BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Sargeant and The Radio Network Ltd - 2013-015

The ZM Morning Crew hosts ran a competition called “Racial Profiling”, in which the hosts and a contestant were asked to guess whether individuals who had committed certain offences in the United States were “black, white or Asian”. The Authority did not uphold good taste and decency, discrimination and denigration, or responsible programming complaints: the segment was an attempt at humour and satire and the outcome as broadcast demonstrated flaws in racial stereotyping; the broadcast would not have offended most listeners in context and was not socially irresponsible; and although some of the content was challenging it did not reach the high threshold required for encouraging denigration of, or discrimination against, any of the groups referred to as sections of the community.

Not Upheld: Good Taste and Decency, Discrimination and Denigration, Responsible Programming

Allan and Television New Zealand Ltd - 2013-010

An episode of Scooby Doo! Mystery Incorporated showed two cartoon characters kissing and making romantic comments. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, responsible programming and children’s interests: the kissing scenes, including dialogue, were innocuous and inexplicit, the content was consistent with the programme’s G classification, and the scenes would not have offended most viewers or disturbed or alarmed children.

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

William Aitken & Co Ltd and Television New Zealand Ltd - 2012-090

Fair Go carried out testing on imported and locally produced “extra virgin” olive oil, and reported that European imports had failed sensory and chemical tests. The story made references to the testing being “IOC accredited” (International Olive Oil Council). The Authority upheld the accuracy complaint as these references were not technically correct and gave greater status to the testing than was justified. Nevertheless, the complainant was given a reasonable opportunity to respond, and its response was adequately presented so the programme overall was not unfair. The Authority made no order.

Upheld: Accuracy

No Order

AB and CD and Access Community Radio Inc - 2013-005

During the heavy metal radio programme, House of Noizz on Planet FM, the host made derogatory comments about “an ex-member of the family”, the mother of his named nephew. The Authority upheld complaints that this was unfair, as the host abused his position by making comments that were insulting and abusive to the complainant, and the complainant had made repeated attempts to stop the content being broadcast. The Authority determined that the privacy and good taste and decency standards were not breached, however. The host’s comments were opinion, not private facts, and would not have offended or distressed most listeners. The Authority made no order.

Upheld: Fairness
Not Upheld: Good Taste and Decency, Privacy, Accuracy, Discrimination and Denigration, Responsible Programming

No Order

Chaney and TVWorks Ltd - 2013-019

A music video for the Lana Del Ray song "Born to Die" was broadcast on C4. It contained the lyrics "Let's go get high" and briefly showed the artist smoking what the complainant alleged was a marijuana cigarette. The Authority determined that this did not breach the law and order standard: the lyrics and footage did not glamorise drug use and did not encourage viewers to break the law or otherwise promote or condone criminal activity.

Not Upheld: Law and Order

Radford and Television New Zealand Ltd - 2013-009

A One News item reported on recently released statistics for domestic violence in New Zealand that showed an increase in the number of deaths caused by family violence. It contained interviews with the Labour Party spokesperson for Women’s Affairs and with a Christchurch Women’s Refuge representative. The Authority did not uphold the complaint that the item breached standards because it did not explicitly acknowledge that women can be perpetrators of domestic violence and men the victims: the item focused on the statistics and did not comment on the gender of perpetrators and victims, and did not specify that the increase in deaths was among women only.

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

Ruawai College Board of Trustees and TVWorks Ltd - 2013-003

An item on 3 News reported on a bullying incident at Ruawai College, told from the perspective of the victim’s mother. It contained repeated cell phone footage of the incident. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, privacy, accuracy and fairness: overall the school was portrayed positively, it was provided with a reasonable opportunity to comment and the Principal adequately presented the school’s position, the item was accurate in all material respects, and it did not breach anyone’s privacy.

Not Upheld: Good Taste and Decency, Privacy, Accuracy, Fairness

Moore and Television New Zealand Ltd - 2012-107

An item on Fair Go, broadcast on TV One, included an interview with a group of Christchurch women who wanted to cancel their gym contracts due to temporary closure or relocation of premises following the February 2011 earthquake. The item’s focus was on two gyms in Christchurch and whether they were within their rights to enforce the contracts or were being unreasonable. The Authority upheld the complaint that the item breached the fairness and accuracy standards: it contained comments from two women which suggested their issues related solely to relocation, that the complainant’s gym refused to refund them and that they would be significantly out of pocket, but it omitted important information about the women’s individual circumstances relating to the contracts, creating a misleading impression which was not mitigated by the opportunity given to the complainant to respond. The Authority made no order.

Upheld: Accuracy, Fairness

No Order

Otago Casinos Ltd and The Radio Network Ltd - 2013-004

During the Farming Show, broadcast on NewstalkZB, the host told a short anecdote about his recent experience at a bar in Queenstown, claiming he was refused service after having a “couple of beers” and commenting that it was “poor form” on the part of the bar. The Authority upheld the complaint that this breached the fairness standard: the host’s comments were inappropriate, and he abused his position by airing a personal grievance and naming the bar on air in retaliation, which had the potential to detrimentally affect the complainant’s business and commercial interests. The Authority made no order.

Upheld: Fairness

No Order

Phan and Television New Zealand Ltd - 2012-123

In an investigation spanning two separate broadcasts, Fair Go dealt with a complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in hybrid vehicles. Three experts expressed concerns about the safety of the system. The Authority did not uphold the complaint that the programme breached the balance, accuracy and fairness standards: Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous, and the complainant was provided with a reasonable opportunity to respond to the claims and defend his invention; and there is a very high public interest in reporting on matters that have the potential to impact on public safety.

Not Upheld: Controversial Issues, Accuracy, Fairness

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