Latest Decisions »
15 June 2009
Today the BSA released 17 new decisions.
A complaint that a Close Up item on the standard of care in rest homes in New Zealand was unbalanced, inaccurate and unfair was not upheld.
To obtain an example of the quality of care being provided, a producer went undercover as a caregiver in a North Shore rest home for five days. The programme including a video diary made by the producer, in which she outlined various concerns she had about how the home was being run and the treatment of residents. This footage was interspersed with the shots of the producer and others around a table discussing other rest home-related issues, as well as other undercover footage taken by a second producer sent to the home on the pretext of looking for a place for her elderly mother. The final video diary revealed that the undercover producer had contracted the “super-bug” MRSA, and believed that she had done so while working at the rest home.
The complainants said that the undercover producer had no previous experience in the care of the elderly, “yet presented her material as if she was an expert”. They said that the “undercover nature of the programme” was “particularly galling”, that the reports were sensational, rather than factual, and that background research into sensitive topics such as the MRSA bug was lacking.
The Authority was in no doubt that the broadcaster used misrepresentation and deception to gain entry into the rest home in order to obtain the information that was revealed in the programme. However, it accepted that the broadcaster could not obtain this information by any other means.
Further, the Authority considered that, due to the rest home’s history, the broadcaster had a justifiable basis for going into the home. It said that the use of deception was in the public interest as a means to secure an unlaundered view of how well the home was operating.
The Authority noted that the owners were invited to respond to the allegations and were therefore given a reasonable opportunity to explain their position or to provide comments from satisfied residents.
A complaint about Until Proven Innocent, a feature-length drama based on the story of David Dougherty who was wrongly convicted of abducting and raping his 11-year-old neighbour, was not upheld.
The complainant, who was later convicted of the offences Dougherty was charged with, noted that his name was mentioned in the programme at least twice, and his convictions mentioned at least once, and that the programme featured an actor playing him. He maintained that it was highly offensive that his name and convictions were used in “such an inaccurate programme”.
The complainant argued that the programme lacked balance with regard to his convictions, the facts around the case and the trial, David Dougherty’s involvement, and the circumstances in which they met. He said that he was not asked for his side of events which could have provided balance.
The Authority noted that it was made clear in a caption at the beginning of the programme that Until Proven Innocent was “based on the true story of David Dougherty”, and it agreed with TVNZ that viewers would have understood that the story had been dramatised for the purpose of entertainment. The Authority found that the balance and accuracy standards did not apply, because the programme was not a news, current affairs or factual programme.
The Authority found that the complainant’s privacy had not been breached because insufficient time had passed to render the fact of the complainant’s convictions private again.
Read full decision: 2009-026
Five decisions about separate items on Breakfast were released. One was upheld and the remaining four were not upheld.
The upheld complaint concerned an interview with Garth McVicar from the Sensible Sentencing Trust which included discussion about whether sentences in New Zealand were long enough.
The complainant considered that, “no attempt was made to present the other side of the argument on sentencing and law and order issues”.
The Authority considers that the programme did not give viewers any sense that Mr McVicar’s views on sentencing were debateable or contentious. As a result, it found that the broadcaster did not make reasonable efforts to present significant perspectives on the controversial issue under discussion.
The four complaints that were not upheld included:
- Segments concerning the police shooting of innocent bystander – allegedly unbalanced.
- A correspondent discussing 13-year-old boy who had allegedly fathered a child with a 15-year-old girl – allegedly in breach of good taste and decency.
- An item where the host ironically joked that obese children “should be taken away from their parents and put in a car compactor” – allegedly in breach of good taste and decency standards.
- An item where the host made statements regarding the death of convicted murderer Antonie Dixon – possibly in breach of good taste and decency and fairness standards.
Read full decisions: 2009-012, 2009-020, 2009-021, 2009-024, 2009-032
For more information, please see the full decisions or contact Kate Baker, Communications Advisor on kateb@bsa.govt or 04 801 4623
Recent publications »
Statement of Intent 2009-2010
July 2009
Quarterly Newsletter
June 2009, no. 42
This edition of the BSA Quarterly features articles about two new publications - a journalist's review of BSA decisions and a thinkpiece on the relationship between Maori worldview and broadcasting standards... a farewell to departing BSA member Diane Musgrave and hello to incoming member Mary-Anne Shanahan... details about a new, online BSA newsletter.
Download newsletter pdf (861KB)
Download decision summary pdf (42KB)
Principles and Pragmatism
Today the Broadcasting Standards Authority released a new report entitled Principles and Pragmatism.
Authored by Colin Peacock, host of Radio New Zealand's Mediawatch programme, the report is an assessment of BSA decisions from a journalist's perspective.
The report addresses the following questions:
- Where is the tension between the 'bottom-line standards' for the Authority and the 'bottom-line standards' for journalists?
- What is the Authority getting right from journalists' perspective - and what is it getting wrong?
Download Journalist's Assessment of BSA Decisions - Full (967kb PDF)
Download Journalist's Assessment of BSA Decisions - Exec Summary (832kb PDF)
Please note: these documents are designed to be printed doubled sided.
A limited number of printed copies of the report are available. Please contact Trish: trishc@bsa.govt.nz
Maori Worldviews and Broadcasting Standards: What Should be the Relationship?
The BSA has released new paper entitled Maori Worldviews and Broadcasting Standards: What Should be the Relationship? in order to provide a platform for discussion of the relationship between broadcasting standards and Maori worldviews and interests.
This paper follows up some questions raised by the BSA's 2005 publication The Portrayal of Maori and Te Ao Maori in Broadcasting: the foreshore and seabed issue, including
whether the standards as currently framed adequately reflect Maori realities, concerns and interests.
By setting out the present context for the BSA's work and outlining the decisions the BSA has made on issues of particular concern to Maori, the BSA hopes to provide a ready resource for everyone who is interested in that discussion.
Quarterly Newsletter
December 2008, no. 40
This edition of BSA Quarterly features an article about new research on viewing violence; an overview of the Election Programme Complaints process and information about our new bus advertising campaign.
Download newsletter pdf (1.52MB) Download decision summary pdf (51KB)
Viewing Violence: Audience Perceptions of Violent Content in Audio Visual Entertainment.
November 2008
The Office of Film and Literature Classification and the Broadcasting Standards Authority have jointly issued a research report, Viewing Violence: Audience Perceptions of Violent Content in Audio Visual Entertainment.
The research adds to knowledge gained over the years updating our agencies with New Zealanders' thoughts and feelings about violent content in audio-visual entertainment on TV, in films and DVDs, and on internet and mobile platforms.
Read the Report
Statement of Intent 2008-2011
July 2008
Quarterly Newsletter
September 2008, no. 39
This edition of BSA Quarterly features an article about The Election Programmes
Code; information about the revised Radio Programmes Code; and an article about
the inclusion of an expanded Bill of Rights explanation in BSA decisions, as
well as summarizing the 46 decisions released in the second quarter of 2008.
Download newsletter pdf (235KB) Download decision summary pdf (55KB)
New BSA research "Seen and Heard: Children’s Media Use, Exposure, and Response"
The BSA has released a major new study of New Zealand children’s media use. The large quantitative survey was carried out by Colmar Brunton. It involved interviewing more than 600 children aged between six and 13 and their primary caregivers. The focus of the research was how children use and respond to media, including television, radio, the internet, and cell phones.
Read press release. Go to the report.
New Practice Notes - violence and liquor promotion standards
Practice Notes are designed to help complainants and broadcasters understand the approach the BSA is likely to take in considering issues about standards. The latest practice notes discuss the liquor promotion and violence standards. Read more.