BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Sharman and New Zealand Media and Entertainment - 2016-026 (27 June 2016)

Several weeks before Waitangi Day, during Mike’s Minute on Newstalk ZB, host Mike Hosking made comments critical of Ngāpuhi leader Kingi Taurua and his stance on the Trans-Pacific Partnership. Mr Hosking also suggested that the Prime Minister should ‘flag Waitangi’ because it is an ‘annual ritual of abuse and anger and ignorance’. The Authority did not uphold a complaint alleging that the item encouraged discrimination against Māori and Ngāpuhi and was unbalanced. While the Authority recognised that Mr Hosking’s comments could be considered by some to be insensitive, they were clearly his opinion and protected under the right to freedom of expression. The comments were not framed as reflecting on Māori generally and did not reach the high threshold necessary to encourage discrimination or denigration. Additionally, the item did not contain a ‘discussion’ of controversial issues but rather was clearly presented as an opinion piece. Therefore the broadcaster was not required to present alternative viewpoints. In any event, the host did make reference to countering views, such as those of Kingi Taurua.

Not Upheld: Discrimination and Denigration, Controversial Issues

Fletcher and Radio New Zealand Ltd - 2016-022 (27 June 2016)

Worldwatch broadcast a three-part interview series with Hanan Ashrawi, a Palestinian legislator, described as ‘one of the most powerful women in the Middle East’ and ‘a forceful advocate for Palestinian self-determination and peace in the Middle East’. The Authority did not uphold a complaint alleging that the interviews amounted to support for terrorism, ‘[s]olely blame[d] Israel for all the Palestinian suffering’, and contained a number of inaccurate and misleading allegations about the Israel-Palestine conflict. The interviews did not contain several of the statements complained about, but were rather the complainant’s interpretation of what he considered Ms Ashrawi had implied. Other comments complained about were clearly Ms Ashwari’s opinion, to which the accuracy standard did not apply. The interview did not encourage the denigration of or discrimination against Israelis, but was rather a considered discussion about negotiations between Israel and Palestine that was not inaccurate, discriminatory, unfair or irresponsible.

Not Upheld: Accuracy, Discrimination and Denigration, Fairness, Responsible Programming 

Malcolm and Radio New Zealand Ltd - 2016-018 (27 June 2016)

In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards.

Declined to Determine: Fairness, Discrimination and Denigration, Responsible Programming 

Karavasil and Television New Zealand Ltd - 2016-010 (27 June 2016)

ONE News reported on the case of a Palmerston North schoolgirl who had been abducted earlier in the day, and subsequently located and reunited with her family. The Authority did not uphold a complaint that the item breached the privacy of the girl and her sisters. The item did not disclose any private information about the girl; the details given were in the public domain at the time of the broadcast and carried high public interest, as they may have assisted with the search for her abductor. The girl’s sisters were not identifiable in the item and therefore their privacy was not breached.

Not Upheld: Privacy 

Holubicki and Sky Network Television Ltd - 2016-020 (27 June 2016)

A Prime News item reported on the trial of a former Nazi guard at Auschwitz and referred to the camp as a ‘Polish camp’. The complainant alleged this statement was inaccurate because it was not a ‘Polish camp’, but was rather a Nazi camp located in Poland. The Authority recognised that the labelling of concentration camps as part of the Nazi regime remains a sensitive issue and one of historical importance, which broadcasters should be mindful of when choosing the language to be used. Nevertheless, in the context of the item the Authority did not consider that viewers would have been misled.

Not Upheld: Accuracy, Fairness

RZ and Television New Zealand Ltd - 2016-011 (17 May 2016)

An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading.

Not Upheld: Privacy, Fairness, Controversial Issues, Accuracy 

Armstrong and MediaWorks TV Ltd - 2016-003 (13 May 2016)

The 2015 Vodafone New Zealand Music Awards featured numerous expletives, sexual references and other strong language. The Authority did not uphold a complaint alleging the ‘foul language’ and ‘crude humour’ used during the awards was offensive and unacceptable. The programme did contain strong adult content which would not have been to the liking of all viewers. However there were opportunities for viewers to make a different viewing choice or to exercise discretion, given the length of the broadcast (more than two hours) and that there was a pre-broadcast warning of sorts (although not of itself adequate). On balance the Authority found the broadcast did not reach the threshold for breaching the good taste and decency standard. Nevertheless, the Authority urged broadcasters to take care when broadcasting live material after 8.30pm that is likely to attract younger viewers.

Not Upheld: Good Taste and Decency

Malpas & Oliver and Television New Zealand Ltd - 2015-102 (12 May 2016)

An item on ONE News reported on concerns around a government-funded survey of health professionals and their views on voluntary euthanasia. It said that the survey was run by researchers who support assisted dying, and that it was alleged that the research was biased and flawed. The Authority did not uphold a complaint alleging that the item was unfair to the researchers involved and to the university through which the research was run, as well as inaccurate and unbalanced. Comment was sought from the university and the researchers, whose position was presented in the university’s response and fairly reported in the item. The statements alleged to be inaccurate either had a reasonable basis, were clearly statements of opinion or were matters of editorial discretion.

Not Upheld: Fairness, Accuracy, Controversial Issues

Golden and Radio New Zealand Ltd - 2016-005 (12 May 2016)

The featured speaker of the 2015 Reeves Memorial Lecture, broadcast by Radio New Zealand, was a prominent former New Zealand politician. The Authority declined to determine a complaint alleging that the choice of speaker was ‘improper’ because she was ‘very corrupt’, on the basis that it was vexatious. The complainant continues to refer complaints of a similar nature to the Authority which do not warrant determination.

Declined to Determine: Controversial Issues, Accuracy, Fairness, Responsible Programming  

Craig and SKY Network Television Ltd - 2015-096 (12 May 2016)

A Prime News item reported on the Conservative Party Annual General Meeting, which was the subject of a police call-out because a former Board member attempted to attend the meeting and was issued a trespass notice. The Authority did not uphold a complaint alleging that the item lacked balance, was inaccurate and was unfair to the Conservative Party and its former leader Colin Craig. The item was a straightforward news report that was not unfair to the Conservative Party or Colin Craig, who as a public figure should expect to be subject to some criticism and scrutiny. The item did not discuss a controversial issue of public importance that required the presentation of other views and was not inaccurate.

Not Upheld: Controversial Issues, Accuracy, Fairness

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