BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Gibbs and Radio New Zealand Ltd - 2016-091 (8 March 2017)

An item on Sunday Morning with Wallace Chapman, titled ‘Abortion and Civil Liberties – the Thames Stand-Off’, discussed ‘pro-life’ protestors, Voice for Life, and their longstanding protests outside Thames Hospital. The Authority did not uphold a complaint that the presenter was biased and that his treatment of the ‘pro-life’ representative was negative, unfair and unbalanced in comparison to his treatment of the ‘pro-choice’ representative. The Authority found that Mr Chapman’s treatment of the interviewees did not result in an unbalanced broadcast, as both perspectives on the debate were adequately put forward during the programme. While Mr Chapman’s questioning of the ‘pro-life’ representative was robust, his criticisms related to the Voice for Life group as a whole, and he did not attack the interviewee personally or come across as abusive towards her, such that she was treated unfairly. The allegedly inaccurate statement made by Mr Chapman represented his interpretation of the issues discussed, and as such could be distinguished as analysis, comment or opinion, rather than a point of fact subject to the accuracy standard.

Not Upheld: Balance, Fairness, Accuracy 

Saunders and NZME Radio Ltd - 2016-089 (16 February 2017)

During the Leighton Smith Show, presenter Leighton Smith, in relation to a headline regarding Pope Francis’ warning to then President-elect Donald Trump, ‘do not back away from UN climate pact’, said, ‘I don’t want to offend, certainly not insult, any Catholics listening, but how did you end up with this tosser?’ The Authority did not uphold a complaint that this comment was derogatory, crude and demeaning. Mr Smith was entitled to express his opinion on the Pope’s stance on climate change and while his comment was considered offensive by the complainant, in the context of a talkback radio show, the Authority did not consider it undermined current norms of good taste and decency. The comment did not breach the other broadcasting standards raised by the complainant, as it reflected Mr Smith’s opinion, did not discriminate or denigrate against a section of the community, and as a public figure speaking publicly on a controversial issue, Pope Francis could have expected commentary and criticism and was therefore not treated unfairly by Mr Smith.

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

Golden and Television New Zealand Ltd - 2016-088 (16 February 2017)

An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘Selling Ourselves Short’, focused on the topic of New Zealand’s economy, comparing our standard of living today with the 1960s-70s. The episode examined some of New Zealand’s traditional and upcoming export industries, such as dairy farming, forestry, pharmaceuticals, technology and fashion, and featured interviews with farmers, business owners, economists and academics. At the beginning of the episode, Mr Latta stated, ‘We’re rated as one of the best places in the world to do business and we’re not corrupt.’ The Authority did not uphold a complaint that Mr Latta’s statement was inaccurate and that the episode was unbalanced because it did not address New Zealand’s ‘extensive corruption’ as a reason for our underperforming economy. Mr Latta’s statement was not a material point of fact in the context of the episode as a whole and his brief mention of corruption did not amount to a discussion of a controversial issue of public importance that triggered the requirements of the balance standard.

Not Upheld: Accuracy, Balance, Fairness  

Hurley and Television New Zealand Ltd - 2016-083 (10 February 2017)

An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘The New New Zealand’, focused on the topic of immigration. The episode looked at common perceptions of immigration in New Zealand and featured interviews with the Chief Executive of Immigration New Zealand, an immigration consultant, two academic consultants and the Chief Economist at Business and Economic Research Limited (BERL), as well as a number of immigrants to New Zealand from China, India and the UK. The Authority did not uphold a complaint that alternative points of view were omitted from the item. This episode of The Hard Stuff carried high public interest and had high value in terms of the exercise of freedom of expression. It was sufficient, in the context of a series presented as being from a particular host’s perspective, for the episode to raise and acknowledge alternative viewpoints, without providing extensive details of those views. The Authority found that the programme was sufficiently balanced for viewers to make up their own minds about the validity of the arguments offered in favour of, and against, immigration.

Not Upheld: Balance

Garrett and Television New Zealand Ltd - 2016-084 (10 February 2017)

A ONE News item reported on a protest organised by the Sensible Sentencing Trust, which carried a petition in the name of a deceased child, demanding changes to the rules around plea bargaining. The reporter stated, ‘the protestors chose disgraced ex-MP David Garrett to deliver that message to MPs… Garrett resigned from Parliament six years ago for stealing the identity of a dead infant…’ The Authority did not uphold Mr Garrett’s complaint that this statement was misleading, as it implied the incident being referred to occurred six years ago, as well as being unbalanced and unfair to him. The Authority found the comment was not misleading, but emphasised that Mr Garrett’s resignation occurred six years ago, which was correct. The Authority acknowledged that individuals ought to be entitled to move on with their lives without past indiscretions remaining the subject of media attention, but found that the reference to Mr Garrett’s history was an inevitable consequence of his decision to participate in a material way in this particular public protest. As Mr Garrett’s involvement in the protest was not the focus of the item, his view or other balancing material was not required.

