BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Tonizzo and Television New Zealand Ltd - 2012-024

An episode of Rude Tube, a programme showcasing a selection of viral videos from the internet, was called “Animal Madness” and included a clip of a man taking “an unscheduled toilet break” in a paddock, and being chased by a donkey apparently attempting to mate with him. The programme was preceded by a verbal and visual warning. The Authority did not uphold the complaint that the programme breached the good taste and decency, law and order, and violence standards: most viewers would not have been offended by the scenes, the broadcast did not encourage viewers to break the law, and the footage did not amount to “violence” as envisaged by the standard.

Not Upheld: Good Taste and Decency, Law and Order, Violence

Wallis and Television New Zealand Ltd - ID2012-047

An episode of Piha Rescue was broadcast on 16 January 2012 on TV One. The complainant emailed TVNZ’s “Viewer Correspondence” email address expressing concerns about the episode. TVNZ’s email response went into the complainant’s spam email folder. He then referred his complaint to the Authority on the basis that he had not received a response from the broadcaster to his original complaint. The Authority determined that it does not have jurisdiction to accept the referral because the complainant’s original email was not a valid “formal complaint” and TVNZ responded appropriately to his email.

Declined to Accept Referral

Wang and TVWorks Ltd - 2011-133

Campbell Live featured a story about a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine. The Authority upheld the complaint that the item breached the accuracy and fairness standards: it overstated evidence, creating the impression that a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking, and it failed to include a report which found no trace of methamphetamine. The misleading impression as to the source, location and quantity of methamphetamine contamination, as well as the implication the complainant had done nothing to remediate the problem, resulted in an unfairly negative representation of the complainant, and the complainant’s comments as included were insufficient to counterbalance the damaging implications made about him. The Authority did not uphold the complaint about discrimination and denigration, as the standard does not apply to individuals. The Authority ordered TV3 to pay $1,400 towards the complainant’s legal costs.

Upheld: Accuracy, Fairness
Not Upheld: Discrimination and Denigration
|
Order: $1,400 costs to complainant

Fattorini and RadioWorks Ltd - 2012-034

During Robert & Jono’s Drive Show, broadcast on The Rock, one of the hosts told a personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself; the host used the term “mental” several times to refer to people with intellectual disabilities. The Authority did not uphold the complaint that this breached standards relating to good taste and decency, discrimination and denigration, and fairness: the story was conveyed in a light-hearted manner and the term “mental” was used without malice or invective; the co-host made mitigating comments and the host also made comments that were positive towards people with intellectual disabilities; and the man referred to was not “exploited” or “humiliated”.

Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration

Waterworth and Wickham and RadioWorks Ltd - 2012-033

The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast on Valentine’s Day during Robert and Jono’s Drive Show. The Authority did not uphold the complaint that the broadcast breached standards relating to good taste and decency, privacy, fairness and responsible programming since the concept of promoting an on-air request for divorce was not reflected in the actual broadcast: it turned out that the two participants had planned to subvert the broadcast from the beginning as a protest against the promotion and they spent the time berating the hosts.

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

JS and TVWorks Ltd - 2011-122

An item on Campbell Live featured two reporters dressed in full burqas using hidden cameras to film the public’s reaction. It included footage of a woman refusing the reporters entry to her shop and questioning their style of dress. The footage was rebroadcast on 3 News and The Jono Project. The programmes made negative comments about the woman’s behaviour. The woman in the footage complained that this breached the privacy, fairness and accuracy standards. The Authority upheld the fairness complaint: the footage was obtained through misrepresentation and the complainant was not informed of the nature of her participation, and the complainant should have been given an opportunity to respond to the negative portrayal of her in the programmes. The Authority did not uphold the privacy and accuracy complaints: the broadcasts did not disclose any private facts and the filming occurred in a public place; the 3 News and Campbell Live items would not have misled viewers into believing the reporters were genuine Muslims, while The Jono Project was not a factual programme to which the standard applied. The Authority ordered TVWorks Ltd to pay $2,000 costs to the Crown.

Upheld: Fairness
Not Upheld: Privacy, Accuracy

Order: $2,000 costs to Crown

Butler and Television New Zealand Ltd - 2011-157

An episode of Good Morning included an interview with author and Associate Professor of Psychology Niki Harrè about her new book on the psychology of sustainability. The Authority did not uphold the complaint that a reference to Niki Harrè as a “psychologist” in a teaser for the item breached the accuracy standard: the single reference to “psychologist” in the teaser was not a material point of fact – the term was used colloquially and not intended to denote a technical meaning, and any impression it created was clarified by the item itself.

Not Upheld: Accuracy

Federated Farmers New Zealand and Television New Zealand Ltd - 2011-165

A One News item about a dispute between two local councils stated that the regional council was taking the city council to court “because it says the city is polluting the Manawatu River with sewage”. An out-of-focus image of cattle grazing was displayed during the introduction to the item. The Authority declined to uphold the complaint that this breached the accuracy and discrimination and denigration standards: the image of the cattle was blurry and difficult to discern, the image was not related to the item but the item made it clear that the focus was on pollution from sewage, and farmers are not a section of the community to which the discrimination and denigration standard applies.

Not Upheld: Accuracy, Discrimination and Denigration

Carroll and Television New Zealand Ltd - 2012-008

A One News item on the National Party’s proposed asset sales policy stated that the government had refused to release information under the Official Information Act and that a subsequent complaint to the Ombudsman revealed that the government had received very little official advice regarding its claim about limiting foreign ownership. The Authority did not uphold the complaint that the item was in breach of the accuracy standard: it included comment from Prime Minister John Key and would not have misled viewers.

Not Upheld: Accuracy

Beardsley and TVWorks Ltd - 2012-020

An item on 3 News, on the likely ban of guided heli-hunting on conservation land, contained file footage of commercial deer recovery that showed hunters shooting at deer from helicopters. The Authority upheld the complaint that this gave a misleading impression and breached the accuracy standard: commercial hunting is a completely different industry from guided heli-hunting and the footage should have been explained to ensure that viewers understood it related to commercial hunting. The Authority declined to uphold the fairness complaint on the grounds that the commercial hunting industry was not an “organisation” for the purposes of the standard. The Authority made no order.

Upheld: Accuracy
Not Upheld: Fairness

No Order

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