BSA Pānui - April 2020

Number 99
MESSAGE FROM THE CHIEF EXECUTIVE
Kia ora koutou,

We are all living in extraordinary circumstances, each of us supporting our families, friends and our colleagues to engage in the fight against COVID 19 and to follow the advice to stay at home.

News and broadcast media have been recognised as an essential service, with the important role of keeping our community informed and connected, provided it can be done safely in accordance with the Government’s guidelines.  We do not underestimate the challenges presented to our broadcasting sector, including the impact the lockdown restrictions are having on businesses.

The BSA is fully operational with all of our staff and board working from home.  We are responding to public inquiries and engaging with the wider sector about how we can support broadcasters during this time. If broadcasters have any questions or suggestions about the impact of the lockdown on their operations or the complaints process please write to us so that we know what your needs are and we can assess how we may be able to help.

We are continuing to deal with complaints and to issue decisions under our normal process. The Authority successfully held their first remote meeting under the lockdown conditions on Monday – decisions from that meeting are now being prepared. Our recently published decisions are highlighted below.

Due to potential delays in post and courier services, we are encouraging as many people who can, to communicate with us via email or our online complaints form. We are working with broadcasters to maintain a smooth complaints process, but acknowledge that there may be some delays. We have implemented a prioritisation process to ensure that critical complaints are progressed first. We aim to keep complainants and broadcasters updated on our work.

Later this month, with the support of free-to-air television broadcasters, we will launch our awareness raising campaign ahead of the introduction of changes to timebands and classifications on free-to-air television which are due to take effect in early May 2020. Please keep an eye out for our press release on 17 April 2020.

Our research team has also commenced our annual Broadcaster Survey. We appreciate that completing a survey might not be a priority now, but it is open until the end of May, if you would like to provide your feedback.
 
Keep safe everyone, kia kaha.

Ngā mihi nui,
Belinda 

OVER THE LAST MONTH
  • As New Zealand is currently in Alert Level 4 lockdown we have closed our office. All staff and Authority members are working remotely.
  • We continue to operate our core services, receiving and determining complaints, providing guidance on the application of standards and assisting stakeholders. See more about how the BSA is handling COVID-19 on our websiteopen_in_new.
  • Government has also provided some guidance about news and media as essential services. The focus is on keeping news and information available to our diverse communities, while minimising the movement of people. Broadcasters are strongly urged to work from home wherever possible, keep onsite staff to a minimum, and work in accordance with the Ministry of Health guidelines. See the guidance provided hereopen_in_new.
  • The planned changes to free-to-air television timebands and classification labels are on track to take effect in early May. Look out for our announcement on 17 April 2020. You can read more about these changes here.open_in_new
  • We have been working with the sector and stakeholders to support broadcasters through this difficult time. This work is ongoing.
FEATURED DECISIONS

FREE-TO-AIR TELEVISION
ANZ Bank New Zealand Ltd and Television New Zealand Ltd - 2019-070 (25 March 2020) open_in_new
 
The Authority upheld a complaint from ANZ Bank New Zealand Ltd (‘ANZ’) that an item on Seven Sharp was inaccurate and misleading. The item concerned a customer who had had a dispute with the bank and in December 2018 entered an ANZ branch and pretended he had a bomb. The Authority agreed that the item breached the accuracy standard as it created a misleading impression that the customer was paid a settlement as a result of his actions at the bank, when in fact the dispute had been settled and he had received a settlement payment months earlier. The Authority considered the question of whether the item undermined law and order to be borderline. The broadcaster took a light-hearted human interest approach to a serious story, and the item risked encouraging and promoting illegal activity. However, the Authority concluded the presenters’ comments at the end of the item adequately denounced the actions, making it sufficiently clear that the customer’s actions were unacceptable. The Authority concluded that the item as a whole did not actively encourage illegal behaviour. The Authority acknowledged the broadcast may have been upsetting for bank staff involved in the events, but found the fairness standard could not be applied to them as viewers of the item (rather than participants). The Authority considered the publication of this decision sufficient to censure the breach of standards by the broadcaster and made no orders.

Upheld: Accuracy. Not Upheld: Law and Order, Fairness.
No order.

PAY TELEVISION
Francis and SKY Network Television Ltd - 2019-088 (9 March 2020) open_in_new
 
The Authority upheld complaints that the broadcast of potentially offensive language in two episodes of Inside the Red Arrows breached the good taste and decency and children’s interests standards. The complainant made separate complaints about each episode. The broadcaster did not respond within the required 20 working day statutory timeframe, although once the complaint was referred to the Authority, it responded to Mr Francis advising that his complaint about the first episode was upheld. It later advised the Authority that the second complaint was also upheld. Upon considering the substance of the complaints, the Authority recognised the value of the documentary series, however, it found that as the episodes were broadcast at 7.30pm, which is a time that children may be watching, and they were not preceded by any warning for language, the broadcasts breached the good taste and decency and children’s interests standards. Audiences were not given sufficient information about the episodes to exercise choice and control over their and their children’s viewing.

Upheld: Good Taste and Decency, Children’s Interests.
No orders

RADIO
Kauie and MediaWorks Radio Ltd - 2019-085 (25 March 2020) open_in_new
 
A complaint that a segment on The Breakfast Club, on More FM, where the hosts made jokes and puns about a woman who died after being pecked by a rooster, breached the good taste and decency standard has not been upheld. The Authority found that, while the comments were insensitive and had the potential to cause offence to family of the deceased, the programme as a whole did not reach the threshold required to justify a restriction on the broadcaster’s right to freedom of expression. The Authority found that, considering the context of the item (including the target audience of More FM and the audience expectations surrounding The Breakfast Club and its hosts) and the tone of the item, the item did not undermine widely shared community standards and was unlikely to cause widespread undue offence or distress.

Not upheld: Good taste and decency

LATEST DECISIONS

MEDIA NEWS
New Zealand
Abroad

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