BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
BSA Decisions
Gilchrist and Discovery NZ Ltd - 2021-130 (20 December 2021)

Following an interview with a COVID-19 vaccine advocate on the AM Show, the host noted Medsafe gave the vaccine the ‘same approval as everyday medicines like Panadol and Nurofen’. The complaint stated this was misleading and in breach of five standards, including the accuracy standard. The Authority did not uphold the complaint as the accuracy standard is concerned with material inaccuracy. To the extent there was any inaccuracy, it was unlikely to significantly affect the audience’s understanding of the programme. The Authority considered the other standards raised either did not apply or were not breached.

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

Glen and MediaWorks Radio Ltd - 2021-128 ( 20 December 2021)

An announcer on The Edge Breakfast recounted an experience at her antenatal class where she discussed how to address constipation post childbirth. The complaint was this segment breached the good taste and decency and children’s interests standards. The Authority did not uphold the complaint, taking into account the programme’s target audience, audience expectations, and the low-level language complained about (being of an anatomical, rather than a profane or sexual nature).

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

Jarvis and Television New Zealand Ltd - 2021-135 (20 December 2021)

The Authority has not upheld a complaint that a 1 News Covid Update broadcast breached the balance and accuracy standards by featuring modelling of the current COVID-19 outbreak provided by Professor Shaun Hendy. The Authority found the balance standard was not breached. While the item discussed the topic of COVID-19 modelling, which is a controversial issue of public importance, it was clearly signalled as approaching the topic from a particular perspective. Viewers could also reasonably be expected to be aware of alternative views from other coverage.  The accuracy standard was not breached as the modelling was analysis, comment or opinion and so was not subject to the standard.

Not Upheld: Balance, Accuracy

Morgan and NZME Radio Ltd - 2021-131 (20 December 2021)

The Authority has declined to determine a complaint under the discrimination and denigration standard about an item on Mike Hosking Breakfast. The complainant was concerned about a discussion of unvaccinated health workers, who do not amount to a relevant section of society for the purposes of the standard. The remainder of the complaint reflected the complainant’s personal views and in all the circumstances (including scientific consensus around the safety of the COVID-19 Pfizer vaccine), the Authority considered it should not determine the complaint.

Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration

Nightingale and NZME Radio Ltd - 2021-129 (20 December 2021)

The Authority has not upheld a complaint that a discussion on Callum & P breached the privacy of a person interviewed on-air by disclosing their COVID-19 vaccination status. The Authority found the interviewee was a willing participant in the disclosure of her vaccination status. On this basis the broadcast did not breach the privacy standard.

Not Upheld: Privacy

Powell and Television New Zealand Ltd - 2021-127 (20 December 2021)

The Authority has not upheld a complaint that a 1 News report breached the accuracy standard by describing ivermectin as a drug for animals. The Authority found the accuracy standard was not breached as the statements were materially accurate and were not misleading.

Not Upheld: Accuracy

Waikato District Health Board and Radio New Zealand Ltd - ID2021-090G (14 December 2021)

The Authority has made the following directions in respect of the Waikato District Health Board’s referral:

  • declined to accept the two affidavits submitted as part of the WDHB’s complaint
  • invited the WDHB to provide alternative evidence to support its complaint referral, with reference to the formats outlined at paragraph [8] by 24 January 2022
  • asked RNZ to identify information it wishes to rely on by 24 January 2022, and the WDHB to provide confirmation as to whether such information is in dispute or can be accepted as correct within a further 10 working days
  • invited any further comment from the parties regarding the management of these issues by 24 January 2022.
Carswell and Television New Zealand Limited - 2021-113 (1 December 2021)

The Authority considered a complaint about a promo for Taskmaster which was aired during the programme Breakfast (unclassified) at 7.30am, and a promo for My Life is Murder which was aired during the programme The Chase (rated G) at 5.35pm. The Authority did not uphold the complaint that these promos, which contained brief sexual references, breached the children’s interests standard. It found the references were mild and inexplicit, were not likely to alarm or distress children, and met the requirements for a G classification.

Not Upheld: Children’s Interests

Engleby and Discovery NZ Ltd - 2021-118 (1 December 2021)

The Authority has not upheld a complaint that a clip of members of Action Zealandia shown in the documentary Patrick Gower: On Hate breached the fairness standard. The clip, approximately four seconds long, showed several unidentifiable members walking with a flag bearing Action Zealandia’s symbol. The complainant alleged that the broadcast unfairly associated the group with terrorism, and that Action Zealandia should have been given the opportunity to comment. The Authority considered the group’s participation was minor in the context of the broadcast. The broadcaster was therefore not required to inform Action Zealandia that the clip would be featured. It further found that the broadcaster was not obliged to give Action Zealandia an opportunity to comment as part of the documentary.

Not Upheld: Fairness

Clarke and NZME Radio Ltd - 2021-120 (1 December 2021)

The Authority has not upheld a complaint about comments by Kate Hawkesby regarding Director-General of Health Dr Ashley Bloomfield. Hawkesby made several comments about Dr Bloomfield, alleging he has underperformed in the response to the COVID-19 pandemic. The Authority found the fairness standard was not breached as the comments were distinguishable as the opinion of the presenter and they did not result in Dr Bloomfield being treated unfairly. Given Dr Bloomfield’s high-profile position, he can reasonably expect to be the subject of robust commentary.

Not Upheld: Fairness  

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