BSA Pānui - March 2020
Number 98
MESSAGE FROM THE CHIEF EXECUTIVE

Tēnā koutou

It has been an action-filled month at the BSA in February with the release of the refreshed Election Programmes Code of Broadcasting Practiceopen_in_new and the announcement of the outcome of our review of Timebands and Classifications on Free-to-air Televisionopen_in_new.  The Election Programmes Code provides important safeguards for the exercise of political speech in the lead up to the election.  The additional guidance now included in the Code is designed to assist broadcasters, political parties and candidates, and the public to understand where the limits of freedom in political speech lie in election programmes on TV and radio. The Code is available in 5 languages and is published on our website along with guidance about the Code and the complaints process.

The changes to timebands and classifications on free-to-air television reflect the changes in the way we watch content, where we record and watch later, and more readily move from one content platform to another.  The move to one set of classification labels across FTA and Pay television provides the audience with more information about the age-appropriateness of classified programmes and removes any risk of confusion of how content on these platforms is classified.  There will also be some adjustments to timebands, reflecting audience viewing behaviour and feedback.  We are retaining the 8.30pm watershed, as it is still a valued safeguard used in many New Zealand homes.  The updated Codebook is available on our website for consultation for one more week.  So if you do have any views, we would be pleased to hear from you.

We are continuing to assess feedback we received in response to our paper on the application of the Broadcasting Act to certain categories of online content (excluding on-demand content). We have appreciated the constructive feedback we have received from a range of respondents.

Alongside this work, we have continued to deal with a higher than usual number of complaints.  We are progressing the complaints as efficiently as we can.  Complaints are continuing to raise challenging and complex issues, which is a reflection of New Zealand’s engagement with broadcast content and the value placed on the broadcasting standards system.  In this Pānui we profile nine decisions that have recently been released.

Ngā mihi
Belinda 

OVER THE LAST MONTH
  • We announced the outcome of our review of whether changes should be made to timebands and classifications on free-to-air (FTA) television. The review concluded that free-to-air television should adopt the pay television classification labels G, PG, M, 16 and 18 and some adjustments will be made to timebands. The 8.30pm watershed will remain for content classified 16 and 18. 
  • The BSA and FTA broadcasters have amended the Free-to-Air Television Code, in the Broadcasting Standards in New Zealand Codebook, to reflect the timebands and classification changes. New Zealanders are being invited to have their say on the amended Code before the proposed changes are introduced. The consultation closes on 6 March 2020. To find out more or give feedback, visit the BSA website, email info@bsa.govt.nz or call 0800 366 996.
  • The Election Programmes Code has been published on our website and took effect on 1 March 2020. 
  • We have published nine broadcasting standards decisions.open_in_new
FEATURED DECISIONS

Free-To-Air Television

Yukich and Mediaworks TV Ltd - 2019-080 (4 February 2020) open_in_new

The Authority has not upheld a complaint that a joke on The Project referring to Mark Lundy breached the good taste and decency standard. After an introductory remark referring to Mr Lundy’s latest appeal, a photo was shown of a car number plate reading ‘I DID IT’, and presenter Jesse Mulligan joked that Mr Lundy ‘may want to re-think the car he’s using to get to and from court’ and referred to the car ‘travelling at a very high speed’. The complainant submitted that the joke was in poor taste as it made light of domestic violence by alluding to Mr Lundy’s crimes, and undermined the work being done to counter violence against women. The Authority found that while the segment might be considered insensitive by some, taking into account relevant contextual factors and the satirical nature of the comments, as well as the fact the joke did not refer specifically to Mr Lundy’s crimes, the broadcast did not threaten standards of good taste and decency and was unlikely to cause widespread offence or undue distress.

Not Upheld: Good Taste and Decency

Pay Television

The Authority found it had no jurisdiction to determine a complaint about the movie Overlord as the complaint to the broadcaster did not amount to an allegation that the programme was in breach of broadcasting standards. The Authority found that the broadcaster did not have to accept this as a valid formal complaint, on the grounds the complaint was about the storyline and genre, rather than an allegation that the programme was in breach of broadcasting standards.

Declined jurisdiction

Radio

Warning: This decision contains language that some readers may find offensive.

The Authority upheld a complaint that the use of the word ‘fuck’ in an episode of the programme Eating Fried Chicken in the Shower breached the good taste and decency and children’s interests standards. While the Authority recognised the value and nature of the programme, it was not preceded by any offensive language warning which the Authority considered necessary as the language used was outside audience expectations for the programme, and the programme was aired at 7:30pm, at a time when children may be listening.

Upheld: Good Taste and Decency, Children’s Interests

No Order

LATEST DECISIONS

MEDIA NEWS
New Zealand Abroad

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