BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Lobb and Television New Zealand Ltd - 2017-013 (26 April 2017)

An episode of Shortland Street featured a storyline about the developing relationship of a young same-sex couple, and included several scenes of the two kissing, including shots of them from the waist up in bed together. The Authority did not uphold a complaint that these scenes breached the good taste and decency and children’s interests standards. The Authority acknowledged there is value in programmes such as Shortland Street, which provides entertainment and reflects contemporary society and evolving social issues and attitudes. Shortland Street is a PGR-classified medical drama series that has screened in the 7pm timeband for many years. It is well known for featuring adult themes. In that context the level of sexual content did not threaten current norms of good taste and decency, nor would be likely to adversely affect any child viewers. The depiction of kissing in itself did not go beyond what is expected of the PGR classification, and no further sexual activity was shown. Given the nature of the programme and the PGR classification, any child viewers could reasonably be expected to be under adult supervision, and viewers were given the opportunity to make a different viewing choice for themselves and their children.  

Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration, Privacy 

McLean and Television New Zealand Ltd - 2017-015 (26 April 2017)

An item on 1 News reported on John Key’s resignation and the legacy he would leave behind after his term as Prime Minister. The item covered a number of significant events during Mr Key’s time in office, including his involvement in deploying troops to Afghanistan and Iraq, the Trans-Pacific Partnership trade deal, the Christchurch and Kaikoura earthquakes, and the flag referendum (among others). The Authority did not uphold a complaint that this item was misleading and unfair in describing Mr Key’s legacy. The selection of events to include in, and the overall tone of, the item were matters of editorial discretion open to the broadcaster. In the context of a brief summary of highlights from Mr Key’s career, the audience would not have expected an in-depth discussion or analysis of the events discussed. The item, while at times critical, did not stray into personal abuse of Mr Key and the item was accurate in describing events that occurred during Mr Key’s term as Prime Minister.

Not Upheld: Balance, Fairness, Accuracy

Kiddle and Television New Zealand Ltd - 2017-008 (26 April 2017)

An item on 1 News reported on the humanitarian crisis in Damascus following disruption of water supplies, caused by fighting between the Syrian army and rebel forces. During the item, the reporter said, ‘The outage came after the government attacked rebels holding the city’s main water source’. The Authority did not uphold a complaint that this item was biased and misleading by allegedly attributing blame for the water outages to President Bashar al-Assad, rather than the rebel forces. In the context of a brief item focused on the humanitarian impact of the conflict, the statement made by the reporter was a reasonable description of what occurred, and the omission of further information or different sources would not have left viewers misled or uninformed about the events covered by the item. 

Not Upheld: Accuracy, Balance   

Campbell and MediaWorks TV Ltd - 2017-019 (26 April 2017)

A promo for the latest season of 7 Days showed comedians featured on the programme preparing the show’s host for the ‘potentially hostile environment’, by heckling and pelting him with objects. The Authority did not uphold a complaint that this promo trivialised the issue of bullying. The promo was a parody sketch of the type of heckling typically made by contestants during an episode of 7 Days, and common to live comedy programmes of this genre. It sought to recreate this live comedy environment in a humorous, satirical and highly exaggerated way, and in this context, the promo did not condone, encourage or trivialise bullying behaviour.

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

Foster and Television New Zealand Ltd - 2017-009 (26 April 2017)

An item on 1 News reported on the then President-Elect Donald Trump’s meeting with rapper Kanye West, and President-Elect Trump’s choice for Secretary of State, Rex Tillerson. At the end of the item, the newsreader stated, ‘And Trump has also chosen a climate change denier, former Texas Governor Rick Perry, to become his Secretary of Energy’. The Authority did not uphold a complaint that the term ‘climate change denier’ was deeply offensive to all climate change sceptics, particularly because it linked them to ‘Holocaust deniers’, and was inaccurate and unbalanced. ‘Climate change sceptics’ are not a recognised section of the community to which the discrimination and denigration standard applies. In any event, the term was used in this item merely to describe a particular perspective on the issue of climate change. The term did not amount to a material point of fact in the item, nor did it amount to a discussion of a controversial issue of public importance. Therefore the requirements of the accuracy and balance standards were not triggered.

