BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Beaumont Bell and Radio New Zealand Ltd - 2021-050 (15 September 2021)

The Authority has not upheld a complaint about the introduction for a piece broadcast on RNZ Concert: ‘Being a coloured man wasn’t an advantage to 19th century English composer Samuel Coleridge-Taylor. But he did, fortunately, have some influential supporters… so his music did get heard.’ The complaint was that the description of the composer as ‘coloured’ perpetuated racism. The Authority acknowledged the complainant’s concerns and the changing nature of language over time. In this case, it found the description of the composer, in the context of the broadcast, did not encourage discrimination or denigration and was unlikely to cause offence at a level justifying restriction of the right to freedom of expression.  

Not Upheld: Good Taste and Decency, Discrimination and Denigration

O’Halloran and Television New Zealand Ltd - 2021-063 (15 September 2021)

The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources.

Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)

Johnston and NZME Radio Ltd - 2021-076 (15 September 2021)

Warning: This decision contains language that some readers may find offensive

The Authority has not upheld a complaint that action taken by NZME was insufficient, after it upheld a complaint about language used in an interview on The Nutters Club. The interviewee told his story of overcoming drug addiction and offending, and now working to help others do the same. After saying, ‘Excuse all my language I use, too, it will get a little bit worse, it’s just how it is when you remember’, the interviewee used the words ‘fuck’, ‘shit’, and ‘arse’ (and variations of these) repeatedly. The Authority determined it would not have found a breach of the standards in the first instance, in the context of the broadcast. In particular: the interview carried high value in terms of the exercise of the right to freedom of expression and the narration of an important story about hope, transformation, and community-building, it was broadcast late at night, and the interviewee signposted he would use coarse language, giving listeners an opportunity to decide whether to continue listening. The Authority noted the action taken in response to the language and complaint was significant, which reflected the broadcaster’s sensitivity to the needs and interests of its listeners.

Not Upheld: Good Taste and Decency (Action Taken), Programme Information (Action Taken)

Stark and Discovery NZ Ltd - 2021-080 (15 September 2021)

The Authority has declined to determine a complaint about the use of the phrase ‘Jesus Christ’ by an English football fan expressing excitement during a news item covering England’s win against Denmark in the UEFA European Football Championship semi-finals. The Authority has found on numerous occasions the use of ‘Jesus Christ’ or similar terms as an exclamation does not amount to a breach of standards.

Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)

Edgewell Personal Care and Television New Zealand Ltd - 2021-077 (15 September 2021)

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented.

Not Upheld: Accuracy, Fairness

Soh and NZME Radio Ltd - 2021-075 (15 September 2021)

The Authority has not upheld a complaint that a statement on Coast FM news, ‘A herd of international students is about to stampede into New Zealand’, breached the discrimination and denigration standard. The Authority found ‘international students’ did not amount to a section of the community under the standard. In any event, the statement would not have reached the threshold required for finding a breach. There were issues with the retention of the broadcast by NZME, and the Authority noted this was a serious procedural concern.

Not Upheld: Discrimination and Denigration

Spring and Radio New Zealand Ltd - 2021-072 (6 September 2021)

The Authority has declined to determine a complaint regarding a news item which included a quote from Liz Cheney calling Donald Trump’s claims that he had won the 2020 US Election ‘dangerous lies’. The complainant was concerned about RNZ referring to some politicians as liars but not others. The Authority found the content of the complaint did not relate to the substance of the broadcast, and was not capable of being properly determined by a complaints procedure.

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

Stewart and Discovery NZ Ltd - 2021-062 (6 September 2021)

The Authority has declined to determine a complaint about the introduction to a news item on New Zealand Rugby which used the terms ‘blasted’ and ‘bombshell’ immediately after an item reporting on violence in Gaza. The Authority considered that the complaint raised issues which were editorial decisions not properly addressed by broadcasting standards, so should not be determined by the Authority.

Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act)

Hall and Discovery NZ Ltd - 2021-051 (6 September 2021)

The Authority did not uphold a complaint about a segment on 7 Days which made a joke referring to a picture of Prince Philip, shortly after his death. The Authority found the segment did not contain any material outside of what viewers could reasonably expect from the programme (as a long-running comedy show based on finding comedic elements in the news of the week, audiences are well-familiar with its format and style of content and humour), and did not cause any harm justifying the restriction of freedom of expression.

Not Upheld: Good Taste and Decency

Harter and Discovery NZ Limited - 2021-049 (6 September 2021)

The Authority declined to determine a complaint about a promo of The Project as the complainant is responsible for identifying the programme the subject of his complaint1 and his complaint did not appear to relate to the identified broadcast content.

Declined to determine: Good Taste and Decency, Children’s Interests, Discrimination and Denigration

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