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Number 85
Message from the Chief Executive
Tēnā koutou
In September, we will be marking two important occasions - Māori Language Week and the 125th anniversary of women's suffrage.
This year, Māori Language Week runs from 10-16 September, focusing on strengthening the language - ‘kia kaha te Reo Māori’. Broadcasting plays an important role in the preservation and revitalisation of te reo Māori. We value working with iwi radio and television broadcasters and supporting them to meet broadcasting standards, as they connect with communities throughout New Zealand.
On 19 September we also celebrate the 125th anniversary of women’s suffrage in New Zealand. In 1893 the Electoral Act 1893 was passed, making New Zealand the first country to grant women the right to vote. Broadcasting again plays a pivotal role in bringing to the fore issues relating to women’s empowerment.
August has been an industrious month for our team, engaging with New Zealanders in our public consultation on free-to-air television timebands and classifications. We have valued hearing from many of you at our meetings across the country, via email and through our online survey.
Submissions on the consultation close today, 31 August 2018 - you can still have your say by emailing us at info@bsa.govt.nz or by completing the online survey hereopen_in_new before the end of the day. Details about the consultation are available on our websiteopen_in_new.
Finally, this month we farewell our intern, Gianina Schwanecke, and wish her all the best as she completes her post-graduate journalism diploma.
Ngā mihi Belinda
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In case you missed it, this month we:
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Summaries for three of these decisions are highlighted below.
Upheld
- Supreme Sikh Society, Kalgidhar Sports Club & Majinder Singh Bassi and Planet FMopen_in_new - Panthic Vichar - Fairness, Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy - Upheld (Fairness) - No Order
- South Waikato District Council and MediaWorks TV Ltdopen_in_new - The Project - Balance (Action Taken), Fairness (Action Taken), Accuracy - Upheld - Order: Section 13(1)(a) broadcast statement
- Harvey and Lorck and MediaWorks TV Ltdopen_in_new - Newshub - Accuracy, Fairness - Orders: Section 13(1)(a) broadcast statement on air, online and in print; Section 16(1) $2,000 legal costs to complainant; Section 16(4) $1,000 costs to the Crown
- RK and Television New Zealand Ltdopen_in_new - 1 News - Accuracy, Fairness, Balance, Privacy, Children’s Interests, Programme Information - Upheld (Accuracy, Fairness, Balance) - No Order
- West and Television New Zealand Ltdopen_in_new - 1 News - Accuracy, Balance - Upheld (Accuracy) - No Order
Not Upheld
- Loder and Radio New Zealand Ltdopen_in_new - Morning Report - Balance, Fairness
- Lowry and Television New Zealand Ltdopen_in_new - 1 News - Good Taste and Decency, Fairness
- Mclean and Television New Zealand Ltdopen_in_new - Shortland Street - Good Taste and Decency, Children’s Interests, Discrimination and Denigration
- Reekie and MediaWorks TV Ltdopen_in_new - The AM Show - Good Taste and Decency, Law and Order, Discrimination and Denigration, Accuracy, Balance
- Beynon and NZME Radioopen_in_new - Sarah, Sam and Toni - Discrimination and Denigration
- Edgington and Television New Zealand Ltdopen_in_new - 1 News - Accuracy, Balance, Law and Order, Discrimination and Denigration, Privacy, Fairness
- GL and MediaWorks TV Ltdopen_in_new - Newshub - Fairness, Accuracy, Balance, Law and Order - Not Upheld by Majority
- Morris and SKY Network Television Ltdopen_in_new - Prime News - Accuracy, Fairness
- Shierlaw and Television New Zealand Ltdopen_in_new - Breakfast - Balance
- 20 Complainants and Radio Virsaopen_in_new - Bhakhde Masley - Privacy, Balance, Accuracy, Fairness, Discrimination and Denigration
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Complaints about Free-to-Air Television Broadcasts
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Harvey and Lorck and MediaWorks TV Ltd - 2018-036open_in_new
Over two evenings, on 20 and 21 January 2018, Newshub reported on the delayed launch of a rocket from the Māhia Peninsula, due to a boat being in the exclusion zone around the launch site. The first item strongly implied that Hastings District Councillor Damon Harvey was responsible for the delayed launch, referring to a tweet, featuring a photo of the launch site, that the reporter said was tweeted by Mr Harvey ‘around the same time’ as the launch delay. The second item included a short comment from an interview with Mr Harvey. The Authority found parts of these broadcasts were inaccurate and misleading, and were unfair to Mr Harvey. The broadcaster relied on social media content as a basis for the story without taking reasonable steps to inform the complainants of their contribution to the programme, or to verify that the content was what the reporter claimed. As a result, viewers were misled about who was responsible for the launch delay. Mr Harvey’s interview comments were also edited in a way that was misleading and unfair, so he was not given a fair and reasonable opportunity to respond to the story.
Upheld: Accuracy, Fairness. Orders: Section 13(1)(a) broadcast statement on air, online and in print; Section 16(1) $2,000 legal costs to complainant; Section 16(4) $1,000 costs to the CrownRead our media release on this decision hereopen_in_new.
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Complaints about Radio Broadcasts
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Supreme Sikh Society, Kalgidhar Sports Club & Majinder Singh Bassi and Planet FM - 2018-040open_in_new
The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English. The Authority did not make any orders.
Upheld: Fairness; Not Upheld: Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy. No Order
Read our media release on this decision, available in English and Punjabi, hereopen_in_new.
20 Complainants and Radio Virsa - 2018-039open_in_new
The Authority has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants. The individuals referred to were either deceased (so the privacy standard could not apply) or lived overseas, making it difficult to assess the harm that could have been caused. The discussion was ultimately hypothetical and was not intended to be taken literally. The Authority noted that the right to freedom of expression comes with responsibilities by those who exercise it, and it is clear that this broadcast caused offence and significant division within the Sikh community in New Zealand. On this occasion, however, the Authority could not uphold the complaints based on the particular standards raised.
Not Upheld: Privacy, Balance, Accuracy, Fairness, Discrimination and Denigration
Read our media release on this decision, available in English and Punjabi, hereopen_in_new.
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