BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Wilkinson and Radio New Zealand Ltd - 2017-012 (15 May 2017)

An interview was broadcast on Saturday Morning with a Swedish historian and author. During the interview, the presenter allegedly quoted former Finance Minister, Sir Roger Douglas. At the end of the item, the presenter also read out negative and critical comments from listeners about the interview. The Authority did not uphold a complaint that the presenter’s statement, allegedly attributed to Sir Roger Douglas, was inaccurate, and that reading out the comments received was offensive. The statement was not a material point of fact in the context of the item and would not have affected listeners’ understanding of the item as a whole, which was focused on the views and work of the interviewee. Further, listeners were unlikely to have understood the statement to be a direct quote from the former Finance Minister, and would not have been misled. In the context of the item and the programme, the comments read out by the presenter, while critical and expressed in strong or provocative language, did not reach the threshold necessary to breach standards of good taste and decency.

Not Upheld: Accuracy, Good Taste and Decency 

Dove and Sky Network Television Ltd - 2017-016 (15 May 2017)

The music videos for ‘Starboy’ by The Weeknd and ‘Sexual’ by Neiked were screened between 9pm and 10pm on MTV’s Top 20 Hits. The introduction to the music video for ‘Starboy’ featured singer The Weeknd being suffocated to death with a plastic bag. The music video for ‘Sexual’ featured a variety of animated sexual imagery, including animals having sex and a girl lifting her shirt to expose her breasts. The Authority did not uphold a complaint that these videos were offensive and disturbing. It recognised that the content was challenging and understood the complainant’s concerns regarding the graphic content of such music videos and their impact on young audiences. However, the videos were classified 16C and broadcast between 9pm and 10pm on a Sunday evening, and the programme featured an audience advisory for content. Taking into account these contextual factors, the Authority found that the broadcaster took effective steps to inform viewers of the programme’s likely content, so they could make an informed viewing choice. Given the classification of the broadcast, the violent and sexual content would not be outside audience expectations for the music videos featured.

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

Ministry for Primary Industries and Mediaworks TV Ltd - 2016-092 (15 May 2017)

Newshub broadcast a story about the outcome of a review by Michael Heron QC of Ministry for Primary Industries (MPI) fisheries prosecution decisions. The reporter referred to the resignations of two senior MPI officials, implying that the resignations were connected to the outcome of the Heron review. The Authority upheld the complaint that the broadcast was unfair. The item reflected negatively on the two individuals’ professional reputations and had the potential to adversely affect them. In the interests of fairness, the broadcaster should have given the individuals affected a fair and reasonable opportunity to respond to the allegations, which did not occur. The Authority did not uphold the complaint that the item breached the accuracy standard, as it found the broadcaster had made reasonable efforts to ensure accuracy by relying on sources which it satisfied itself were credible. The allegations were presented alongside MPI’s position that the resignations were not connected to the Heron review, so viewers would not have been misled.

Upheld: Fairness; Not Upheld: Accuracy

No Order

Dickson and Television New Zealand Ltd - 2017-003 (15 May 2017)

An item on 1 News reported on an upcoming boxing match between Joseph Parker and Andy Ruiz for the World Boxing Organisation (WBO) heavyweight champion title. The presenter introduced the item by saying, ‘Well, the fight is set to make history whichever way it goes. There’s never been a New Zealand or Mexican world heavyweight champion’. The Authority did not uphold a complaint that the presenter’s statement was inaccurate because a New Zealander, Robert ‘Bob’ Fitzsimmons, was the first heavyweight champion in 1897. The complaint related to a technical interpretation of Fitzsimmons’ nationality, which was not a material point of fact that was likely to mislead viewers in the context of this news item. In any event, the Authority noted that Robert Fitzsimmons was born in the United Kingdom and had lived in a number of other countries, and it was therefore not unreasonable for the presenter to refer to Joseph Parker as the first potential New Zealand heavyweight champion.

Not Upheld: Accuracy 

Cameron and Television New Zealand Ltd - 2017-011 (15 May 2017)

Four episodes of The Windsors, a British satirical comedy series, parodied the British Royal Family with reference to topical events. The episodes featured exaggerated characters based on members of the British Royal Family and contained offensive language and sexual material. The Authority did not uphold a complaint that the episodes failed general standards of common taste and decency, and denigrated and ridiculed the Queen and her family. The Authority found that the episodes were clearly satirical and intended to be humorous. While this particular brand of humour may not be to everyone’s liking, the right to freedom of expression includes the right to satirise public figures, including heads of state. In the context of an AO-classified satirical comedy series, which was broadcast at 8.30pm and preceded by a warning for coarse language, viewers were sufficiently informed about the episodes’ likely content and were able to make a different viewing choice. The episodes did not contain any material which promoted illegal or antisocial activity, raised privacy issues, or triggered the discrimination and denigration standard.

Not Upheld: Good Taste and Decency, Law and Order, Discrimination and Denigration, Privacy

Wray and Mediaworks TV Ltd - 2017-014 (15 May 2017)

An item on Newshub reported on the conviction and sentencing of a New Zealand woman, A, for the murder of her 20-year-old severely autistic and intellectually disabled daughter, B. The Authority did not uphold a complaint that the item ‘sympathised with the murderer over the victim’ and ‘morally absolved [A]’. The broadcast was a factual news item which reported on the outcome of criminal proceedings involving A, and largely reflected the Judge’s statements at sentencing. It was focused on the circumstances of A’s particular case and did not contain a discussion of the wider issues of violence against disabled people or family violence, and therefore did not require balancing perspectives on these issues. While the item could be seen to report A’s sentence with some sympathy, it was based on the Judge’s findings and did not promote or condone harm against disabled people. In the context of a factual news report about the outcome of A’s case, the item also did not reach the threshold for encouraging discrimination against, or the denigration of, people with disabilities. Notwithstanding its findings, the Authority acknowledged the complainant’s concerns about important societal issues, such as the status of disabled people in our community and the proper understanding of disabilities.

Not Upheld: Balance, Law and Order, Discrimination and Denigration 

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 

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

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

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