BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
BSA Decisions
Peddie and Television New Zealand Ltd - 2023-054 (30 August 2023)

The Authority has not upheld a complaint a 1 News item on the Ministerial Inquiry into woody debris (including forestry slash) and sediment in Tairāwhiti | Gisborne and Wairoa was inaccurate, due to the inclusion of some background footage of a forest near Tūrangi which had suffered windthrow. The complainant alleged the footage misled the audience to think forest damaged by windthrow was an example of what poor practices in the forestry sector look like. The Authority found the alleged inaccuracy was not material, and would not have significantly impacted viewers’ understanding of the item as a whole.

Not Upheld: Accuracy

Wilson and NZME Radio Ltd - 2023-045 (30 August 2023)

A news bulletin on Newstalk ZB reported on the upcoming speaking tour of New Zealand by Posie Parker. The complainant considered the item’s portrayal of Parker (including through its tone and description of Parker as an ‘anti-trans rights activist’ and a ‘trans-exclusionary speaker’ rather than a ‘women’s rights campaigner’) was in breach of the balance, fairness, accuracy and discrimination and denigration broadcasting standards. The Authority found the balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ a controversial issue of public importance and, in any event, listeners would have been aware of alternative viewpoints. The Authority also found, given Parker’s views, the descriptions ‘anti-trans rights activist’ and ‘trans-exclusionary speaker’ were fair and accurate. The discrimination and denigration standard did not apply.

Not Upheld: Balance, Fairness, Discrimination and Denigration, Accuracy

Ashton, Hickson & Speak Up For Women and Discovery NZ Ltd - 2023-028 (9 August 2023)

The Authority has not upheld complaints that the action taken by Warner Bros. Discovery in response to a breach of the accuracy and fairness standards – during a Newshub Live at 6pm item on Immigration New Zealand’s decision to allow Posie Parker’s entry to New Zealand – was insufficient. The broadcaster upheld the complaints relating to a clip of Parker, which the reporter stated had been blurred because Parker was ‘using a hand signal linked to white supremacists’. The broadcaster conceded that blurring Parker’s hands was potentially misleading as it prevented audiences from making their own assessment of the footage, and potentially unfair as Parker’s intention was unclear. The broadcaster removed the video in the online version of the story and replaced it with a clip of Parker’s position on neo-Nazis, which the Authority found was sufficient and proportionate action in the circumstances. The Authority did not uphold the remainder of the complaints.

Not Upheld: Action Taken (Accuracy and Fairness), Accuracy, Fairness, Balance and Discrimination and Denigration.

Owen & Healing and Television New Zealand Ltd - 2023-037 (9 August 2023)

The Authority has not upheld complaints an item on 1 News reporting on Immigration New Zealand’s decision to review Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand breached broadcasting standards. The complainants were concerned with: the report’s description of Parker as ‘anti-trans’ and of neo-Nazis ‘supporting’ Parker; the lack of interviewees supporting Parker in the reports; and the unfair treatment of Parker. The Authority found the items were sufficiently balanced by significant perspectives included both within the broadcast and in other coverage within the period of current interest; any criticism of Parker did not exceed the robust scrutiny expected of public figures; and it did not breach standards to describe Parker as ‘anti‑trans’ (given her views) or to state that neo-Nazis ‘supported’ her at a previous rally.

Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration

Wakeman and Television New Zealand Ltd - ID2023-050 (9 August 2023)

The complainant referred a complaint concerning an item broadcast on 1 News accompanied by submissions in excess of 100 pages, indicating further submissions would be required. The Authority ordered the complainant to resubmit the complaint in a more proportionate form, constituting a single submission not exceeding 2,000 words, within 20 working days of this decision.

Order to resubmit complaint in a form not exceeding 2,000 words within 20 working days

Kerr and Television New Zealand Ltd - 2023-022 (9 August 2023)

The Authority has not upheld a complaint an episode of So Dumb its Criminal broadcast at 9.30pm on Duke breached the offensive and disturbing content and discrimination and denigration standards. The broadcast, hosted by Snoop Dogg, featured a panel of Black comedians commenting on clips of criminals making ‘dumb’ mistakes. The commentary by the panel included multiple uses of the n-word, jokes about white people and ‘white privilege’, and what appeared to be a reference to a fictional kung fu character when describing one of the people featured. While the Authority acknowledged the potential harm in the use of the n-word, it noted this word has been ‘reclaimed’ by the communities affected by it, and was used in the broadcast by Black comedians joking amongst themselves. It also noted that while the jokes made by the presenters had the potential to offend some people, they were a legitimate expression of humour and/or satire, and were not made with malice or nastiness. Ultimately, taking into account other contextual factors including the programme’s 16LC rating, the time of the broadcast, and an explicit preceding warning that the programme contained frequent use of coarse language and content that may disturb some people, the Authority found the broadcast did not contain material of a level reaching the high threshold for finding a breach under the offensive and disturbing content and discrimination and denigration standards.

Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration

Leitch & Shadbolt and Discovery NZ Ltd - 2023-038 (9 August 2023)

The Authority has not upheld complaints concerning a promo for the programme MILF Manor, broadcast during episodes of Ice Vikings and Border Patrol. The complainants considered the use of the term ‘MILF’ offensive, even if the word was not spelled out. The Authority found the promo complied with the PG classification of its host programmes and that use of the term ‘MILF’ was not likely to seriously violate community norms or disproportionately disturb the audience. It also did not consider the promo was likely to adversely affect children. The promotion of illegal or antisocial behaviour standard did not apply.

Not Upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour

Smyth & Douglas and Television New Zealand Ltd - 2023-036 (9 August 2023)

The Authority has not upheld complaints an item on 1 News reporting on events the day of Kellie-Jay Keen-Minshull’s (also known as Posie Parker) Auckland rally, including her decision to abandon the event, breached the balance standard. The complainants were concerned with: the item’s description of Parker as ‘anti-trans’; the lack of interviewees supporting Parker in the reports; and the ‘attitude and tone of reporters’ covering the story. The Authority found the item was sufficiently balanced by significant perspectives included both within the broadcast and in other coverage within the period of current interest; and it did not breach standards to describe Parker as ‘anti‑trans’ (given her views). Further, the standard is not directed at ‘bias in and of itself’, meaning broadcasters are entitled to present matters from particular perspectives or with a particular focus.

Not Upheld: Balance

Visions of a Helping Hand Charitable Trust and Television New Zealand Ltd - 2022-132 (9 August 2023)

The Authority has not upheld a complaint concerning a Sunday investigation report looking into issues with emergency housing in Rotorua, and a follow-up item on 1 News. The majority of the Sunday broadcast focused on allegations against the largest contracted emergency housing provider in Rotorua, Visions of a Helping Hand (Visions), and its contracted security company Tigers Express Security Ltd – both led by CEO/Director Tiny Deane. Visions complained the broadcast was unbalanced, misleading, and unfair to Visions, Tigers Express Security and Deane. Noting the very high public interest and value in the story overall, the Authority found most of Visions’ concerns with the broadcast could have been addressed had it provided a substantive response to the reporter on the issues raised – who had made numerous attempts over more than a month to obtain comment from Visions and Deane. On that basis the Authority did not uphold the fairness, accuracy or balance complaints. A privacy complaint concerning a woman and her children who were featured walking down the street as part of a fleeting establishing shot was also not upheld.

Not Upheld: Balance, Accuracy, Fairness, Privacy

Girardin and Discovery NZ Ltd - 2023-039 (9 August 2023)

The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards.

Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration

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