BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Pearce and NZME Radio Ltd - 2020-109 (28 January 2021)

The Authority did not uphold an accuracy complaint about Mike Hosking’s comments on the COVID-19 testing regime during his ‘Mike’s Minute’ segment on Newstalk ZB. The complaint was that the segment was inaccurate and misleading, for example by suggesting the Prime Minister was encouraging COVID-19 testing to scare the public and as a political ploy. The Authority found the statements made by Mr Hosking were expressions of his own opinion and analysis to which the accuracy standard did not apply.

Not Upheld: Accuracy

McDonald and Discovery NZ Ltd - 2020-084 (28 January 2021)

The Authority has not upheld a complaint that statistics given in a news item about a drug used to successfully treat some COVID-19 patients were inaccurate. The statistics were drawn from a press release from the Chief Investigators of the medical trial and were materially accurate and not misleading.

Not Upheld: Accuracy

McDonald and Discovery NZ Ltd - 2020-102 (28 January 2021)

The Authority did not uphold a complaint about a Newshub item interviewing two ‘dare-devils’ who engage in ‘roof-topping’, an activity which the New Zealand Police issued a ‘stern’ warning about. The Authority found the item did not actively promote or glamorise illegal behaviour as it was made clear the activity was illegal and ill-advised. The remaining standards either did not apply or were not breached in the context.

Not Upheld: Law and Order, Children’s Interests, Good Taste and Decency, Alcohol, Balance

Decke and Discovery NZ Limited - 2020-076 (21 December 2020)

In an episode of The AM Show, Opposition Leader Hon Judith Collins suggested a fellow interviewee should stop talking or she would give him a bruised nose (like she had at the time). The Authority did not uphold a complaint that the broadcast breached the violence standard. The Authority found Ms Collins’ comment justified by context and unlikely to incite or encourage violence against men.

Not Upheld: Violence

Holswich and Discovery NZ Limited - 2020-113 (21 December 2020)

The Authority has not upheld a complaint about a segment on Newshub which stated, ‘The White House has reportedly asked about adding President Trump's face to the famous granite carvings at the Mount Rushmore National Memorial’. The complainant submitted the news was fake and Mr Trump had already confirmed this before the broadcast. The Authority noted the statement was qualified by the word ‘reportedly’, and was accurate to the extent such reports had been made. While the segment carried little value in terms of public interest, the Authority found viewers were unlikely to have been misled.

Not Upheld: Accuracy

Cable and Television New Zealand Ltd - 2020-110 (21 December 2020)

The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply.

Not Upheld: Fairness, Balance, Discrimination and Denigration

Judge and Television New Zealand Ltd - 2020-108 (21 December 2020)

The Authority has not upheld a complaint about an episode of New Zealand Hunter Adventures featuring two groups of duck shooters in New Zealand. The episode included footage of people, including young people, using firearms, shooting ducks, celebrating successful shots, holding and plucking dead ducks, and showcasing hunting gear and equipment. Taking into account the relevant contextual factors including the programme’s classification, target audience and audience expectations, the broadcast did not breach the good taste and decency, children’s interests or violence standard.

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

Hessell and Television New Zealand Ltd - 2020-051 (21 December 2020)

The Authority has upheld a complaint that an episode of 20/20 aired on free-to-air television on a Sunday at 9am, detailing serial killer Ted Bundy’s crimes, motivations, and background, breached the children’s interests and programme information standards. The Authority noted that the broadcast presented in detail some potentially distressing and disturbing content, and themes including sexual violence and perversion, murder, and abduction, without any audience advisory or warning for this content. Additionally, the Authority considered the content and themes were suited for broadcast during the M timeband (suitable for a mature audience), rather than during PG time (which indicated the content was not necessarily unsuitable for child viewers under adult supervision). Viewers were not given sufficient information or signposting about the programme’s likely content to enable them to make informed choices about whether they, or children in their care, should view the broadcast. The Authority therefore found that the potential harm arising from the broadcast, particularly in relation to child viewers, outweighed the broadcaster’s right to freedom of expression on this occasion.

Upheld: Children’s Interests, Programme Information.

Orders: Section 16(4) – $750 costs to the Crown

Filmer and MediaWorks Radio Limited - 2020-080 (21 December 2020)

The Authority did not uphold a complaint that a spoof of OMC hit song ‘How Bizarre’, in which the singer mimicked the original artist’s accent, breached the discrimination and denigration standard. The Authority found the accent used was an attempt to imitate the distinctive singing voice of Mr Fuemana and sound of ‘How Bizarre’, in the spirit of spoofing the song itself, rather than an attempt to imitate a specifically Māori or Pacific Island English accent. It did not encourage discrimination against or denigration of Māori or Pacific Islanders.

Not Upheld: Discrimination and Denigration

Bowkett and Discovery NZ Ltd - 2020-103 (21 December 2020)

The Authority has not upheld a complaint regarding the question ‘How can anyone trust anything that you say?’ put to Dr Ashley Bloomfield, Director-General of Health, following the positive tests of two women who were released from managed isolation on compassionate grounds. Dr Bloomfield’s answers to the question (which was posed twice) were shown on-air. Viewers would not have been left with an unduly negative impression of him. As a public health official he is reasonably subject to robust scrutiny, especially during a pandemic. The fairness standard was accordingly not breached and the remaining standards did not apply.

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

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