BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

Harter and Discovery NZ Limited - 2021-049 (6 September 2021)

Members
  • Susie Staley MNZM (Chair)
  • Leigh Pearson
  • Paula Rose QSO
Dated
Complainant
  • Glen Harter
Number
2021-049
Programme
The Project
Broadcaster
Discovery NZ Ltd
Channel/Station
Three

Summary  

[This summary does not form part of the decision.]

The Authority declined to determine a complaint about a promo of The Project as the complainant is responsible for identifying the programme the subject of his complaint1 and his complaint did not appear to relate to the identified broadcast content.

Declined to determine: Good Taste and Decency, Children’s Interests, Discrimination and Denigration


The broadcast

[1]  At 6.37pm on 30 April 2021, a promo for The Project was broadcast. The promo featured a clip of Michael B Jordan working out in a black singlet with the following dialogue:

Kanoa Lloyd                Tonight, we've got one of the hottest Michaels in the world. And it's not my husband, it's Michael B Jordan.

Jeremy Corbett           Plus, women's rugby is lacking representation, but could tomorrow's first ever women's Super-Rugby face-off be a sign that is about to change. That's at seven.

The complaint and the broadcaster’s response

[2]  Glen Harter complained the broadcast breached the good taste and decency, children’s interests and discrimination and denigration standards:

  • ‘Listening to Kanoa go on about a guy with his top off was pretty off…not something I want my 3 children to hear before bedtime.’
  • ‘Kanoa was being quite vulgar about an actor with his shirt off, Jeremy Corbett said hopefully he does the interview with his shirt on and Kanoa said something along the lines of him keeping his shirt off. I found it offensive and if the roles were reversed and a male presenter said the same thing about a female actor there would be an uproar.’
  • ‘I don’t want my kids hearing a tv personality degrading and sexualising people on the tv.’

[3]  While his original complaint referred to The Project programme (rather than the promo) it was subsequently clarified that his complaint related to the promo.

[4]  In its response to Mr Harter, Discovery NZ apologised for any offence the promo may have caused Mr Harter but did not find any grounds to uphold the complaint.

Outcome: Declined to determine

[5]  We have watched the promo referred to above, as well as two other promos for The Project broadcast either side of the time identified by the complainant.

[6]  None of the promos contained the exchange with Jeremy Corbett which the complainant referenced and the 6.37pm promo, described at paragraph [1], is the only one where Ms Lloyd comments on Mr Jordan. The Authority has endeavoured to clarify this discrepancy with the complainant but he has not responded on the issue.

[7]  Section 11(b) of the Broadcasting Act 1989 authorises the Authority to decline to determine a complaint if it considers that, in all the circumstances of the complaint, it should not be determined by the Authority.

[8]  As the complainant is responsible for identifying the programme the subject of his complaint2 and his complaint did not appear to relate to the identified broadcast content we consider it appropriate to exercise our section 11(b) power.

For the above reasons the Authority declines to determine the complaint under section 11(b) of the Broadcasting Act 1989.

Signed for and on behalf of the Authority

 

Susie Staley MNZM
Acting Chair
6 September 2021

 


Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Glen Harter’s original complaint to Discovery NZ – 30 April 2021

2  Discovery NZ’s response to Mr Harter – 24 May 2021

3  Mr Harter’s referral to the Authority – 24 May 2021

4  Discovery confirming no further comments – 25 May 2021

5  Mr Harter confirming the complaint was about the promo – 25 May 2021

6  Discovery sending further broadcasts and confirming information requested by the Authority – 15 June 2021

7  The Authority seeking clarification from Mr Harter on content complained about – 12 August 2021

8  Mr Harter’s response to the Authority – 12 August 2021


1 Guide to the BSA Complaints Process for Television and Radio Programmes, Broadcasting Standards in New Zealand Codebook, page 58
2 Guide to the BSA Complaints Process for Television and Radio Programmes, Broadcasting Standards in New Zealand Codebook, page 58