BSA Pānui - Focus on privacy

Number 157
Kia ora koutou

Next week is Privacy Week, and as part of this year’s theme of ‘Privacy on Purpose’ the BSA is again putting a focus on privacy and the media.
 
In association with the Office of the Privacy Commissioner, I’ll be presenting a Privacy Week webinar exploring how people’s right to privacy intersects with the right of media to gather, record and broadcast/publish material in the public interest.
 
We expect this will be of interest to a wide range of people, but would like to extend a special invitation to broadcasters and stakeholders. The webinar is scheduled for 10-11am on Wednesday 14 May, and you can register for it hereopen_in_new.
 
In my presentation, I’ll focus on the privacy standard, which is one of eight standards overseen by the BSA to help achieve our vision of freedom in broadcasting without harm.
 
While privacy is the subject of relatively few complaints (6 complaints in 2023/24), compared with the likes of accuracy, balance and fairness (69, 62 and 45 complaints), privacy complaints are often highly sensitive for those whose privacy is alleged to have been breached. They can involve particularly challenging and complex weighing of freedom of expression versus potential harm.
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Unlike complaints under other standards in the Broadcasting Codebook, privacy complaints can be made directly to the BSA, without needing to go to the broadcaster first. This is because privacy is recognised in broadcasting standards as a special and important right.
 
As with other standards, broadcasters get things right in the overwhelming majority of cases. The BSA has upheld seven privacy complaints in the past five years. These can be seen hereopen_in_new.
 
More information on the privacy standard and how it applies to TV and radio broadcasts can be seen in the Broadcasting Standards Codebookopen_in_new. For a more high-level introduction to the eight broadcasting standards, see our quick-guide video hereopen_in_new.

 
Media literacy resource
 
This month also marks the return of Media Literacy Week (26 to 30 May) to schools across New Zealand.
 
In association with the organisers from the National Association of Media Educators (NAME)open_in_new, and the New Zealand Media Council, we’ve created a new educational resource to help high-school students navigate the media landscape and identify sources of reliable information.
 
This discusses the role of media standards and how they apply to regulated media, and encourages students to think about how this can help them seek out information they can trust.
 
Our new resource is available in Englishopen_in_new and te reoopen_in_new on our website, and is being made available to students and teachers by NAME in the lead up to Media Literacy Week.
 
Ngā mihi mahana
Stacey Wood
Chief Executive
FEATURED DECISIONS

Jervis & Robertson and Television New Zealand Limited - 2024-103 (29 April 2025) open_in_new

The Authority has upheld two complaints concerning the accuracy of a brief 1News item on 15 November 2024 about heightened security in Paris following violence the previous week around a football match between Ajax and Maccabi Tel Aviv in Amsterdam. The item reported, ‘Thousands of police are on the streets of Paris over fears of antisemitic attacks…That's after 60 people were arrested in Amsterdam last week when supporters of a Tel Aviv football team were pursued and beaten by pro-Palestinian protesters.’ TVNZ upheld the complaints under the accuracy standard on the basis the item ‘lacked the nuance’ of earlier reporting on the events, by emphasising the ‘antisemitic’ descriptor while omitting to mention the role of the Maccabi fans in the lead-up to the violence. The Authority agreed with this finding and further found the action taken by TVNZ was insufficient. The broadcaster accepted more care should have been taken, but did not appear to have taken any action in response or made any public acknowledgement of the inaccuracy. The remaining standards raised in the complaints were not breached or did not apply.

Upheld: Accuracy (action taken). Not Upheld: Discrimination and denigration, Balance, Fairness. No Order 
 

Minto and Television New Zealand Ltd - 2025-002 (29 April 2025) open_in_new

The Authority has upheld an accuracy complaint from John Minto on behalf of Palestine Solidarity Network Aotearoa about 1News’ reporting of violence that unfolded in Amsterdam surrounding a football match between the local team Ajax and Israel’s Maccabi Tel Aviv. The reporting comprised a pre-ad-break trailer reporting ‘antisemitic violence’, an introduction by the presenter which included a montage of ‘disturbing’ footage of violence described by Amsterdam’s mayor as ‘an explosion of antisemitism’, and a pre-recorded BBC item.

The broadcaster upheld one aspect of the complaint, relating to mischaracterised footage used in the trailer and introduction, which was originally reported as showing Israeli fans being attacked, but later corrected by Reuters and other outlets to indicate it showed Israeli fans chasing and attacking one Dutch man. The Authority considered the footage contributed to a materially misleading impression created by TVNZ’s framing of the events, with an emphasis on antisemitic violence against Israeli fans without acknowledging the role of the Maccabi fans in the violence – despite that being reported elsewhere prior to this 1News item.

A majority of the Authority did not consider TVNZ had made reasonable efforts to ensure accuracy; the background to these events was highly sensitive and more care should have been taken in framing the story so as not to overstate, or adopt without question, the ‘antisemitic’ angle. The minority considered it was reasonable for TVNZ to rely on Reuters, the BBC and the views of Dutch officials who described the violence as ‘antisemitic’, in the context of a developing story overseas in which not all facts were clear at the time of this broadcast.

The Authority considered TVNZ should have issued a correction when it became aware of the error with the footage. It therefore found the action taken was insufficient but considered publication of this decision adequate remedy in the circumstances.

Upheld: Accuracy.

Not Upheld: Balance.

No Order
 

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