BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Boyce and Radio New Zealand Ltd - 2020-005 (27 May 2020)

The Authority did not uphold a complaint about comments made separately by two RNZ commentators to the effect that the UK Labour Party Leader Jeremy Corbyn has ‘terrorist connections’. The complainant submitted the comments breached the balance and accuracy standards, on the basis it was wrong and offensive to suggest Mr Corbyn is a Marxist and supports terrorism, and Nine to Noon refuses to interview anyone sympathetic towards the UK Labour Party. The Authority found the comments were clearly distinguishable as comment, analysis and opinion, rather than statements of fact to which the accuracy standard applied. The Authority also found the items, in which the commentators gave their analysis of the likely and eventual outcome of the British election, did not amount to discussions of a controversial issue of public importance in New Zealand.

Not Upheld: Accuracy, Balance

Bidwell and Radio New Zealand Ltd - 2020-003 (27 May 2020)

The Authority has not upheld a complaint that an interview with ACT Party leader David Seymour, on the day of the final reading in Parliament of the End of Life Choice Bill, was unbalanced. The complainant submitted that Mr Seymour was given free licence to give his views from his perspective as the sponsor and a strong advocate of the Bill, and it was important that either someone with opposing views was also given an opportunity, or that the interviewer critically questioned him, given the item’s proximity to the final reading of the Bill. The Authority accepted that issues surrounding the Bill and the euthanasia debate more broadly amounted to a controversial issue of public importance that triggered the requirements of the balance standard. However, it noted the balance standard allows for significant viewpoints to be presented over time (within the period of current interest), and the Authority was satisfied the issue was widely covered in the months preceding the second and third (final) reading of the Bill, including presenting opposing views. Additionally, the Authority found both the interviewer and Mr Seymour acknowledged the existence of alternative perspectives within the item.

Not Upheld: Balance

HS and MediaWorks Radio Ltd - 2019-112 (27 May 2020)

The Authority has not upheld a complaint that the action taken by MediaWorks in response to a breach of the fairness standard during a segment of Jay-Jay, Flynny and Jase Driving You Home was insufficient. The segment featured host Flynny telling a story about an ‘embalmer’ who had embalmed their cat after it passed away. The Authority agreed that the complainant was unfairly treated by the broadcaster in breach of the fairness standard. However, the Authority found the action taken by the broadcaster, which included a direct apology to the complainant, and counselling of the hosts concerned, was proportionate to the breach. The Authority also found that the broadcast was unlikely to cause widespread undue offence or distress and that the complainant’s privacy was not breached as they were not identifiable in the broadcast.

Not Upheld: Fairness (Action Taken), Good Taste and Decency, Privacy

Arps and MediaWorks TV Ltd - 2019-073B (7 May 2020)

The Authority did not uphold a complaint that a Newshub segment that discussed the potential rise of far-right ideology in New Zealand breached the balance and accuracy standards. The Authority found that the segment was balanced as it contained multiple points of view. The Authority also found that the presenter’s reference to the complainant as a ‘white supremacist’ was a statement of analysis and opinion to which the accuracy standard does not apply.

Not Upheld: Balance, Accuracy

Dewhurst and MediaWorks TV Ltd - 2019-109 (7 May 2020)

A complaint that an episode of The AM Show breached the balance standard was not upheld. The episode featured multiple segments that addressed various climate change related issues including interviews with a Fonterra representative about its sustainable farming practices, an interview with sailors Peter Burling and Blair Tuke about their marine conservation initiative ‘Live Ocean’ and a panel discussion about the recently founded Sustainable New Zealand Party. The Authority found that while climate change issues are controversial issues of public importance, none of the segments amounted to unbalanced discussions for the purposes of the standard.

Not Upheld: Balance

Gibson and Television New Zealand Ltd - 2019-117 (7 May 2020)

In a 1 News report on the ruling of the UK Supreme Court that Prime Minister Boris Johnson’s decision to suspend Parliament for five weeks was unlawful, a statement was made in the introduction of the item that Boris Johnson had ‘lied to the Queen’. TVNZ upheld the complaint that the statement was inaccurate, apologised to the complainant and held discussions with the news team to ensure that systems were put in place to reduce the risk of inaccurate reporting. The Authority did not uphold a complaint that the action taken by TVNZ was insufficient, finding that the action was appropriate and proportionate to the breach identified.

Not Upheld: Accuracy (Action Taken)

Arps and Television New Zealand Ltd - 2019-073A (7 May 2020)

The Authority did not uphold a complaint that a 1 News segment breached the discrimination and denigration and balance standards. The Authority found that people who hold the views represented in the segment do not amount to a ‘recognised section of the community’ for the purposes of the discrimination and denigration standard. The Authority also found that, while the broadcast discussed a controversial issue of public importance, it was balanced by the inclusion of multiple points of view from several parties.

Not Upheld: Discrimination and Denigration, Balance

Torrey & Mayell and Television New Zealand Ltd - 2019-102 (7 May 2020)

A 1 News item reported on the confessions of a man identified as America’s most prolific serial killer, Samuel Little. The Authority did not uphold complaints that the inclusion of a statement by the man breached the good taste and decency, children’s interests and violence standards. The Authority determined that the content was justified by context and in the public interest. The Authority acknowledged the high value in news and current affairs reporting and noted that the introduction to the item (which included reference to a ‘chilling’ police interview) was adequate to inform viewers of the nature of the coverage enabling them to adequately protect themselves and their children from the content by choosing not to watch. However, the Authority noted that where broadcasters provide audience advisories about potentially challenging content through a programme host’s introduction, it is important that the introduction is factual and captures the nature of the content to come.

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

Woolrych & Glennie and NZME Radio Ltd - 2019-100 (23 April 2020)

The Authority did not uphold two complaints that comments made by Mike Hosking during his Mike’s Minute segment breached the discrimination and denigration and accuracy standards. Discussing two recent immigration policy decisions by the Government, Mr Hosking commented, ‘discrimination is no bad thing’ and, ‘Where do too many of the radicalised nutters come from? That particular part of the planet [Africa and the Middle East]... We don’t want to take the risk of a poor-ish person’s parent arriving – so why a jihadist?’ The Authority acknowledged the complainants’ concerns that Mr Hosking’s choice of language was inflammatory. However, it found that in the context of the item, which carried public interest, the comments complained about were brief and moderated by the remainder of the item. Mr Hosking was expressing his genuinely held opinion on a legitimate issue, rather than being malicious or nasty. Therefore the comments did not reach the high threshold for encouraging discrimination or denigration, and did not warrant limiting the right to freedom of expression. The Authority also found Mr Hosking’s comments were distinguishable as analysis, comment and opinion so the accuracy standard did not apply.

Not Upheld: Discrimination and Denigration, Accuracy

Bamber and MediaWorks TV Ltd - 2019-096 (23 April 2020)

The Authority has not upheld a complaint that a remark about suicide made by Mr Burns at the end of The Simpsons Movie was in breach of the good taste and decency, children’s interests and violence standards. The Authority acknowledged that the remark pushed the boundaries of the G (General) classification and recognised the need for broadcasters to take particular care when addressing subjects such as suicide. However, noting the nature of, and audience expectations for, The Simpsons as well as the nature and position (within the credits) of the remark, the Authority concluded that the programme was unlikely to cause widespread undue offence or distress or to be unduly harmful or disturbing to children. The Authority also noted that there were no scenes of violence depicted.

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

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