BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Newlove and NZME Radio Ltd - 2019-052 (10 October 2019)

The Authority has not upheld a complaint that a radio host’s description of a rugby match between the Blues and the Crusaders as ‘a battle of good versus evil’ breached broadcasting standards. The Authority found that the comment was used to describe a competitive sporting rivalry between the Blues and the Crusaders and in context it was not likely to cause undue distress or harm. The Authority determined that the comment was not unfair to the Crusaders as it was a general comment about the nature of the match, and that there was no identified section of the community for the purposes of the discrimination and denigration standard. The Authority also emphasised the importance of freedom of expression and the value of hearing the authentic New Zealand voice.

Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration

Hayes and Radio New Zealand Ltd - 2019-047 (10 October 2019)

The Authority has not upheld a complaint that quotes from the book ‘Everything is F*cked’ by Mark Manson, broadcast as part of a review of that book, breached the good taste and decency, programme information and violence standards. The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the nature of the item was clearly signalled by the introduction, and the quotes were contextualised by the reviewer who was using them as examples to emphasise and support his criticism of the book. This enabled listeners to make an informed decision about their listening and that of children in their care. Taking into account contextual factors, such as the adult target audience of Nine to Noon and RNZ National, the broadcast was unlikely to unduly distress or disturb listeners, and children were unlikely to have been listening.

Not Upheld: Good Taste and Decency, Programme Information, Violence

Singh and Television New Zealand Ltd - ID2019-050 (30 September 2019)

The Authority received a complaint about a promo for a scheduled programme Seven Sharp which was viewed on TVNZ’s Facebook page. The Authority declined to determine the complaint under s11(b) of the Broadcasting Act 1989. The Authority acknowledged that it raised complex issues of jurisdiction arising from the online environment, which had not yet been determined by the Authority. Taking into account its assessment of the substance of the complaint, which it considered was unlikely to result in a finding of a breach of standards, the Authority declined to determine the complaint.

Declined to determine: Violence, Law and Order, Discrimination and Denigration

Staples & Claims Resolution Service Ltd and Television New Zealand Ltd - 2019-038 (30 September 2019)

The Authority did not uphold a complaint that an episode of Sunday about legal proceedings brought against Claims Resolution Service Ltd breached the accuracy or fairness standards. The programme discussed the service provided by Bryan Staples and Claims Resolution Service Ltd to Christchurch home owners looking for help to resolve claims with their insurance companies and the Earthquake Commission after the Canterbury earthquakes. The Authority found that none of the statements made about the proceedings raised by the complainants were inaccurate or misleading. The Authority also found that the edited version of a phone call between Mr Staples and John Campbell that was broadcast fairly and accurately reflected the tenor of the views expressed by Mr Staples. Finally the Authority found that TVNZ gave Mr Staples a fair and reasonable opportunity to comment prior to the broadcast.

Not Upheld: Accuracy, Fairness

Sta. Lucia and MediaWorks TV Ltd - 2019-048 (30 September 2019)

The Authority has not upheld a complaint that an episode of Love Island UK, aired at 5pm and classified G, breached the children’s interests standard. The Authority noted that the episode of Love Island UK was heavily edited to meet the G classification required for the 5pm timeslot and was not the same as the extended version of the programme available online on ThreeNow. The Authority found that in the context in which it was aired the broadcast did not cause harm at the level that justified intervention by the Authority. While the episode of Love Island UK contained some mature themes, and may not reflect values that all parents and caregivers would endorse for children in their care, it did not contain content that would alarm or distress children to the extent justifying intervention. The Authority identified that the name of the programme, the scheduling of it between news programmes targeted at a mature audience, the information about the programme provided in the electronic programme guide, and the likely and target audience were relevant contextual factors. The programme was not designed to attract children and screened between programmes that would not generally interest children. The Authority found that the audience would have had enough information to make an informed decision about their viewing or the viewing of children in their care.

Not Upheld: Children’s Interests

Phillips and Racing Industry Transition Agency - ID2019-044 (17 September 2019)

The BSA has jurisdiction to consider complaints about a programme that has been simultaneously broadcast on television and streamed on the internet (simulcasts). The BSA does not have jurisdiction to consider complaints about YouTube content that is available on demand, as on demand content is excluded from the definition of broadcasting under the Broadcasting Act 1989. The Authority determined that the complaint should be considered under the Pay Television Code.

Jurisdiction accepted

Pepping and Television New Zealand Ltd - 2019-040 (17 September 2019)

A complaint that a news item which included blurred clips of a politician in a strip club breached the children’s interests standard has not been upheld. The Authority found that the short news item contained brief and inexplicit clips from inside the strip club which were shown in the context of a news item about Australian politics. Generally audiences are aware of the need to exercise discretion during news programming to regulate their own and their children’s viewing. The Authority found that due to audience expectations of 1 News, which is an unclassified news and current affairs programme, the brevity of the clip and blurring applied, the public interest, and the focus of the item being on Pauline Hanson’s response to the resignation of a party candidate, the item would not cause undue harm to children.

Not Upheld: Children’s Interests

Right To Life New Zealand and Mediaworks TV Ltd – 2019-041 (17 September 2019)

A complaint that a segment on The Project which discussed the delay in abortion legislative reform and the current process for obtaining a legal abortion in New Zealand was discriminatory, unbalanced and misleading was not upheld. The Authority found that the item did not breach the discrimination and denigration standard as people who are opposed to this reform and ‘the unborn’ do not amount to recognised sections of the community for the purposes of the standard. The Authority also found the item clearly approached this topic from a particular perspective and that viewers could reasonably be expected to have a level of awareness of significant arguments in the debate.

Not Upheld: Discrimination and Denigration, Balance, Accuracy

Stubbs and Radio New Zealand Ltd - 2019-049 (17 September 2019)

The Authority did not uphold a complaint that an item on Morning Report discussing the possible boycott of the Tuia – Encounters 250 commemorations was unbalanced, inaccurate and unfair. The Authority found the item was balanced through the presentation of alternative perspectives and the existence of significant media coverage within the period of current interest. The Authority also found the broadcast did not contain any material inaccuracy with respect to Captain Cook’s first arrival in New Zealand. Finally, the Authority found the fairness standard did not apply as the complainant did not identify any person or organisation who took part in or was referred to in the broadcast who was treated unfairly.

Not Upheld: Accuracy, Balance, Fairness

Wratt and MediaWorks TV Ltd - 2019-031 (17 September 2019)

The Authority declined to determine a complaint regarding a news item covering animal welfare in rodeos. David Wratt complained that the item, which covered loss of animal life in rodeos, should focus on the deaths of babies as human life is more valuable than animal life. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by a complaints procedure. The Authority considered that, in all circumstances of the complaint, it should not be determined by the Authority. 

Declined to Determine: Good Taste and Decency; Programme Information; Discrimination and Denigration; Balance; Fairness

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