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Bulletin Number 93
Message from the Chief Executive
Tēnā koutouThis month our refreshed strategic framework for 2019/20 takes effect, with a focus on harm and increasing our engagement and education with broadcasters and the public. This comes together under our refreshed vision statement, Freedom in Broadcasting without Harm. Our new Statement of Performance Expectationsopen_in_new sets out how we intend to deliver on this strategy. The BSA's vision and purpose is to prevent harm to New Zealanders, while fairly balancing the broadcasters' right to freedom of expression, and reflecting the values of New Zealand's liberal democratic society. This refreshed purpose statement reflects the Authority’s decision-making role. In dealing with complaints about broadcast content, the Authority considers whether a broadcast has caused harm to a degree that justifies limiting the right to freedom of expression. The standards impose reasonable restrictions on the exercise of the right and are designed to protect audiences from harm. When making the assessment the Authority will take into account views and values of our diverse New Zealand communities.
Our key strategic outcome is that New Zealanders can confidently engage with broadcast content that does not cause harm. To support this, the BSA will increase its engagement with broadcasters to support them to understand and apply the broadcasting standards. We will also increase our engagement with the public to promote the standards system, so that audiences understand the tools that are available to them to safely manage content and make informed decisions about what they, and children in their care, watch and listen to. Tools include classifications, warnings, programme guides and parental locks. Importantly, we will increase our connection with our diverse communities to ensure that our services are known and accessible to all who may need them.We hope you enjoy this Pānui for June and July and please don't hesitate to get in touch if you have any feedback. Ngā mihi
Belinda
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Over June and July:
- The Authority published fourteen broadcasting standards decisionsopen_in_new, with more decisions to be released in the coming month.
- Our research into nudity on screen, sexual media content, youth and harmopen_in_new was published. This research comprised: a literature review conducted by The Collaborative Trust and our annual litmus testing research, which explored the public's views about nudity on screen and whether they agreed with the BSA's recent decisions on complaints relating to nudity on screen. You can read the findings of these reports here open_in_newand hereopen_in_new.
- We released our refreshed strategic framework, with a new vision statement, Freedom in Broadcasting without Harm. See the new Statement of Performance Expectationsopen_in_new and our media release on the refresh hereopen_in_new.
- We released the results of our two-yearly public awareness surveyopen_in_new, which found that awareness of the BSA, broadcasting standards and the complaints process remains high.
- An external review of the Authority's decisions under the discrimination and denigration standardopen_in_new was completed. The reviewer agreed with all decisions reviewed and considered the decisions reflected a consistency of approach, were well written and were easy to understand. Important feedback was provided to the Authority, which will be taken into account in future decisions and in the next review of the standard.
- We kick-started our review of the Election Programmes Code with consultation with broadcasters and political party secretaries. We are reviewing feedback and expect the updated draft Code to be released for public consultation in August - September 2019.
