BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
BSA Decisions
Dobson and Discovery NZ Ltd - 2022-140 (7 March 2023)

The Authority has declined to determine a complaint alleging AM breached the accuracy and balance standards. The programme included an interview with Opposition Leader Christopher Luxon, where the presenter read Luxon a series of words the public associated with him. The host then asked Luxon’s opinion on the ‘some of the worst’ words the public had associated with Prime Minster Jacinda Ardern. The Authority considers the broadcaster adequately addressed the complaint in the first instance, and declines to determine the complaint on the basis it was trivial and did not warrant consideration.

Declined to determine (section 11(a) of the Broadcasting Act 1989 –  trivial): Accuracy, Balance

Newman and Discovery NZ Ltd - 2022-130 (7 March 2023)

The Authority has not upheld a complaint that a Newshub Live at 6pm report regarding water fluoridation and the Three Waters proposal breached the balance, accuracy and fairness standards. While the issue of how to improve Aotearoa New Zealand’s fluoridation is a controversial issue of public importance, the report included major perspectives on this issue, including alternatives such as central government orders, imposition of penalties and better data collection, as well as the Three Waters proposal. On this basis the balance standard was not breached. The complainant’s submissions under the accuracy standard concerned analysis to which the standard does not apply. The fairness standard did not apply.

Not Upheld: Balance, Accuracy, Fairness

Chilton & New Zealand Greyhound Racing Association Inc and Discovery NZ Ltd - 2022-134 (7 March 2023)

The Authority has not upheld complaints a segment on AM interviewing the SPCA’s Science Officer, Dr Alison Vaughan, breached the balance, accuracy and fairness standards. Dr Vaughan discussed the organisation’s desire to end commercial greyhound racing in New Zealand and invited viewers to contact the Minister of Racing to support that cause. The complainants considered the segment presented only one perspective on the issue and did not attempt to balance it with other perspectives. The Authority found the segment was clearly introduced as presenting a particular perspective, and other perspectives would have been known to viewers given the issue had long-standing interest in NZ. The segment was also materially accurate, or otherwise reflecting Dr Vaughan’s analysis, comment or opinion, to which the accuracy standard does not apply. The fairness standard did not apply as no organisation was referred to in the broadcast.

Not Upheld: Balance, Accuracy, Fairness

Dent and Discovery NZ Ltd - 2022-131 (7 March 2023)

The Authority has not upheld a complaint about an item on Newshub Live at 6pm reporting on the results of the Transport and Accident Investigation Commission’s investigation into a fatal mid-air collision at an unattended aerodrome. The complainant alleged the broadcast was inaccurate and unbalanced in its reporting that ‘dangers’ (such as the non-compliant procedure that had contributed to the crash) were occurring at other unattended aerodromes. The Authority found the broadcast accurately reflected the results of the investigation and the broadcast did not discuss a controversial issue of public importance for the purpose of the balance standard.

Not Upheld: Accuracy, Balance

Johnson and NZME Radio Ltd - 2022-143 (7 March 2023)

The Authority has not upheld a complaint concerning comments by the host of Newstalk ZB’s Overnight Talk responding to a listener’s question about what you should/should not include on your CV. The complainant considered the host’s references to ‘neo-Nazi dress-up parties’ and being a fan of the Ku Klux Klan as examples of ‘things you wouldn’t want to put on your CV’ were offensive and ‘almost glorifying’ of Nazis. The Authority did not consider the comments glorified Nazis, and found in the context the comments did not seriously threaten community standards of taste and decency and would not have disproportionately offended the audience.

Not Upheld: Offensive and Disturbing Content

Erickson & Smith and Television New Zealand Ltd - 2022-128 (7 March 2023)

The Authority has not upheld two complaints relating to a news item reporting on ANZ increasing mortgage interest rates, which showed a brief exchange between National Party Finance Spokesperson Nicola Willis and Finance Minister Hon Grant Robertson during Question Time in Parliament. The complainants alleged the broadcast breached the accuracy and fairness standards as the broadcaster edited the footage of Robertson’s response to Willis’s question to make him seem unsympathetic and evasive. The Authority found the way in which the broadcast was edited was not likely to give the impression that Robertson did not fully address Willis’s question, and that Robertson was not treated unfairly.

Not Upheld: Accuracy, Fairness

Winchcombe and Television New Zealand Ltd - 2022-126 (27 February 2023)

Warning — This decision contains references to sexual violence.

The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate. As the complainant’s concerns under fairness centred on the inaccuracies, the standard was also not breached.

Not Upheld: Accuracy, Fairness

 

Adam & Crawford and Radio New Zealand Ltd - 2022-067 (27 February 2023)

Warning — This decision contains references to sexual violence.

The Authority has not upheld complaints an interview on Saturday Morning between Kim Hill and Dr Kathleen Stock, a gender critical philosopher, breached broadcasting standards, including the discrimination and denigration, balance and accuracy standards. The broadcast discussed Dr Stock’s perspective on gender identity and her experiences resulting from voicing her perspective, having resigned from her position following a student campaign that accused her of transphobia. The Authority acknowledged the potential harm of the interview, but ultimately found the importance of freedom of expression outweighed any harm caused. The broadcast was clearly signalled as presenting Dr Stock’s perspective, to which she was entitled, and throughout the interview Hill challenged Dr Stock’s views, leaving the audience with a more balanced impression on the issue. Considered as a whole, the broadcast was unlikely to encourage discrimination, and listeners would not have expected the presentation of further alternative perspectives in a broadcast of this nature. A majority of the Authority considered the points alleged to be inaccurate were either opinion (to which the accuracy standard does not apply) or not materially inaccurate. The minority considered two points (that trans women were men, and trans women were more likely to sexually assault people in jail) were materially inaccurate. The violence standard was not breached.

Not Upheld by Majority: Discrimination and Denigration, Accuracy, Balance, Violence

Dobson & Erickson and Television New Zealand Ltd - 2022-121 (27 February 2023)

The Authority has not upheld complaints under the accuracy, balance, and fairness standards regarding an item on 1 News reporting on the global economy. The item referred to the National Party’s tax policy and included comments from both the Leader of the Opposition Christopher Luxon MP and Rt Hon Jacinda Ardern. The complainants considered the report’s editing of comments misled the audience to ‘think that PM Jacinda Ardern thinks financial discipline is not right nor good for New Zealand’. The Authority did not consider a reasonable viewer would be left with this impression. The balance and fairness standards were not breached.

Not upheld: Accuracy, Balance, Fairness

Erickson and Television New Zealand Ltd - 2022-114 (27 February 2023)

The Authority declined to determine a complaint an item on 1 News reporting on the New Zealand economy breached the accuracy standard. The complainant considered the focus of the item should have been on GDP growth, but was instead framed around wealth inequality, and was otherwise misleading through the omission of other details. The Authority considered these were issues of personal preference and editorial discretion, which cannot be resolved through the complaints process.

Declined to Determine (section 11(b) of the Broadcasting Act 1989 in all the circumstances the complaint should not be determined): Accuracy

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