject to the standard.

Not Upheld: Balance, Accuracy

Laroche & Breed and Television New Zealand Ltd - 2021-132 (20 December 2021)

The Authority has declined to determine two complaints under various standards, including discrimination and denigration, about an item on Seven Sharp on 28 September 2021. The item reported on employment issues relating to the COVID-19 vaccine. Following an interview with an employment lawyer, the presenters discussed a hypothetical dinner party where a guest turned out to be unvaccinated. The complainants were concerned about the treatment of people that were not vaccinated, who do not amount to a relevant section of society for the purposes of the discrimination and denigration standard. The remainder of the complaint reflected the complainants’ personal views and/or was unrelated to the broadcast. In all the circumstances (including scientific consensus around the safety of the COVID-19 Pfizer vaccine and the impact of the COVID-19 pandemic), the Authority considered it should not determine the complaints.

Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration, Accuracy, Balance, Fairness

Derleth and Discovery NZ Ltd - 2021-109 (20 December 2021)

The Authority has not upheld a complaint alleging an item on Newshub Live at 6pm lacked balance. The item reported on reactions to the sentencing of a person involved in the ‘coward punch’ death of a prominent Auckland kickboxer. A person’s sentencing is not a controversial issue of public importance, so the balance standard does not apply. In any case, it was clear the item was coming from a particular perspective.

Not Upheld: Balance

Waikato District Health Board and Radio New Zealand Ltd - ID2021-090G (14 December 2021)

The Authority has made the following directions in respect of the Waikato District Health Board’s referral:

  • declined to accept the two affidavits submitted as part of the WDHB’s complaint
  • invited the WDHB to provide alternative evidence to support its complaint referral, with reference to the formats outlined at paragraph [8] by 24 January 2022
  • asked RNZ to identify information it wishes to rely on by 24 January 2022, and the WDHB to provide confirmation as to whether such information is in dispute or can be accepted as correct within a further 10 working days
  • invited any further comment from the parties regarding the management of these issues by 24 January 2022.
Anderson and Discovery NZ Ltd - 2021-122 (1 December 2021)

The Authority has not upheld a complaint that a Newshub Live at 6pm report breached the accuracy and fairness standards by stating there was no evidence ivermectin works in treating or preventing COVID-19. The Authority found the accuracy standard was not breached as the statements were materially accurate and not misleading. The complainant did not identify a person or organisation said to be treated unfairly in the broadcast so the fairness standard did not apply.

Not Upheld: Accuracy, Fairness

Arps and Discovery NZ Ltd - 2021-123 (1 December 2021)

The documentary Patrick Gower: On Hate investigated the 15 March 2019 terror attacks, focusing on the stories of the victims. The documentary featured footage from 2016 showing the complainant dumping a pig’s head at Masjid Al-Noor. The complainant argued the documentary breached the fairness standard as he was not given an opportunity to comment prior to its broadcast. Noting the high public interest in the documentary, the Authority found the complainant was not treated unfairly.

Not Upheld: Fairness

Clarke and NZME Radio Ltd - 2021-120 (1 December 2021)

The Authority has not upheld a complaint about comments by Kate Hawkesby regarding Director-General of Health Dr Ashley Bloomfield. Hawkesby made several comments about Dr Bloomfield, alleging he has underperformed in the response to the COVID-19 pandemic. The Authority found the fairness standard was not breached as the comments were distinguishable as the opinion of the presenter and they did not result in Dr Bloomfield being treated unfairly. Given Dr Bloomfield’s high-profile position, he can reasonably expect to be the subject of robust commentary.

Not Upheld: Fairness  

Carswell and Television New Zealand Limited - 2021-113 (1 December 2021)

The Authority considered a complaint about a promo for Taskmaster which was aired during the programme Breakfast (unclassified) at 7.30am, and a promo for My Life is Murder which was aired during the programme The Chase (rated G) at 5.35pm. The Authority did not uphold the complaint that these promos, which contained brief sexual references, breached the children’s interests standard. It found the references were mild and inexplicit, were not likely to alarm or distress children, and met the requirements for a G classification.

Not Upheld: Children’s Interests

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