Not Upheld: Accuracy, Fairness, Balance

Judge and Television New Zealand Ltd - 2016-068 (19 January 2017)

An item on Seven Sharp discussed a five-week, outdoor ‘life skills’ camp held for high school students on Great Barrier Island. Footage of a sheep being restrained to be killed for food, the sheep’s dead body and blood, and the gutting of the sheep was shown. The Authority did not uphold a complaint that the killing of the sheep was ‘brutal’ and unacceptable for broadcast. While the footage was graphic and would not have appealed to all viewers, it was adequately signposted during the item, which enabled viewers to exercise discretion and decide whether to continue watching. The actual killing of the sheep was not shown, and the footage appeared to show standard, accepted practices of killing animals for food in New Zealand. In the context of an unclassified current affairs programme screened during PGR time and aimed at adults, the footage did not reach the threshold for finding a breach of standards.

Not Upheld: Good Taste and Decency, Violence

Evans and Radio New Zealand Ltd - 2016-080 (19 January 2017)

An item on Sunday Morning featured an interview with journalist Paula Penfold about the recently published book, Don’t Dream It’s Over: Reimagining Journalism in Aotearoa New Zealand. During the interview, Ms Penfold discussed the Stuff Circuit team’s investigation into the death of a teenage girl with Down Syndrome at the Gloriavale Christian community. Ms Penfold referred to the complainant’s documentary, Gloriavale: A Woman’s Place, saying, ‘And I know a little bit about how that works with Hopeful Christian, the leader at Gloriavale. You know, he will insist on editorial control’. The Authority did not uphold a complaint that Ms Penfold’s statements were inaccurate. Ms Penfold’s statement represented her own analysis, comment or opinion, based on her experiences at Gloriavale, and so was not subject to the accuracy standard. While Ms Penfold spoke authoritatively, in the context of her full statement, and the item as a whole, the Authority did not consider that listeners would have interpreted her comments as fact.

Not Upheld: Accuracy 

 

Hyde and Television New Zealand Ltd - 2016-076 (19 January 2017)

A 1 News item reported on an incident involving All Black Aaron Smith. Two witnesses claimed that while on official All Black business, Mr Smith used a disabled toilet in Christchurch Airport for a ‘sexual encounter’ with a woman who was not his partner. The item briefly showed a photo of Mr Smith and his partner. The Authority did not uphold a complaint that the item breached Mr Smith’s partner’s privacy. Information about her identity and her relationship to Mr Smith was publicly known and had already been the subject of widespread media coverage in relation to the incident prior to the broadcast. This was therefore not information over which she had a reasonable expectation of privacy. The 1 News item also disclosed less information about Mr Smith’s partner than other media outlets had already disclosed. The Authority however noted that it does not automatically follow that the partners and families of public figures are also public figures, and due consideration ought to be given to their individual privacy interests.

Not Upheld: Privacy

Begin and Maori Television Service - 2016-075 (19 January 2017)

How to Make Money Selling Drugs, a documentary film about the United States’ drug industry, featured a mock ‘how to’ guide for being a successful drug dealer. The documentary then examined and critiqued the United States’ ‘War on Drugs’. The Authority did not uphold a complaint that the documentary provided ‘information and tips to… potential drug dealers’ and encouraged crime. How to Make Money Selling Drugs was a satirical documentary which used broadcasting devices to gain viewers’ attention and highlight a significant problem in our society. While the documentary may have initially appeared to present positive aspects of drug dealing, it went on to explore the negative consequences, such as incarceration and death. The documentary did not condone drug dealing, and offered alternative solutions to combatting drug use in society. In this context How to Make Money Selling Drugs could not be interpreted as seriously encouraging or instructing viewers to engage in drug dealing, and did not undermine law and order.

Not Upheld: Law and Order

Boswell and Television New Zealand - 2016-073 (19 January 2017)

Various items on Breakfast featured a weather reporter providing weather forecasts from Airbnb accommodation, as part of a competition for viewers to win Airbnb vouchers. During the items, the reporter interviewed three New Zealanders who rented out their accommodation through Airbnb, as well as an Airbnb representative, about the service. The Authority did not uphold a complaint that these items failed to cover key information about Airbnb, resulting in inaccurate and unbalanced broadcasts that were also in breach of the law and order standard. The items were in the nature of advertorials, being programme content that was not news, current affairs, or factual programming to which the accuracy and balance standards applied. In any event, the Authority considered that the level of information provided about Airbnb was appropriate to the series of segments as a whole, which encouraged viewers to enter the Airbnb competition by providing a light-hearted look at the type of accommodation available on Airbnb and how New Zealanders got involved. The items did not purport to be in-depth investigations of Airbnb and its repercussions on the economy, and did not promote illegal activity.

Not Upheld: Accuracy, Balance, Law and Order

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