BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
BSA Decisions
WL and Discovery NZ Ltd - 2020-167 (29 June 2021)

The Authority upheld a privacy complaint about a Newshub item showing footage of children being uplifted from their homes by Oranga Tamariki. The Authority considered there was adequate information in the clip to enable identification of the children. While the story carried high public interest, protecting children’s privacy interests, particularly where the children are clearly vulnerable, must be paramount in broadcasters’ editorial decision making. Insufficient steps were taken to protect the children’s identities, and given the highly sensitive and distressing circumstances, the Authority considered the disclosure of footage enabling their identification was highly offensive.

Upheld: Privacy

Orders: Section 16(4) – $1500 costs to the Crown

Catto and Television New Zealand Ltd - 2020-178 (22 June 2021)

The Authority has not upheld a complaint about the use of food in an episode of Taskmaster NZ, a game show in which comedians are tasked with completing strange and whacky challenges. The complaint was that the wastage of food and playing with food was offensive and disrespected tikanga. The Authority found in the context of a game show intended to be entertaining and humorous, the content did not undermine community standards or cause harm that justified limiting the broadcaster’s right to freedom of expression. The Authority noted that the broadcaster acknowledged the complainant’s concerns relating to tikanga and had discussed this with its content team.

Not Upheld: Good Taste and Decency

Hall and Discovery NZ Ltd - 2020-159 (22 June 2021)

The Authority has not upheld a complaint about an item on The Project, which discussed the financing of the Government’s $50 billion COVID-19 rescue and recovery budget. It suggested New Zealanders are borrowing this money from the Central Bank in the form of payment for Government bonds. The complainant argued this was inaccurate because New Zealanders are borrowing the money from private institutions. He also complained the broadcast confused direct monetary financing with quantitative easing by suggesting the Reserve Bank was buying bonds directly from the Government (rather than from private institutions). The Authority found the broadcast was materially accurate overall and unlikely to mislead viewers.

Not Upheld: Accuracy

Hapeta and Television New Zealand Ltd - 2020-172 (22 June 2021)

The Authority has not upheld a complaint about an item on 1 News in which Darryl Leigh Thomson was described as a co-writer of the song ‘E Tū’. While the Authority agreed it was not accurate to describe Mr Thomson as having co-written the song, it found TVNZ made reasonable efforts to ensure accuracy.

Not Upheld: Accuracy

O’Brien and Discovery NZ Ltd - 2021-006 (22 June 2021)

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, covering the reactions of world leaders to the Capitol Hill riots in Washington DC, that referred to Iran’s president Hassan Rouhani as ‘Iran’s dictator’. The Authority found the description was not a material fact in the context of the item, and in any case the caption describing Mr Rouhani as ‘President of Iran’ reduced any risk of viewers being misled.

Not Upheld: Accuracy

Parvomai and Radio New Zealand Ltd - 2021-009 (22 June 2021)

The Authority has declined to determine two complaints on the basis they were trivial – one about a teaser for a Nights interview that allegedly mispronounced ‘Rhondda’, and one about a Checkpoint item that referred to England instead of the United Kingdom during a discussion about educational achievement of countries in the Organisation for Economic Co-operation and Development (OECD).

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

Pickford and NZME Radio Ltd - 2021-010 (22 June 2021)

During Jono and Ben on The Hits radio station, one host commented the weevils in his pantry were ‘procreating faster than a solo mother in Nelson’. The Authority did not uphold a complaint that this breached the discrimination and denigration standard, finding ‘solo mothers’ do not amount to a section of the community to which the standard applies. In any event, the comment did not meet the threshold required to find a breach of the standard.

Not Upheld: Discrimination and Denigration

Vernall and NZME Radio Ltd - 2021-021 (22 June 2021)

The Authority has not upheld a complaint about the title of a segment ‘tradie versus lady’ on ZM’s Bree and Clint. While the Authority agreed with the complainant the title may be sexist and outdated, it did not encourage discrimination and denigration in breach of the standard.

Not Upheld: Discrimination and Denigration

Wong & Soper and Television New Zealand Ltd - 2020-177 (22 June 2021)

The Authority has not upheld two complaints about an item on 1 News that reported on protests in Washington DC in opposition to the results of the United States Presidential election. The complaints were the item’s description of the Proud Boys as a ‘white supremacist’ group was inaccurate because its leader, Enrique Tarrio, is African-Cuban and it is an ‘American chauvinist’ rather than a white supremacist group. Mr Soper also complained the item’s descriptions of Joe Biden as President-Elect, before his confirmation by the Electoral College, and of voter fraud claims as unproven, were unbalanced and inaccurate because Mr Biden’s election had not been confirmed and there was substantial evidence of voter fraud. The Authority found use of the term ‘white supremacist’ was distinguishable as analysis and opinion, to which the requirement for factual accuracy does not apply. The Authority also noted: ‘President-Elect’ is an unofficial term widely used from as early as election night and all claims of voter fraud remained untested in the Courts as at the date of broadcast. The Authority found, in the context of the broadcast, these descriptions were not materially inaccurate nor likely to mislead viewers. The balance standard did not apply.

Not Upheld: Accuracy, Balance

Wellington Palestine Group and Television New Zealand Ltd - 2021-025 (22 June 2021)

The Authority has not upheld a complaint about an item on 1 News covering the impact of COVID-19 on attendance at Christmas celebrations around the world. The complaint was the coverage of celebrations in Bethlehem, with reference to the closure of Israel’s international airport, created the impression that Bethlehem is part of Israel. The Authority acknowledged Bethlehem is a highly contested area, but also noted the broadcast was not about the Israel-Palestine conflict. The Authority found, in the context of the broadcast, the brief segment on celebrations in Bethlehem and the simple reference to the closure of Israel’s international airport was unlikely to have misled viewers.

Not Upheld: Accuracy

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