BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Frame and Sky Network Television Ltd - 2021-098 (27 October 2021)

The Authority has not upheld a complaint alleging sports commentary of the ICC World Test Championship final breached the discrimination and denigration standard. The comments ‘it's a story that's akin to David versus Goliath…and living proof that sometimes, just sometimes, nice guys do finish first’ did not refer to a particular section of the community as contemplated by the standard. In any event, it was typical of sports commentary and did not have a prejudicial meaning.

Not Upheld: Discrimination and Denigration

Summerfield and Discovery NZ Ltd - 2021-097 (27 October 2021)

The Authority has not upheld a complaint that comments made by Dr Michael Baker and Hon Chris Hipkins during interviews on The AM Show were inaccurate and misleading. When asked (in separate interviews) whether there had been any severe adverse reactions to the COVID-19 Pfizer vaccination recorded in New Zealand, Dr Baker stated he was not aware of any, while Mr Hipkins stated there had been ‘a handful of people’ and ‘a few’ that had experienced side effects in general. At the time of the broadcasts, there were 180 serious adverse reactions that had been reported, 0.02% of the total doses administered. The Authority found that Dr Baker’s statements were comment, analysis or opinion to which the accuracy standard does not apply. In relation to Mr Hipkins’ comments, the Authority found that these were not inaccurate or misleading, and would not have significantly affected the audience’s understanding of the issue as a whole.

Not Upheld: Accuracy

Sharland and Sky Network Television Ltd - 2021-099 (27 October 2021)

The Authority has not upheld a complaint that footage of spectators fighting during the half-time of the EURO 2020 final breached the violence standard. The Authority found the broadcast was justified by its context. Live sporting events are not subject to classification. The item was a live international feed where the broadcaster had limited editorial control, the content was not particularly graphic and the commentators indicated their disapproval of the violence.

Not Upheld: Violence

Gibson and Discovery NZ Limited - 2021-096 (27 October 2021)

A promo of Killer Couples was aired during the programme Drop Dead Fred at 7.49pm. The Authority did not uphold a complaint the promo breached the good taste and decency, children’s interests and violence standards. The Authority found the promo was unlikely to cause widespread undue offence or distress and did not go beyond what was expected in a PG classification. It also found the promo did not include any violent content as envisaged by the violence standard.

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

Privacy Commissioner and Radio New Zealand Ltd - ID2021-090D (27 October 2021)

The Authority has accepted jurisdiction to consider a complaint under the privacy standard made by the Privacy Commissioner. The Authority found the Privacy Commissioner had standing to make the complaint under the Broadcasting Act 1989. It also found it is capable of considering the complaint on its merits and would not be subject to undue influence or bias as a result of the complainant’s status. Finally, it agreed the complaint raised some matters outside the scope of the complaints process and, in accordance with its usual procedures, such matters would not be considered.

Accepted Jurisdiction

Scott and NZME Radio Ltd - 2021-102 (27 October 2021)

The Authority has not upheld a complaint alleging an interview with Judith Collins breached the law and order standard. The interviewer asked Ms Collins to clarify what she meant when she said, regarding Police Minister Poto Williams, ‘I think a lot of people want to bottle her’. Ms Collins explained she meant Minister Williams should be kept in a bottle ‘like a genie in a bottle’. The line of questioning was reasonable in the context, and the item did not actively promote serious anti-social or illegal behaviour.

Not Upheld: Law and Order

Ong and Radio New Zealand Ltd - 2021-086 (13 October 2021)

An item on RNZ’s Midday Report covering reports of violence against protesters at Kennedy Point Marina included interviews with a protester, and the developer of the site. The Authority has not upheld a complaint the item breached the balance and fairness standards. The Authority found the item presented a reasonable range of perspectives and developer Kitt Littlejohn was given a fair and reasonable opportunity to present his point of view. Given the level of public interest in the item, Mr Littlejohn, in his position, could reasonably expect the media’s scrutiny and the programme was unlikely to leave listeners with an unduly negative impression of him.

Not Upheld: Balance, Fairness

Parvomai and Radio New Zealand Ltd - 2021-111 (13 October 2021)

The Authority has declined to determine a complaint, under the accuracy standard, about an episode of Our Changing World. The Authority considered the complaint, about the use of the word ‘English’ instead of ‘British’ trivial.

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

Lerner and MediaWorks Radio Ltd - 2021-091 (13 October 2021)

A segment on Magic Afternoons with Leah Panapa and Danny Watson on 1 July 2021 touched on the topic of Jewish people in Hollywood and included the comment ‘Hollywood was run by Jewish people.’ The broadcaster conceded the comments made by the hosts ‘reflected a trope evoking prejudicial ideas’ and upheld a complaint under the discrimination and denigration standard. The Authority found the comments had the potential to affirm, further embed and spread negative stereotypes, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach.

Not Upheld: Discrimination and Denigration (Action Taken)

Cumin and Discovery NZ Ltd - 2021-068 (13 October 2021)

The Authority has not upheld a complaint about an item on The Project examining the history of violence and conflict between Israelis and Palestinians and ‘what’s different this time’. The complainant alleged the maps illustrating the dispossession of Palestinian land were inaccurate, minimised original Jewish land, minimised current Palestinian land, and perpetuated ‘lies that are used to delegitimise the State of Israel’. The Authority acknowledged that Israeli and Palestinian entitlement to land is a highly sensitive and contested issue. It found the maps contained some inaccuracies and the broadcaster had not made sufficient effort to ensure their accuracy. However, any inaccuracies were unlikely to significantly affect the audience’s understanding of the programme as a whole. In addition, the value in theexpression in the broadcast meant regulatory intervention was not justified in this instance. The Authority reminded broadcasters of the importance of accuracy and consistency when reporting on this issue.

Not Upheld: Accuracy

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