BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
McGee and Radio New Zealand Ltd - 2021-088 (1 December 2021)

The Authority has not upheld a complaint regarding an episode of The Detail, where the host provided a correction to a comment made in a pre-recorded interview immediately after the comment. The Authority considered this sufficiently addressed the inaccuracy in the circumstances, and the way in which it was presented to the audience was an editorial decision open to the broadcaster.

Not Upheld: Accuracy

Wayman and Television New Zealand Ltd - 2021-124 (1 December 2021)

The Authority has declined to determine a complaint concerning a remark on 1 News about Pasifika people having a sense of comfort when dealing with clinicians and other staff who look like them. The complainant alleged this was racist. The Authority found in all the circumstances the complaint should not be determined as it concerned an interpretation of the remark that no reasonable viewer would reach.

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

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

HJ and Discovery NZ Ltd - 2021-110 (1 December 2021)

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning a car accident breached several standards by featuring images of dead bodies in the car wreck. The complainant believed there were dead bodies shown in the wreck, which they found highly distressing. The Authority acknowledged the complainant’s distress, however, after carefully reviewing the broadcast, found that no bodies were featured. In considering the images of the car wreck shown, the Authority considered that the footage was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards, so the good taste and decency standard was not breached. It further found that an audience advisory was not required, and the programme information standard was not breached. The balance, accuracy, privacy, and fairness standards did not apply or were not breached.

Not Upheld: Good Taste and Decency, Programme Information, Balance, Accuracy, Privacy, and 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

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  

Grant & Findlay and NZME Radio Ltd - 2021-117 (1 December 2021)

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply.

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

Chambers and Discovery NZ Ltd - 2021-108 (17 November 2021)

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, which discussed a draft film script for the proposed film They Are Us, based on events surrounding the Christchurch terror attack on 15 March 2019. The complainant considered comments made during the broadcast, such as that the script was ‘a misleading and dishonest Americanisation of what happened in this country’ were derogatory towards Americans, and breached the discrimination and denigration standard. The Authority acknowledged the comments had the potential to cause offence, but found they did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression.

Not Upheld: Discrimination and Denigration

Frewen and Discovery NZ Ltd - 2021-115 (17 November 2021)

The Authority has declined to determine a complaint, under the accuracy standard, about an item on Newshub Live at 6pm. The complainant alleged that analysis of a New Zealand political poll, including a translation of the poll results into seats in Parliament and the statement Labour ‘no longer governs alone’, was misleading, noting it was just a poll and Labour has a Co-operation Agreement with the Green Party. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration.

Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)

Brown and NZME Ltd - 2021-107 (17 November 2021)

The Authority has not upheld a complaint about comments by Mike Hosking regarding Director General of Health, Dr Ashley Bloomfield. Mr Hosking said Dr Bloomfield ‘lied to the Select Committee’ and was a ‘liar’. The Authority found the accuracy and fairness standards were 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 scrutiny.

Not Upheld: Accuracy, Fairness  

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