BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Panckhurst and Television New Zealand Ltd - 2016-036 (22 August 2016)

An item on ONE News discussed further charges laid against a man accused of a double shooting in South Auckland. During the item, images of the crime scene were shown, including footage of blood on a pavement. The Authority did not uphold a complaint alleging that the footage of blood breached the privacy of those involved (ie, the surviving victim and the victims’ relatives or friends), and that the footage would have disturbed young viewers. No individuals were identified during the broadcast, including the surviving victim or either of the victims’ relatives or friends. In addition, the image of blood was brief and was not graphic or explicit, and viewers could reasonably expect that a news broadcast reporting on a double shooting might contain some footage relating to the crime.

Not Upheld: Privacy, Good Taste and Decency 

Martyn and MediaWorks TV Ltd - 2016-042 (22 August 2016)

An item on Newshub reported on the world’s first legally recognised Pastafarian wedding between two members of the Church of the Flying Spaghetti Monster (CFSM). The reporter referred to the CFSM as a ‘spoof religion’, and stated, ‘Pastafarians believe that pirates are supreme beings from which all humans evolved, and it’s an official religion’. The Authority did not uphold a complaint that describing the CFSM as a ‘spoof religion’ was denigrating, disrespectful and discriminatory. It took the view that the broadcaster’s reference to the Church as a ‘spoof religion’ was an opinion which was available to be taken and able to be expressed, and that the high threshold required for discrimination and denigration to be established had not been reached. The Authority also did not uphold a complaint that the reference to pirates as ‘supreme beings’ was inaccurate. The comment would have been seen as nonsense which was incidental to the point of the broadcast. The focus of the item was that the Church of the Flying Spaghetti Monster had been authorised to conduct marriage ceremonies and that the world’s first such ceremony had taken place in New Zealand.

Not Upheld: Discrimination and Denigration, Accuracy 

Dickson and New Zealand Media and Entertainment - 2016-047 (22 August 2016)

A regular comedy skit on Radio Sport show The Sauce involved a host impersonating All Blacks coach Steve Hansen and giving ‘top tips’ on various topics. In the segment complained about, the host, mimicking Mr Hansen, addressed the topic of ‘sackings’, stating: ‘…Simply whip your scrot [scrotum] out and just rest it casually on their thigh, buttocks or forehead.’ The Authority did not uphold a complaint that the segment made light of, and condoned, sexual assault. The Authority found that, in the context of the skit, which was a regular comedy skit broadcast weekly on The Sauce, the segment did not make light of, or encourage listeners to laugh about, sexual assault. Due to its over-the-top, satirical nature, and taking into account audience expectations of Radio Sport and of the segment, listeners would not take the skit seriously or think that the type of behaviour described in the skit was acceptable.

Not Upheld: Good Taste and Decency 

Knight and Television New Zealand Ltd - 2016-028 (22 August 2016)

An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage. The broadcaster exercised adequate care and discretion when showing footage of cruelty against bobby calves.

Not Upheld: Controversial Issues, Accuracy, Privacy, Violence, Discrimination and Denigration, Fairness 

Burton and SKY Network Television Ltd - 2016-046 (22 August 2016)

An episode of a documentary series Shocking Lives, titled The Grandmother Lovers, explored relationships between younger men and older women. It contained sexual content and nudity. The Authority did not uphold a complaint that the documentary breached the good taste and decency standard. The documentary did not contain overly explicit or graphic material. Sexual activity was largely implied, and the programme featured only limited nudity. The broadcaster took sufficient steps to inform viewers about the content of the programme, which was classified AO, broadcast at 9.30pm and preceded by a warning for sexual content and nudity. The documentary focused on relationships between consenting adults and in the context of the broadcast this did not undermine general community standards of good taste and decency.

