BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
All Decisions
Fourie and Television New Zealand Ltd - 2012-002

An episode of Embarrassing Bodies, a reality television series about the treatment of embarrassing medical conditions, was broadcast on TV2 at 8.30pm and included close-up shots of women’s vaginas and of surgical operations being performed on them. The Authority did not uphold the complaint that the programme breached standards relating to good taste and decency, responsible programming and children’s interests: the programme had educational value and the nudity was non-sexual and matter-of-fact; the programme was correctly classified AO and preceded by an adequate warning for nudity and medical scenes; and the clear warning and signposting of likely content gave parents an opportunity to exercise discretion.

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

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

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

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

Antrobus and Television New Zealand Ltd - 2012-015

A promo for Bad Santa, screened during the family Christmas movie The Santa Clause 2, contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield; he told a child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa replied, “No, it was her sister.” The Authority did not uphold the complaint that this breached standards relating to good taste and decency and children’s interests: most viewers would not have been offended by the promo when broadcast in this context, the sexual references were implied and would have gone over the heads of younger viewers, and the promo was correctly rated PGR.

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

Brownlee and Radkhou and Television New Zealand Ltd - 2011-147

A scene from Coronation Street, broadcast at 5.30pm, showed two female characters kissing. The Authority declined to uphold the complaint that this breached standards relating to good taste and decency, responsible programming, children’s interests, and controversial issues. The scene was brief and innocuous and no less acceptable for being a kiss between two women; the content was consistent with the programme’s G rating and, given the context, was not unsuitable for children; the programme screened in an appropriate time-band; and the controversial issues standard only applies to news, current affairs and factual programmes.

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

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