BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
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

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

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

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

McGregor and Triangle Television Ltd - 2012-021

During an episode of Bomber’s Blog, broadcast on Triangle TV at 9.45pm, the presenter used offensive language while reviewing the week’s political news. The same language was displayed onscreen. The Authority did not uphold the complaint that this breached the good taste and decency standard: political commentary and satire are important forms of speech, and taking into account relevant contextual factors most viewers would not have been offended by the language used.

Not Upheld: Good Taste and Decency

Mayne and TVWorks Ltd - 2012-026

An item on Campbell Live reported on a disabled boy who was left alone on a school bus for four-and-a-half hours. The item included footage of an interview with the manager of the bus company responsible. The Authority did not uphold the manager’s complaint that this breached her privacy: while the complainant could have been identified, the item did not disclose any private facts about her in a manner that would be considered highly offensive.

Not Upheld: Privacy

Massey High School and TVWorks Ltd - ID2012-011

An item on Campbell Live reported on bullying at Massey High School. The Authority determined that it does not have jurisdiction to accept a referral of the privacy aspect of the complaint. Massey High School did not refer its complaint to the Authority within the statutory timeframe and the original complaint did not constitute a direct privacy referral.

Declined to Accept Referral

Heerdegen and The Radio Network Ltd - 2012-043

During the Leighton Smith Show on Newstalk ZB, the host discussed verdicts in the Urewera Four case. The complainant phoned the programme and the host subsequently made comments about “nut bars” in New Zealand. The Authority did not uphold the complaint that this breached the discrimination and denigration standard: the standard only applies to sections of the community and not to individuals; it was unclear which section of the community the complainant considered was denigrated or discriminated against; and the host’s comments were clearly his personal opinion and were not specifically directed at the complainant.

Not Upheld: Discrimination and Denigration

Gardner, Phillips and Smith and TVWorks Ltd - 2012-018

An item on 3 News reported on the alleged practice of women offering sex in exchange for taxi rides. The item consisted primarily of a voiceover accompanied by nightlife footage of central Auckland, including shots of a number of young women, some of them in taxis. The Authority did not uphold complaints that this breached standards relating to privacy, good taste and decency, controversial issues, accuracy, discrimination and denigration, and violence. Only one of the complainants was identifiable but the item did not disclose any private facts about her, and the footage was clearly not suggesting that the women were associated with the practice reported on (which was reinforced by a clarification broadcast the following night). The item did not comment on the issue of sexual assault or make any general comments about women, and it did not contain any violence.

Not Upheld: Good Taste and Decency, Privacy, Controversial Issues, Accuracy, Discrimination and Denigration, Violence

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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