BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Gibson and Radio New Zealand Ltd - 2012-113

A brief news item on Radio New Zealand News reported that a pedestrian had been hit by a bus in central Wellington. The item incorrectly referred to St John Ambulance as having transported the woman to hospital – in Wellington ambulance services are operated by Wellington Free Ambulance which is a separate organisation. However, the Authority did not uphold the complaint that the reference to St John Ambulance breached the accuracy and fairness standards: the reference was not material to the focus of the item and would not have misled listeners in any material respect, and Wellington Free Ambulance was not referred to so listeners would not have been left with an unfairly negative impression of it as an organisation.

Not Upheld: Accuracy, Fairness

Kirk and The Radio Network Ltd - 2012-134

During a live broadcast from Riccarton Park Racecourse, one of the hosts of the ZM drive show Jay, Flynny & Jacqui, said to her co-hosts, “You’ve obviously watched the race. I know you haven’t put any bets on because you’re both Jews.” The Authority did not uphold the complaint that this breached the discrimination and denigration standard: the comment was ignorant and perpetuated stereotypes but did not reach the high threshold necessary for encouraging the denigration of, or discrimination against, Jewish people as a section of the community.

Not Upheld: Discrimination and Denigration

McElroy and SKY Network Television Ltd - 2012-132

An episode of Shameless, a comedy-drama series centred on British underclass and working class culture, broadcast on UKTV at 11.45am, contained sex scenes, swearing and violence. The broadcaster had upheld the complaint under the content classification, warning and filtering standard, and the Authority considered the action taken under that standard sufficient. However, the Authority upheld the complaint that the episode also breached the good taste and decency standard: the incorrect classification and inadequate warning label meant that viewers were not sufficiently informed of the programme’s likely content and were therefore denied the opportunity to make a different viewing choice and were more likely to be offended. The Authority did not find a breach of the children’s interests standard: the broadcaster sufficiently protected child viewers from unsuitable content by classifying the programme as 16. The Authority made no order.

Upheld: Good Taste and Decency
Not Upheld (Action Taken): Content Classification, Warning and Filtering
Not Upheld: Children’s Interests

No Order

Smith and Television New Zealand Ltd - 2012-130

Keep Calm and Carry On, a reality series on TV One about the host’s experience of new motherhood, contained a brief mention of ‘The Unfortunate Experiment’ – an experiment at New Zealand’s National Women's Hospital from 1966 onwards that was investigated by the Cartwright Inquiry of 1987–88. The Authority did not uphold the complaint that the reference breached the controversial issues, accuracy and fairness standards: the programme did not contain a “discussion” of the issue so was not required to present alternative viewpoints, the reference was brief and not material to the focus of the programme, and the complainant did not specify who she considered had been treated unfairly.

Not Upheld: Controversial Issues, Accuracy, Fairness

Whyte and Televison New Zealand Ltd - 2012-070

A One News item reported on a “skimming” scheme in which the accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business”. The item referred to and showed footage of the Brooklyn Bar in Auckland where, according to one customer, he had had his card “skimmed”. The Authority upheld the complaint that this breached the accuracy and fairness standards: the item wrongly singled out and identified the Brooklyn Bar as having been targeted by the fraud, which created the impression the business was unsafe; the complainant was not provided with a fair and reasonable opportunity to comment and correct the information; and the broadcaster failed to make proper inquiries. The Authority made no order.

Upheld: Accuracy, Fairness

No Order

Ashton and Payne and Māori Television - 2012-054

An item on Te Kāea, broadcast on Māori Television, reported on an Anglican deacon who was allegedly stood down after making a complaint about a man he alleged had been the subject of a sexual abuse inquiry. The Authority upheld the complaint that this breached the accuracy and fairness standards: it is not the Authority's role to determine the nature of the the alleged sexual abuse and its portrayal in the item; the item omitted other reasons for the deacon's suspension, which was misleading; the item was unfair to the church and the Bishop because the broadcaster did not have a sufficient foundation for broadcasting serious allegations and did not appear to take any steps to corroborate the essential facts of the broadcast; and given the seriousness of the allegations, the church was not provided with a fair and reasonable opportunity to comment. The Authority did not agree that the item breached the controversial issues standard as it did not discuss a controversial issue of public importance.
The Authority made no order.

Upheld: Accuracy, Fairness
Not Upheld: Controversial Issues

No Order

Burford and The Radio Network Ltd - 2012-124

A guest host on the Paul Holmes Show on Newstalk ZB read out a text message which used the phrase "pre-op tranny", and the phrase was repeated by a listener who called the show. The broadcaster upheld the complaint that this breached the discrimination and denigration standard. The Authority found that the action taken by the broadcaster was sufficient.

Not Upheld (Action Taken): Discrimination and Denigration

de Villiers and TVWorks Ltd - 2012-103

An item on 60 Minutes reported on a high profile immigration case involving a Chinese millionaire, disclosing his address and showing footage of his business assistant in the lobby of the apartment building where he lived. The Authority did not uphold the complaint that this breached the privacy standard: the address was not disclosed for the purposes of encouraging harassment and there was no evidence that harassment resulted from the disclosure; and the apartment building lobby was accessible to the public so neither the Chinese millionaire nor his business assistant had a reasonable expectation of privacy there.

Not Upheld: Privacy

Dawson and Radio Bay of Plenty Ltd - 2012-116

A news item on 1XX News contained a summary of a BSA decision declining to uphold a complaint made by the complainant. The Authority did not uphold the complaint that the summary breached the accuracy and balance standards: the item gave a fair summary of the Authority's findings and was not inaccurate or misleading, the brief news report did not amount to a discussion and the Authority's decision was not a controversial issue.

Not Upheld: Controversial Issues, Accuracy

McKay and TVWorks Ltd - 2012-125

News items on Nightline and 3 News reported on the release of a convicted sex offender, referring to him as "the Beast of Blenheim" and "the Beast". The Authority did not uphold the complaint that this breached the fairness and law and order standards: the label was assigned to the sex offender and the nature of his crimes many years before and was used extensively throughout the media; the broadcasts also contained his legal name; and the use of the label did not encourage viewers to break the law or otherwise promote or condone criminal activity.

Not Upheld: Good Taste and Decency, Law and Order, Privacy, Controversial Issues, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming, Children’s Interests

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