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Number 88
Message from the Chief Executive
Tēnā koutou
2018 has moved with pace and has brought change, challenge and opportunities with it.
For the BSA, we have continued to work on a steady stream of complaints, with 148 complaints received and 89 decisions issued so far in this calendar year. We have worked seamlessly through a change in Authority membership and changes to our staff team (see more in BSA News below). The Authority is due to hold their last meeting for the year next week, where a number of complex complaints will be considered. Our research into community attitudes to nudity is now underway and our new website build is gaining momentum, assisted by the feedback we have had from stakeholders.
As we head towards the summer break, the BSA team thank you for working alongside us this year and engaging in our work to support fairness and freedom in broadcasting. I also thank the BSA staff and Board team for working so tirelessly throughout this year. Our office will be closed from 5pm on 21 December 2018 and will reopen on 7 January 2019.
We wish you all a restful and safe festive season and best wishes for the year ahead.
Ngā mihi
Belinda
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In case you missed it, over the last month:
- The Authority determined and published ten broadcasting standards decisionsopen_in_new.
- We have progressed our website refresh project, with our current focus on re-writing content to ensure the complaints process is accessible and easy to understand.
- We also provided broadcasters with a summary of the results of our publicity notice audit and some general guidance on compliance. If you require further guidance or support, or if you would like us to work with you on your publicity notice, please email info@bsa.govt.nz.
- We bid Patricia Windle, our Legal Manager, ka kite ano for 12 months of parental leave and we welcomed Helen Cruse as Legal Manager in her place. Grace Tong has also joined the team as our graduate Legal Advisor.
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BSA Holiday Office Closure
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The BSA office will be closed from 5pm Friday 21 December 2018 and will re-open on Monday 7 January 2018.
Formal complaint referrals may be lodged during this time through our website or by email to complaints@bsa.govt.nz.
Under the Broadcasting Act 1989, the days from 25 December - 15 January are excluded from the definition of 'working days', for the purposes of calculating the 20 'working days' complaints timeframe. This means the timeframes for making a complaint and responding to a complaint are extended over this period.
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The ten decisions issued in November are available on our website, and include:
- Rose and Television New Zealand Ltdopen_in_new - 1 News - Accuracy, Balance, Fairness (Not Upheld)
- Sarah and Television New Zealand Ltdopen_in_new - Shortland Street - Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Alcohol, Balance, Accuracy, Fairness (Not Upheld)
- Byrne and Television New Zealand Ltdopen_in_new - Children Who Kill Promo - Children's Interests, Violence (Not Upheld)
- Haverland and MediaWorks TV Ltdopen_in_new - Body Fixers Promo - Good Taste and Decency (Not Upheld)
- Hummelstad and MediaWorks TV Ltdopen_in_new - Newshub - Good Taste and Decency, Discrimination and Denigration, Balance, Fairness (Not Upheld)
- Lowes and Television New Zealand Ltdopen_in_new - Waka Huia - Accuracy, Discrimination and Denigration (Declined to Determine)
- Walker and MediaWorks Radio Ltdopen_in_new - Song 'Talk Dirty' - Good Taste and Decency, Children's Interests (Not Upheld, highlighted below)
- Hyslop & McElroy and Television New Zealand Ltdopen_in_new - Naked Attraction - Good Taste and Decency, Discrimination and Denigration, Privacy (Not Upheld, highlighted below)
- Parlane and MediaWorks Radio Ltdopen_in_new - Drive - Balance, Accuracy, Law and Order, Discrimination and Denigration, Good Taste and Decency, Programme Information, Privacy, Fairness (Not Upheld)
- Parlane and Radio New Zealand Ltdopen_in_new - Checkpoint - Accuracy, Fairness, Balance, Good Taste and Decency (Not Upheld)
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Complaints about Free-to-Air Television Broadcasts
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Hopen_in_newyslop & McElroy and Television New Zealand Ltd - 2018-073open_in_new
The Authority has not upheld two complaints about two episodes from the second season of British dating game show, Naked Attraction, broadcast on TVNZ 2 at 9.30pm on Friday 27 July 2018 and Friday 3 August 2018. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. The complaints alleged these episodes of Naked Attraction contained a high level of full-frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme was degrading and breached the privacy of the participants. The Authority found that while the programme may not have been to everybody’s taste, it was preceded by a clear warning, contained many body-positive messages and those involved in the programme spoke positively of their experiences. Given the tone of the programme, there was no element of exploitation or humiliation of participants and it was clear that they had given their consent to appear on the programme. Overall, the Authority did not consider that the alleged harm caused by the broadcast outweighed the important right to freedom of expression, taking into account the above contextual factors and the protections available to viewers, including a detailed warning, to help them make an informed choice about whether to watch the programme.
Not Upheld: Good Taste and Decency, Discrimination and Denigration, Privacy
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Complaints about Radio Broadcasts
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Walker and MediaWorks Radio Ltd - 2018-069open_in_new
The Authority has not upheld a complaint that it was inappropriate to broadcast the song ‘Talk Dirty’ by Jason Derulo at 4pm on The Edge. The Authority noted the language complained about was censored in the song, minimising any potential offence or harm caused. Taking into account relevant contextual factors, including audience expectations of The Edge and the popularity and longevity of the song (first released in 2013), the Authority found that children’s interests were adequately considered and the song was unlikely to cause widespread undue offence. Accordingly, any restriction of the right to freedom of expression on this occasion would be unjustified.
Not Upheld: Good Taste and Decency, Children's Interests
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