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The fourteen decisions issued over June and July are available on our website, and include:
- Horowhenua District Council and MediaWorks Radio Ltdopen_in_new - The Long Lunch - Fairness (Action Taken), Balance, Accuracy (Upheld); Order: Section 13(1)(a) - broadcast statement (highlighted below)
- Housing New Zealand Corporation and Māori Television Serviceopen_in_new - Te Kāea - Balance, Accuracy, Fairness (Upheld); No Order
- van der Merwe and MediaWorks TV Ltdopen_in_new - Harnas Wildlife Rescue Camp - Accuracy (Not Upheld)
- Finau and Television New Zealand Ltdopen_in_new - Mastermind New Zealand - Accuracy, Balance (Not Upheld)
- Golden and Radio New Zealand Ltdopen_in_new - Nights (22 Jan) - Accuracy (Not Upheld)
- Hales and Television New Zealand Ltdopen_in_new - Family Guy - Good Taste and Decency (Not Upheld)
- Reekie and MediaWorks TV Ltdopen_in_new - The AM Show (3 December) - Good Taste and Decency, Discrimination and Denigration, Law and Order (Not Upheld)
- Reekie and MediaWorks TV Ltdopen_in_new - The AM Show (11 December) - Accuracy (Not Upheld)
- Golden and Radio New Zealand Ltdopen_in_new - Nights (1 Feb) - Accuracy (Declined to Determine); Order: Section 16(2)(a) - $100 costs to the broadcaster
- Forsyth and Radio New Zealand Ltdopen_in_new - Children's Storytime replacement programming following 15 March mosque attacks - Children's Interests (Not Upheld) (highlighted below)
- DV and MediaWorks TV Ltdopen_in_new - Newshub + The AM Show - Privacy (Not Upheld)
- Gray, Scott, Vickers & Vink and MediaWorks TV Ltdopen_in_new - The AM Show - Good Taste and Decency, Discrimination and Denigration, Balance, Children's Interests, Violence, Law and Order (Not Upheld) (highlighted below)
- Harrison and MediaWorks Radio Ltdopen_in_new - Dom, Meg & Randell - Good Taste and Decency, Children's Interests (Not Upheld)
- Marra and MediaWorks Radio Ltdopen_in_new - Magic Afternoons with Sean Plunket - Fairness, Balance, Discrimination and Denigration (Not Upheld)
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Complaints about Radio Broadcasts
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Horowhenua District Council and MediaWorks Radio Ltdopen_in_new - 2018-105 A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying. Finally, the Authority found the broadcast was likely to mislead audiences by giving the impression that HDC had a systemic culture of bullying, through the absence of the presentation of alternative perspectives, and upheld the complaint under the accuracy standard.Upheld: Fairness (Action Taken), Balance, Accuracy
Order: Section 13(1)(a) broadcast statement You can read our media release on this decision hereopen_in_new.
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Forsyth and Radio New Zealand Ltdopen_in_new - 2019-022
The Authority has not upheld a complaint that replacement programming broadcast on RNZ National instead of Children’s Storytime breached the children’s interests standard. On 17 March 2019, shortly after the 15 March 2019 attacks on two mosques in Christchurch, instead of the usual Children’s Storytime, RNZ played excerpts from the podcast Public Enemy, a four-part series from 2016/17 looking at growing up Muslim in the post September 11 world. The Authority found that while the replacement broadcast contained material that could be disturbing for children, and while there was a greater chance of children tuning in due to the usually scheduled programming at that time, the broadcaster took steps to adequately inform listeners of the nature of the programme. This would have enabled caregivers to decide whether the content was suitable for children in their care. Further, the replacement programme had significant public interest in the context of the recent 15 March attacks. The Authority therefore found any restriction on the right to freedom of expression would be unjustified.Not Upheld: Children's Interests You can read our media release on this decision hereopen_in_new.
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Complaints about Free-to-Air Television Broadcasts
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Gray, Scott, Vickers & Vink and MediaWorks TV Ltdopen_in_new - 2018-100
The Authority has not upheld four complaints about a segment on The AM Show, which featured host Duncan Garner criticising parents who do not vaccinate their children, using terms such as ‘murderers’ and ‘bloody idiots’, and stating they should be ‘stripped of their right to spread their message and their viruses’. The Authority found that, taking into account audience expectations of Mr Garner and The AM Show, alongside other contextual factors, Mr Garner’s comments did not breach broadcasting standards. With regard to the balance standard, the Authority found that, while the anti-vaccination movement was a controversial issue of public importance, Mr Garner’s comments did not amount to a ‘discussion’ for the purposes of the standard, but reflected his own personal views on the issue. The Authority acknowledged that Mr Garner’s comments may have caused offence to some viewers but overall the harm alleged did not reach the threshold requiring a limitation on the broadcaster’s right to freedom of expression.Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Children's Interests, Violence, Law and Order
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