BSA Pānui - May 2019

Bulletin Number 92

Message from the Chief Executive

Tēnā koutou

If you've visited the BSA website over the last couple of weeks you may have noticed some changes! At the start of the month we launched our refreshed website and we're excited to share it with you. 

Our goal was to make the website accessible, modern, friendly and facilitative, reflecting who we are as an organisation. It's been designed in response to feedback we have received from many of you, and is intended to be easy to use and to efficiently guide users to the right information. We would appreciate your feedback, so if you have used the website please complete the survey hereopen_in_new, or drop a note to the team at info@bsa.govt.nz.  

In this month's Pānui, we profile the eight recently released decisions by the Authority. We've also included some guidance on the discrimination and denigration standard (Standard 6), which has been the subject of increasing discussion over recent weeks. 

We hope you enjoy reading this edition of the Pānui and, as always, we welcome any feedback you may have. 

Ngā mihi
Belinda

Over the Last Month

Over the last month: 
  • The Authority published eight broadcasting standards decisions
  • We have progressed a number of our research activities, including our litmus testing, complainants survey and broadcaster satisfaction survey. More information about these projects will be released in the coming months.
  • The New Zealand Media Freedom Committee, comprised of major accredited news media companies in New Zealand (TVNZ, Stuff, MediaWorks, NZME and RNZ), have committed to a united approach in reporting the trial following the 15 March 2019 attacks. You can read the agreed guidelines hereopen_in_new.  
  • We undertook research of publicly available local and international resources that provide guidance and principles for media reporting on terrorism and crisis events. The findings are set out in our research report: Resource for broadcasters after the 15 March Attacksopen_in_new
  • We launched the new BSA website. Please provide your feedback by completing this surveyopen_in_new before 30 May 2019. 

Latest Decisions

The eight decisions issued this month are available on our website, and include:
Complaints about Radio Broadcasts
Barclay and Radio New Zealand Ltdopen_in_new - 2019-003 

The Authority has not upheld a complaint that an interviewee’s language, broadcast during an item on Morning Report on 10 December 2018, was violent and inappropriate. The item reported on the declining memberships of sports clubs in New Zealand and featured an interview with the Club Captain of a tennis club. The interviewee commented that the tennis courts were so empty ‘you could… fire a machine gun and hit no one.’ The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the comment made by the interviewee was brief, was not overly graphic or targeted at a particular individual or group, and was not intended to be taken literally. Taking into account contextual factors, such as the adult target audience of Morning Report and RNZ National, the broadcast was unlikely to unduly distress or disturb listeners, or any children that might have been listening, and was not so graphic as to require an audience advisory for violent content.


Not Upheld: Good Taste and Decency, Programme Information, Children's Interests, Violence 
Complaints about Free-to-Air Television Broadcasts
Abel and MediaWorks TV Ltdopen_in_new - 2019-004  

The Authority has not upheld a complaint that a news item on Newshub Live at 6pm was insensitive and encouraged the denigration of Christians. The item covered the controversy around an Australian advertisement, which featured two Roman soldiers asking Jesus on the cross to consent to organ donation via an app. The Authority found that while the advertisement made light of the crucifixion, the news item itself was a balanced discussion of the controversy that did not contain any statements encouraging the denigration of, or discrimination against, Christians. 


Not Upheld: Discrimination and Denigration 
Did you know...? 
The discrimination and denigration standard (Standard 6) protects against broadcasts which encourage the denigration of, or discrimination against, any section of the community on account of sex, sexual orientation, race, age, disability, occupational status or as a consequence of legitimate expression of religion, culture or political belief. 

Who does the standard apply to? 
The standard applies only to the recognised sections of the community listed above, and not to individuals or wider/unrelated groups (see the recent decision listed above, Truijens and Radio New Zealand Ltdopen_in_new). 

What does 'discrimination and denigration' mean? 
‘Discrimination’ is defined as encouraging the different treatment of members of a particular section of the community to their detriment. ‘Denigration’ is defined as devaluing the reputation of a particular section of the community (see Day & Moss and NZME Radio Ltdopen_in_new, for what this might mean in practice). 

How does the Authority make its decisions under this standard? 
Guideline 6b to the standard recognises that a high level of condemnation, often with an element of malice or nastiness, will be necessary to conclude that a broadcast encouraged discrimination or denigration in breach of the standard. Further, the context of the broadcast, including the nature of the programme and the channel, will always be relevant to the question of whether a broadcast 'encouraged' discrimination or denigration (see Abel and MediaWorks TV Ltdopen_in_new, highlighted above, in which the Authority discusses the importance of the wider context of the broadcast). 

See the Broadcasting Standards in New Zealand Codebookopen_in_new, pages 15-16, for further commentary. If you have any questions, or if you would like us to speak with you or your team about the application of the standard, please don't hesitate to contact us. 

Media News

In this section we provide a range of recent publications that are relevant to the broadcasting sector: 

New Zealand 

Christchurch Call: 16 countries, eight tech giants sign upopen_in_new 

Joint Statement in Support of Christchurch Call - Microsoft, Twitter, Facebook, Google and Amazonopen_in_new 

'Digital self-harm' on the rise among Kiwi teens - Netsafeopen_in_new

Uncharted waters for media freedomopen_in_new 

Court order to reveal Campbell Live story sources overturnedopen_in_new

NZ On Air appointments strengthen governance and sector experienceopen_in_new

How to regulate social mediaopen_in_new

As the Big Bang Theory ends where will TV comedy head?open_in_new 

International

The future of Netflix - what's really on the cards?open_in_new 

Ofcom investigating CGTN for allegedly airing forced confessionopen_in_new

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