Not Upheld: Discrimination and Denigration, Accuracy, Balance

Sheerin and MediaWorks TV Ltd - ID2017-022 (26 April 2017)

A Newshub bulletin featured five separate items which the complainant considered related to the United States. The Authority declined to determine a complaint about the ‘sheer volume’ of news stories from the US, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards.

Declined to Determine: Balance, Programme Information 

Morton and Television New Zealand Ltd - 2017-004 (19 April 2017)

On 14 November 2016, in a 1 News special update, the newsreader updated viewers on events surrounding a 7.8 magnitude earthquake centred near Kaikoura that occurred just after midnight that day. The newsreader stated, ‘there has been another quake-related death at Mt Lyford; that is after someone suffered a heart attack’. The Authority did not uphold a complaint from the partner of the person who died at Mt Lyford that this statement was inaccurate given that his partner had died from earthquake-related injuries, but not a heart attack. The Authority acknowledged these were distressing circumstances for the complainant. It also emphasised, however, the high public interest in the broadcast and the role of the media in providing information to New Zealanders following a significant natural disaster. The Authority found the broadcaster made reasonable efforts in the circumstances to ensure the accuracy of the statement by relying on information provided to it by emergency services. While precise verification was not available at the time of this broadcast, TVNZ ceased referring to a heart attack as the cause of death once it became aware earlier information provided to it may not have been correct. The fairness standard was not applicable in the circumstances.

Not Upheld: Accuracy, Fairness (Action Taken)

Ferrabee and Television New Zealand Ltd - 2016-090 (19 April 2017)

An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed. The Authority upheld a complaint that the item was unfair and misleading, finding that the reporting of the email extract gave the impression that Mr Skinner had chosen to intentionally remove the purchaser’s right to have the title checked, and did not reflect the other protections available to the purchaser in the SPA. The negative impression created by the item was disproportionate and unfair to Mr Skinner, and undue focus was given to him in the context of the item as a whole. The item did not discuss a controversial issue of public importance that triggered the balance standard.

Upheld: Fairness, Accuracy; Not Upheld: Balance

No Order 

Crow and MediaWorks TV Ltd - ID2017-010 (19 April 2017)

The complainant referred to the Authority a formal complaint about the film Fifty Shades of Grey, which was broadcast on TV3 at 8.30pm on Sunday 22 January 2017. The broadcaster argued that the original complaint had been received prior to the broadcast of the film, and so did not constitute a valid formal complaint (and therefore could not be referred to the Authority). To support its position, the broadcaster referred to the time stamp on the automatic acknowledgement email, which is sent to both the complainant and the broadcaster at the time the complaint is lodged. This time stamp read ‘22 January 2017 at 20:25’ (being five minutes before the film was broadcast). The Authority found that the broadcaster was entitled to rely on this time stamp, and that a valid formal complaint was not lodged with the broadcaster (as it concerned a programme which had not yet been broadcast). The Authority therefore did not have jurisdiction to accept the complainant’s referral.

Declined jurisdiction 

Right to Life and Radio New Zealand Ltd - 2017-007 (19 April 2017)

An interview was broadcast on Saturday Morning with the President of Catholics for Choice (CFC). He spoke about CFC’s position, and his own views, on contraception, marriage equality and abortion, contrasting these views with the Catholic Church’s stance on these topics. The Authority did not uphold a complaint made by Right to Life that a representative of the Catholic Church should have been given the opportunity to respond to the ‘allegations’ made by the CFC President. The item was introduced and presented from the narrow perspective of CFC, which did not represent the views of all Catholics or of the Church hierarchy, and this was made clear during the interview. The Authority considered that most listeners would have been broadly aware of the Catholic Church’s stance in relation to the topics discussed and a rebuttal was not required to balance the interview. The Authority also did not uphold the fairness complaint, as the connection between CFC, Family Planning and Planned Parenthood was clearly outlined at the beginning of the item, and the item did not result in unfairness to the Catholic Church.

Not Upheld: Balance, Fairness 

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