BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
BSA Decisions
Hyde and Television New Zealand Ltd - 2016-076 (19 January 2017)

A 1 News item reported on an incident involving All Black Aaron Smith. Two witnesses claimed that while on official All Black business, Mr Smith used a disabled toilet in Christchurch Airport for a ‘sexual encounter’ with a woman who was not his partner. The item briefly showed a photo of Mr Smith and his partner. The Authority did not uphold a complaint that the item breached Mr Smith’s partner’s privacy. Information about her identity and her relationship to Mr Smith was publicly known and had already been the subject of widespread media coverage in relation to the incident prior to the broadcast. This was therefore not information over which she had a reasonable expectation of privacy. The 1 News item also disclosed less information about Mr Smith’s partner than other media outlets had already disclosed. The Authority however noted that it does not automatically follow that the partners and families of public figures are also public figures, and due consideration ought to be given to their individual privacy interests.

Not Upheld: Privacy

McCabe and MediaWorks Radio Ltd - 2014-129

The song ‘Smile’ by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The song included one muted use of the word ‘fucking’. The Authority did not uphold the complaint that the item breached standards of good taste and decency as the word ‘fucking’ was not clearly audible and occurred only once in the song.

Not Upheld: Good Taste and Decency

Foster and MediaWorks Radio Ltd - 2014-072

In a ‘Showbiz news’ segment on MORE FM Breakfast, a joke was made about the marriage breakup of Kim Dotcom and his wife. The Authority did not uphold the complaint that the joke breached standards of good taste and decency. It was light-hearted and humorous and typical of breakfast radio, and the Dotcoms could reasonably expect some coverage of their breakup.

Not Upheld: Good Taste and Decency

Bird and Television New Zealand Ltd - 2012-111

Two items on Fair Go investigated claims about a wooden gate manufacturer. Customers were interviewed about their experiences with the company and its director, and the item contained footage, filmed from a public footpath, of the company director at his workshop. The Authority did not uphold the complaint that the item breached standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programming: no private facts were disclosed about the director, and footage taken on his property was not broadcast; the impression created about him and his company was based on the opinions of customers, which were exempt from standards of accuracy; the director was provided with a fair and adequate opportunity to respond and the item included comprehensive summaries of his statement; and the broadcast was accurate in all material respects and would not have misled viewers on the essential issues.

Not Upheld: Good taste and Decency, Law and Order, Privacy, Controversial Issues, Accuracy, Fairness, Discrimination and Denigration, Responsible Programming

B and The RadioWorks Ltd - 2002-144, 2002-145

More FM. Radio competition, disclosure of work-place. Upheld (privacy). Action taken sufficient (fairness). No order (apology to complainant sufficient).

Dunlop and More FM Auckland - 1996-153

More FM news bulletin. Item about firearms included comment from a spokesperson from Gunsafe but nothing from a representative of the Sporting Shooters Association. Declined to determine (balance): no tape or transcript of the item complained about.

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