BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present
BSA Decisions
Gaier and NZME Radio Ltd - 2023-031 (26 July 2023)

The Authority has not upheld a complaint that a replay of a broadcast of Brad and Laura on The Hits breached the promotion of illegal or serious antisocial behaviour standard by presenting the action of running over ‘carpark savers’ as humorous. The show discussed the issue of people standing in carparks to save them for other people, and featured interaction with listeners in response to this, which included the suggestion of running over people saving carparks. Overall the Authority did not consider the likely impact of this programme would be to encourage the audience to actually run over ‘carpark savers.’ The audience would have understood the hosts’ reaction of giving a caller who made this suggestion a prize was merely an appreciative response to their joke, which was clearly hyperbole and intended to be humorous.

Not Upheld: Promotion of Illegal or Antisocial Behaviour

Francis and Discovery NZ Ltd - 2023-027 (26 July 2023)

The Authority has not upheld a complaint that an episode of Married At First Sight Australia, broadcast at 7.30pm, breached the children’s interests standard. The complainant considered the programme ‘promotes toxic and inappropriate relationships’ and was not suitable for broadcast during children’s viewing times. The Authority found the broadcast’s content did not go beyond well-established audience expectations of the programme, and that it complied with its PG-L classification (Parental Guidance recommended; Language may offend). The Authority was therefore satisfied sufficient, reliable information was provided to enable audiences to exercise discretion with regard to children’s viewing.

Not Upheld: Children’s Interests

Rolston and Discovery NZ Ltd - 2023-024 (26 July 2023)

The Authority has declined to determine a complaint an item on Newshub Live at 6pm breached the accuracy and balance standards, for including a statement linking the Auckland Anniversary floods to climate change. The complainant considered the broadcast should not have contained reference to climate change, and that climate change should not be presented as fact. Given the Authority has previously found the existence of climate change caused by humans is not a controversial issue of public importance for the purpose of the balance standard, and the accuracy standard is only concerned with material statements of fact, the Authority considered it appropriate to decline to determine the complaint.

Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances the complaint should not be determined): Accuracy, Balance

Absalom and MediaWorks Radio Ltd - 2023-030 (26 July 2023)

A Today FM news bulletin featured an item reporting on pro-trans demonstrations at an Auckland event where ‘anti-trans rights activist’ Posie Parker had been scheduled to speak. The complainant considered the item’s description of Parker as an ‘anti-trans rights activist’ rather than a ‘women’s rights campaigner’ was in breach of the fairness, balance, accuracy and discrimination and denigration broadcasting standards. The Authority found that, given Parker’s views, the description ‘anti-trans rights activist’ was not unfair given its literal accuracy. The balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ the issue and, in any event, listeners were alerted to alternative viewpoints in the item. The discrimination and denigration and accuracy standards were not breached.

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

Hobbs & McNamara and Television New Zealand Ltd - 2023-025 (26 July 2023)

The Authority has not upheld two complaints about an interview on Q+A with Jack Tame with recently-appointed Prime Minister Chris Hipkins, covering a wide range of topics. One complaint alleged Tame was rude and disrespectful in his interviewing style and showed ‘complete disregard for the position of the country's Prime Minister’. The other complaint alleged comments made by Tame about former Prime Minister Jacinda Ardern’s strengths particularly in the foreign policy sphere (including that she appeared on the cover of Vogue and had ‘soft power’) amounted to ‘misogyny’ by suggesting this was due to her looks, and reflected ‘bigoted views towards women’. The Authority found Tame’s interview style and questioning did not go beyond the level of robust scrutiny or challenge that could reasonably be expected in an interview with the Prime Minister on issues of high public importance. The Authority also found Tame’s comments related to Ardern as an individual, rather than commenting on women as a section of the community, but in any case would not reach the threshold for finding a breach of the discrimination and denigration standard.

Not Upheld: Fairness, Discrimination and Denigration

Monaghan and Television New Zealand Ltd - 2023-029 (26 July 2023)

The Authority has declined to determine a complaint that the use of the word ‘Jesus’ as an exclamation during an episode of Shortland Street breached broadcasting standards. In light of the Authority’s guidance on complaints that are unlikely to succeed, and previous decisions on the use of ‘Jesus’ and ‘Christ’ as exclamations, the Authority considered it appropriate to decline to determine the complaint.

Declined to determine (section 11(b) in all the circumstances): Offensive and Disturbing Content, Discrimination and Denigration

Radford and Television New Zealand Ltd - 2023-014 (28 June 2023)

The Authority has upheld a complaint that an episode of wildlife documentary series Our Big Blue Backyard, classified ‘G’ and broadcast on TVNZ 1 at 7.30pm, breached the children’s interests standard. This was on the basis the episode should have instead been rated ‘PG’, to signpost to parents or caregivers that supervision was recommended for younger viewers. The episode featured a scene where a female bottlenose dolphin was pursued, trapped and mated with by a group of male bottlenose dolphins. The Authority found the scene went beyond audience expectations of the programme’s ‘G’ rating as it featured mature themes, graphic images, and was dramatised in such a way that it may have been alarming or distressing for any children watching, and required adult supervision and guidance.

Upheld: Children’s Interests

No Order

Cobham, Findlay & Cox and NZME Radio Ltd - 2023-023 (28 June 2023)

The Authority has not upheld complaints that comments made during Early Edition with Kate Hawkesby allegedly downplayed the severity of ex-Tropical Cyclone Gabrielle and associated warnings and safety measures, in breach of several broadcasting standards. The broadcast occurred during the early stages of ex-Tropical Cyclone Gabrielle, and featured Hawkesby and Mike Hosking remarking, among other things, that people ‘love the panic’, had become ‘soft’ and there was no reason for ‘this level of hysteria’. The Authority considered the comments were dismissive of the weather event and insensitive to those already suffering the consequences of Gabrielle. However, the inclusion of interviews with people taking the situation seriously (for example weather experts and a member of Parliament), regular news updates which reported the warnings in place, feedback from listeners directly affected by Gabrielle, and comments by the host that she may be proven wrong, meant that the overall effect of the broadcast would not have promoted seriously antisocial behaviour, or resulted in listeners being misled. The offensive and disturbing content and fairness standards either did not apply or were not breached.

Not Upheld: Promotion of Illegal or Antisocial Behaviour, Accuracy, Offensive and Disturbing Content, Fairness

Pemberton and NZME Radio Ltd - 2023-032 (14 June 2023)

The Authority has declined to determine an accuracy complaint about a news bulletin referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination.

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

Pemberton and Television New Zealand Ltd - 2023-033 (14 June 2023)

The Authority has declined to determine an accuracy complaint about a news item referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination.

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

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