BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
BSA Decisions
Carswell and Television New Zealand Ltd - 2022-037 (18 May 2022)

An item on Breakfast discussed shortages in the supply of cat food. The Authority did not uphold a complaint that the presenter’s and guest’s use of the phrases ‘fussy puss’ and ‘are pussies fussy’ breached the good taste and decency and children’s interests standards. The Authority found that the phrases would not have caused widespread undue offence or distress, and were unlikely to undermine or violate widely shared community norms. With regard to the children’s interests standard, noting that children were not the target audience for the programme and were unlikely to understand any sexual innuendo in the terms, the Authority considered any potential harm did not reach a level justifying regulatory intervention.

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

Blomfield and NZME Radio Ltd - 2022-027 (18 May 2022)

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply.

Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy

Taylor and Discovery NZ Ltd - 2022-024 (26 April 2022)

Warning: This decision contains language that some readers may find offensive

The Authority has not upheld a complaint that action taken by Discovery NZ Ltd was insufficient, after it upheld a complaint under the good taste and decency standard about language and behaviour in a live interview on Newshub Live at 6pm. The interviewee was the father of Olympian Zoi Sadowski-Synnott, and was interviewed after her gold medal win. The interviewee used variations of the word ‘fuck’ in his response to questions. The Authority found the decision of the broadcaster to uphold the complaint, apologise and create guidance for live interview guests was adequate action taken given the nature of the breach.

Not Upheld: Good Taste and Decency (Action Taken)

NZDSOS Inc and Television New Zealand Ltd - 2022-005 (26 April 2022)

A segment of Seven Sharp on 13 October 2021 reported on the COVID-19 vaccine. The complaint alleged the segment breached the accuracy standard as the report inaccurately described the composition and safety of the vaccine. The Authority found it was reasonable for TVNZ to rely on Dr Nikki Turner as an authoritative source. In any event, the segment was materially accurate.

Not Upheld: Accuracy

Jones and NZME Radio Ltd - 2022-019 (26 April 2022)

The Authority has found a statement on Heather du Plessis-Allan Drive breached the accuracy standard. During the programme, the host discussed advice to Aucklanders to stay away from regions in New Zealand over the summer due to the vulnerability of communities with lower vaccination rates. The Authority found it was misleading to only mention the vaccination rate of the Bay of Plenty region when talking specifically about Ōpōtiki, which had a lower vaccination rate than the region as a whole. Where the host was contradicting advice from local authorities about the risks associated with visiting certain areas over the summer, it was important to provide listeners with the correct information. The Authority noted the host could have contextualised the comments more clearly, and the vaccination rates for Ōpōtiki were available on the same government site as the DHB rates.

Upheld: Accuracy

Not Upheld: Balance

No Order

The New Zealand Forest Owners Association Inc and Discovery NZ Ltd - 2022-022 (26 April 2022)

The Authority has not upheld a complaint from the New Zealand Forest Owners Association alleging an item about the sale of a sheep and beef station, Huiarua, to an overseas buyer breached the accuracy and balance standards. The Authority found no breach of the balance standard as the majority of the item was about the sale of a specific piece of land, and the period of interest is ongoing. The broadcaster also noted it would endeavour to include forestry perspectives in future items covering the issue. In context, it was not misleading for the item to not discuss the ‘special forestry pathway’ under the Overseas Investment Act, and the distinction between production forestry and carbon farming was not material to the item. While there were aspects of the issues discussed which were not included in the item, it would not have misled viewers to an extent justifying regulatory intervention.

Not Upheld: Balance, Accuracy

Black and Discovery NZ Ltd - 2021-162 (26 April 2022)

The Authority has upheld a complaint alleging footage of a child performing a hongi with an electric fence breached the law and order standard. The clip was sourced from social media and was shown for entertainment value, with some laughter heard from the studio as the clip was aired. The Authority found this encouraged, promoted and glamorised serious anti-social behaviour, in breach of the standard.

Upheld: Law and Order

No Order

Curran and NZME Radio Ltd - 2021-165 (11 April 2022)

At the beginning of the Weekend Sport programme on Newstalk ZB, host Miles Davis referred to the ‘gridlock’ protest regarding COVID-19 restrictions. Davis said he had a message for the protestors, critiquing their form of protest and expressing what he would do if the protest blocked Davis on the road, including they would gain ‘a tyre iron’ through their windows followed up with some ‘football hooliganism’. The complainant stated this portion of the programme breached the good taste and decency, violence, and law and order standards as it incited violence. The majority of the Authority declined to uphold the complaint, finding the comments, on balance, constituted satire and humour and did not reach a threshold justifying regulatory intervention. The minority found the comments were likely to incite violence and breached all standards raised.

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

Brennan and Discovery NZ Ltd - 2022-020 (11 April 2022)

The Authority has not upheld a complaint that a broadcast of The Project discussing multiple musicians’ backlash to podcaster Joe Rogan, which mentioned his use of ivermectin to treat COVID-19, breached the fairness standard. The Authority found Rogan was not treated unfairly in the broadcast and, if any harm had arisen from the broadcast, it did not meet the threshold for regulatory intervention.

Not Upheld: Fairness

Benge and NZME Radio Ltd - 2022-013 (11 April 2022)

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for their position on the Government’s COVID-19 response saying ‘I want to be angry with you, but I just feel sorry for you, that you need a government to look after you. You sad pathetic creature.’ The Authority found the caller was given a fair and reasonable opportunity to put forward their views, and McIvor’s comments, while seen as disrespectful by some listeners, did not reach the level necessary to constitute unfair treatment. The balance standard did not apply.

Not Upheld: Fairness, Balance

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