Not Upheld: Good Taste and Decency

Grieve and MediaWorks TV Ltd - 2016-019 (25 July 2016)

An item on 3 News reported that 2015 was the planet’s hottest year on record. The reporter stated that ‘the impacts of that record high are close to home’ and interviewed two New Zealand climate scientists about the finding. The Authority did not uphold a complaint alleging that it was inaccurate and unbalanced for the reporter to imply that recent severe weather events in New Zealand were caused by global warming. The scientists who gave their views in the item were respected local experts, and the inclusion of comment from them localised the findings for viewers in terms of what they might mean for New Zealanders. In terms of the balance standard, global warming is an ongoing contentious issue which is widely discussed so viewers could reasonably be expected to be aware of the range of perspectives on global warming.

Not Upheld: Accuracy, Controversial Issues

Foggo and Television New Zealand Ltd - 2016-030 (25 July 2016)

A ONE News item discussed two changes proposed as part of a review of Child Youth and Family Services (CYFS): first, dealing with 17-year-old offenders within the youth justice system rather than the adult justice system; and second, lifting the age that people can remain in CYFS care. The Authority did not uphold a complaint that footage of young skateboarders and riders shown during the item implicitly associated them with youth crime, which was unfair. The skateboarders and riders did not take part and were not referred to during the item at a level that triggered the fairness standard. The footage simply associated them with typical activities for people their age and was in the nature of visual wallpaper. It did not associate young skateboarders and riders with youth crime.

Not Upheld: Fairness 

McDonald and Television New Zealand Ltd - 2016-021 (25 July 2016)

An item on ONE News reported that a recent avalanche in the Austrian Alps had killed five skiers. The presenter stated the avalanche was ‘reported to be two kilometres wide and five kilometres high’. A second item on ONE News discussed plans for a new dairy factory in Northland. The reporter said, ‘He’s [farmer interviewed] been in the dairy industry for two years and has record low pay-outs, the latest forecast at around four dollars’. The Authority did not uphold a complaint that the reference to the avalanche being ‘five kilometres high’ and the reference in the dairy item to a ‘Fonterra pay-out of $4 per annum’ were inaccurate and misleading. The precise size of the avalanche was not a material point of fact in the item and the statement referencing four dollars clearly referred to the interviewed farmer’s pay-out and not to the total annual pay-out made by Fonterra.

Not Upheld: Accuracy 

Hoogenboom and Television New Zealand Ltd - 2016-033 (25 July 2016)

An item on Breakfast reported on a shoot-out during an anti-terror raid in Brussels. During the item, the Europe Correspondent stated, ‘We’ve now heard that one suspect has been neutralised’. The Authority did not uphold a complaint alleging that the term ‘neutralised’ was not accurate, appropriate or neutral language. The Authority found the choice of language was not a material point of fact in the item, which focused on an anti-terror raid linked to the Paris terror attacks. Further, the term ‘neutralised’ is at times used in the context of reporting on police or counter-terrorism action. The use of this term was not biased against, and did not imply fault on the part of, the Belgian Police.

Not Upheld: Accuracy, Controversial Issues 

Lerner and New Zealand Media and Entertainment - 2016-039 (25 July 2016)

During an editorial segment on KPMG Early Edition, host Rachel Smalley discussed the standing down of British Labour MP Naz Shah after accusations of anti-Semitism. Ms Smalley went on to question why criticism of Israel is often viewed as criticism of the Jewish faith, referring to comments she made during a broadcast in 2014 which were critical of Israel and the ‘abuse’ she received in response. The Authority did not uphold a complaint alleging that Ms Smalley’s reference to her previous comments was misleading – partly because she did not refer to the Authority’s finding that one of her previous statements was inaccurate – and that the item was unbalanced. The Authority found that Ms Smalley conveyed the main message of her earlier comments without repeating the original inaccuracy, so it was not misleading for her to not mention the Authority’s previous finding. In relation to balance, the Authority considered the broadcaster was not required to present alternative views taking into account the nature of the item. Regular listeners would not have expected a balanced examination of the issue but would rather have recognised that this was an editorial piece from the particular perspective of the host.

Not Upheld: Accuracy, Balance

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