BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Stowe and SKY Network Television Ltd - 2012-025

Prime News used a pre-recorded BBC item reporting on controversial comments by Top Gear television presenter Jeremy Clarkson that striking workers should be shot. A complaint that this breached standards relating to controversial issues, accuracy, fairness and responsible programming was not upheld: the focus of the item was the comment made by Mr Clarkson which caused controversy – therefore it was not misleading to omit footage of other comments; the item was a brief snapshot of the response to Mr Clarkson’s comments and did not amount to a discussion of a controversial issue that was of public importance in New Zealand; there is a higher threshold for finding unfairness to a public figure; and viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments.

Not Upheld: Controversial Issues, Accuracy, Fairness, Responsible Programming

Shaxon and TVWorks Ltd - 2012-048

Promos for The Almighty Johnsons, Sons of Anarchy and Terra Nova were broadcast during Dr Phil at approximately 1.30pm. The promos briefly showed images of weapons, including a knife and guns. The Authority did not uphold the complaint that these promos breached standards relating to good taste and decency, children’s interests and violence: the promos did not contain any AO material, they were appropriately classified PGR and screened during Dr Phil which was classified AO, and the broadcaster had exercised sufficient care and discretion in dealing with the issue of violence.

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

Couling and RadioWorks Ltd - 2012-044

A song entitled “Our Love Suicide” by rap artist Tinie Tempah was broadcast during Mid-Mornings with K-Lee on MaiFM at approximately 11.15am. The Authority did not uphold the complaint that this breached the standards relating to good taste and decency and responsible programming: the song lyric “love suicide” was used metaphorically to refer to the ending of a relationship and not in its literal sense, and the song did not promote or glorify suicide.

Not Upheld: Good Taste and Decency, Responsible Programming

Russell and TVWorks Ltd - 2012-056

An episode of Homeland, a fictional drama series in which the CIA investigates a possible terrorist threat, had a storyline involving Muslims versus a “righteous America”. The Authority did not uphold the complaint that the episode promoted “Islamophobia” and breached the discrimination and denigration standard: the standard was not intended to prevent the broadcast of legitimate drama, and the programme did not encourage the denigration of, or discrimination against, a section of the community.

Not Upheld: Discrimination and Denigration

Burton and Television New Zealand Ltd - 2012-041

An episode of Two and a Half Men which screened at 7.30pm contained sexual innuendo, including references to transmitting sexual diseases, and showed a naked man with his genitals pixellated. It was not preceded by a warning. The Authority did not uphold the complaint that this breached the good taste and decency and children’s interests standards: the sexual innuendo was inexplicit and sophisticated so it would have gone over the heads of younger viewers, the nudity was pixellated, and the content was consistent with the programme’s PGR rating.

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

Busse and Milner Busse and Television New Zealand Ltd - 2012-038

A One News item report on the Pike River Inquiry quoted a miner’s mother as saying “Jesus Christ” when she heard new evidence that the mine manager had sent emails about a new job minutes after the explosion. The Authority did not uphold the complaint that this breached the good taste and decency, and discrimination and denigration standards: “Jesus Christ” when used as a colloquial expression of shock and dismay did not amount to coarse language and would not offend or distress most viewers; the phrase was a verbatim quote from a miner’s mother in relation to her personal tragedy; as an expression of dismay, it was not an attack against Christians as a section of the community.

Not Upheld: Good Taste and Decency, Discrimination and Denigration

Family First New Zealand and TVWorks Ltd - 2012-037

A 3 News report on the Government’s asset sales policy included excerpts from interviews with opposition MPs, including Hone Harawira, who used the word “bullshit”. The Authority did not uphold the complaint that this breached the good taste and decency and children’s interests standards: the comment would not have surprised or distressed most viewers in the context of a political story screened during an unclassified news programme targeted at adults.

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

Makea and Television New Zealand Ltd - 2012-028

In a One News report on the Australian Open Tennis Championships, Serena Williams’ performance was described as “almost schizophrenic”. The Authority did not uphold the complaint that this breached the discrimination and denigration and accuracy standards: the term “schizophrenic” was being used colloquially, the comment did not carry any invective or malice and was not used to encourage discrimination against, or denigration of, people with mental illness as a section of the community; the use of the term “schizophrenic” was not a statement of fact – it amounted to commentary and was therefore exempt from the standards of accuracy.

Not Upheld: Accuracy, Discrimination and Denigration

Blissett and RadioWorks Ltd - 2012-006

During live talkback on the election “tea tapes” story, Radio Live host Michael Laws commented that “the media have gone mad, rabid. If I had a gun I’d shoot them, put them out of their misery, because they have gone rabid and they may infect others.” He went on to specifically mention the Herald on Sunday and questioned why someone hadn’t taken a shotgun and “cleaned out the entire news room”. A majority of the Authority upheld the complaint that these comments breached the good taste and decency standard: the combination of the length of the statement, its repeated use of graphic imagery, its specificity in relation to identified journalists and its mode of delivery made the statement unacceptable. Notwithstanding the importance of freedom of expression, Mr Laws’ comments went too far. The Authority made no order. In a minority decision, one member argued that the broadcast did not breach the good taste and decency standard because of the context of talkback radio and Mr Laws’ style, and the use of an accepted and well understood colloquialism. The Authority unanimously did not uphold the complaint that the words breached the law and order standard.

Upheld (Majority): Good Taste and Decency
Not Upheld: Law and Order

No Order

Bay of Plenty District Health Board and Television New Zealand Ltd - 2011-154

An item on Te Karere reported that Whakatane Hospital’s Microbiology Department would be closing, with all microbiology services moving to Tauranga. The Authority upheld the complaint that the item was inaccurate and misleading in creating this impression since urgent services would continue to be provided on-site. The broadcaster had not made reasonable efforts to ensure the item’s accuracy. The Authority made no order.

Upheld: Accuracy

No Order

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