BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Scarlett and Television New Zealand Ltd - 2021-043 (21 July 2021)

In a Seven Sharp item, a presenter expressed his surprise by asking an interviewee ‘how the bejesus did a snake get into New Zealand’. The Authority did not uphold a complaint the item breached the good taste and decency standard. While acknowledging terms such as ‘Jesus’ and its variations like ‘bejesus’ may be offensive to some, the Authority found expressions of this nature used as exclamations, will not likely cause widespread undue offence or distress, or undermine widely shared community standards.

Not Upheld: Good Taste and Decency

Maysmor and Discovery NZ Ltd - 2021-048 (21 July 2021)

The Authority has not upheld a complaint about multiple images of needles and vaccinations being performed shown in two Newshub Live at 6pm items reporting on COVID-19. The Authority found the images were unlikely to cause widespread undue offence. There is a high public interest and value in news reporting about the vaccination programme. In the context of a news item, the images would not adversely affect child viewers. The balance standard did not apply.

Not Upheld: Good taste and decency, Children’s interests, Balance

Kane and NZME Radio Ltd - 2021-031 (21 July 2021)

The Authority has not upheld a complaint about comments made by Jack Tame during his morning show including the statement ‘Māori don’t just deserve special treatment, but are contractually guaranteed a form of special treatment under the Treaty’. The Authority found, in context, the comment amounted to analysis to which the accuracy standard does not apply. The comment was not the focus of the discussion, and an opinion-based segment such as this is not required to provide alternate perspectives under the balance standard. The remaining standards did not apply.

Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness

Oluwole and NZME Radio Ltd - 2021-023 (21 July 2021)

The Authority has not upheld a complaint about comments made by a caller on Newstalk ZB’s Tim Roxborogh show. The caller was explaining why he ‘fell out of love with Cuba’ and expressing disbelief that a place so close to the United States could be characterised by what he described as ‘poverty and the sheer nothingness of everything’, also saying, ‘you’re not in Africa… you are 90 miles from America’. The complaint was that this remark equated the entire African continent and its people with poverty, was discriminatory, and was not challenged by the host. The Authority acknowledged the complainant’s concerns, but found the passing reference by a caller did not reach the high threshold for a breach of the discrimination and denigration standard.

Not Upheld: Discrimination and Denigration

Hawke’s Bay Regional Council and Radio New Zealand Ltd - 2021-029 (15 July 2021)

The Authority has not upheld a complaint alleging an item on Morning Report misrepresented the Hawke’s Bay Regional Council’s views responding to iwi concerns about groundwater issues, including why local streams were drying up, and did not properly examine the complexity of the issues. The Authority found no breach of the balance standard as the item focused on one aspect of the issue and was clearly presented from the iwi’s perspective, and there is ongoing coverage of various viewpoints on the topic.

Not Upheld: Balance

Collie and NZME Radio Ltd - 2021-008 (15 July 2021)

During Mike Hosking Breakfast on Newstalk ZB, Mike Yardley (standing in for Mr Hosking) briefly mentioned the flouting of COVID-19 rules by two named Sky News UK journalists and stated: ‘veteran journalist Adam Boulton is also involved in this’. The Authority did not uphold a complaint the broadcast breached the accuracy standard by misleading listeners to believe Mr Boulton was one of those who flouted the rules. The Authority acknowledged that, without further clarification, the broadcast may have created that impression. However in all the circumstances the potential harm in a New Zealand broadcasting context was not at a level justifying regulatory intervention.

Not Upheld: Accuracy

Palestine Solidarity Network Aotearoa and Television New Zealand Ltd - 2021-028 (15 July 2021)

The Authority has not upheld a complaint about an item on 1 News reporting on COVID-19 vaccine rollouts. The Authority found, in the context of the broadcast, the statistics cited in relation to Israel’s vaccine rollout were accurate. A discussion of access to vaccines in Israel by Palestinians was not material to the item and its omission would not have misled viewers. The remaining standards did not apply to the broadcast or issues raised in the complaint.

Not Upheld: Accuracy, Balance, Fairness

New Zealand Defence Force and Radio New Zealand Ltd - 2021-024 (15 July 2021)

The Authority has not upheld a complaint from the New Zealand Defence Force (NZDF) about an interview with Nicky Hager discussing the results of an Australian enquiry into its Defence Force and the implications for the NZDF. The Authority noted the high public interest in the broadcast and found that as it was clearly coming from Mr Hager’s perspective and other news bulletins signalled other views, the balance standard was not breached. The broadcast was not unfair to the NZDF. It is a government agency that can reasonably expect public scrutiny. In addition, comment from the Defence Minister was sought and included in later news bulletins.

Not Upheld: Balance, Fairness

Cant and Television New Zealand Ltd - 2021-030 (15 July 2021)

The Authority has not upheld a complaint about a 1 News item looking at the housing crisis on Waiheke Island. One affected resident who was interviewed said he ‘[felt] like a gypsy wandering around, living out of suitcases and boxes’. The complaint was that the use of the word ‘gypsy’ was derogatory and evokes prejudicial biases towards the Roma community. While the Authority has previously acknowledged the potential harm in the use of the word, in this particular context it did not outweigh the interviewee’s right to express himself and describe his experience. This expression and the item as a whole carried high value and public interest and did not warrant regulatory intervention or restricting the important right to freedom of expression.

Not Upheld: Discrimination and Denigration

NH and Radio Virsa - 2020-164 (29 June 2021)

The majority of the Authority has not upheld a privacy complaint about an item on Asliyat responding to petitions made in opposition to Radio Virsa staff, in relation to Gurdwara management and the sale of a Gurdwara property. The host called into question the righteousness of the petitioners as Sikhs, including the complainant’s son, who the host identified as someone at the centre of a family scandal (which included issues of drug addiction and allegations of theft and other ‘bad things’). The complainant submitted the broadcast identified his son and disclosed private information in a way that was highly offensive and damaging to the reputation of his son and son’s family. Based on the information disclosed, the majority of the Authority found the complainant’s son was not identifiable beyond family and close friends who would reasonably be expected to know about the matter dealt with in the broadcast. The minority view was that the information disclosed enabled listeners, beyond family and close friends who would reasonably be expected to know about the issues discussed, to identify the complainant’s son, and this information had the quality of private information whether or not all of it was true, such that the disclosure breached the privacy standard.

Not Upheld by Majority: Privacy  

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