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Bulletin Number 95
Message from the Chief Executive
Tēnā koutou
Today we have commenced our public consultation on the refreshed Election Programmes Code of Broadcasting Practice.
This code sets out standards that apply to Election Programmes which are effectively election advertisements/promotional statements broadcast by or for a political party in the one month period immediately prior to polling day. The code sets out important safeguards that apply to political speech during the election process.
With the 2020 General Election not far away, we want to make sure the code is up to date, user-friendly and assists broadcasters and the public to understand how the standards apply. The key changes include the addition of guidelines (drawn from previous BSA decisions) for each standard and updates to reflect 2017 amendments to Part 6 of the Broadcasting Act 1989. We have also sought to harmonise the code with equivalent standards overseen by other standards bodies. We have undertaken initial consultation with broadcasters and standards organisations with oversight of election related content, and received helpful feedback. We welcome any further feedback during this consultation period. A copy of the draft refreshed code and details about the consultation process are available on our website: BSA Consultation Pageopen_in_new. The consultation period closes at 5:00pm on 22 November 2019.
BSA turns 30: In September we celebrated our 30 year anniversary with broadcasters and Minister Faafoi at a function in Auckland. We reflect on the last 30 years further below.
Broadcaster Workshop: The function was preceded by an important workshop with broadcasters about reporting on terrorism and extreme violence. We discussed the decisions issued by the Authority about coverage of the 15 March Mosque attacksopen_in_new, and considered whether further guidelines should be developed by the BSA and broadcasters. We appreciated the open and candid conversation and our work on this is continuing.
Lastly, recognise the challenges facing our broadcasters in Auckland as they manage the interruption and safety risks arising from the fire. Hopefully, it will be business as usual again soon.Ngā mihi
Belinda
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During September and October
- The Authority published fifteen broadcasting standards decisionsopen_in_new, with more decisions to be released in the coming month.
- The Authority celebrated its 30 year anniversary! More on this below.
- We completed preparation of the draft Election Programmes code ready for public consultation. The Consultation runs from 24 October to 22 November. Details are on our website here: Election Programmes Code Consultationopen_in_new.
- We hosted a workshop with broadcasters to consider whether standards or guidelines for reporting on terrorism and extreme violence events is required. This work is ongoing.
- This month we welcomed Legal Advisor, Raina Ng to the team. We are delighted to have Raina on board.
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The decisions issued over September and October are available on our website, and include:
- Newlove and NZME Radio Ltd - 2019-052open_in_new - Rugby - Good Taste and Decency, Fairness, Discrimination and Denigration (Not Upheld)
- Lethborg and MediaWorks TV Ltd - 2019-053open_in_new - Dancing with the Stars - Good Taste and Decency, Children's Interests (Not Upheld)
- Hurley and Radio New Zealand Ltd - 2019-043open_in_new - Insight - Balance, Fairness (Not Upheld)
- Hayes and Radio New Zealand Ltd - 2019-047open_in_new - Nine to Noon - Good Taste and Decency, Programme Information, Violence (Not Upheld)
- Sta. Lucia and MediaWorks TV Ltd - 2019-048open_in_new - Love Island UK - Children's Interests (Not Upheld)
- Singh and Television New Zealand Ltd - ID2019-050open_in_new - Seven Sharp - Violence, Law and Order, Discrimination and Denigration (Declined to Determine)
- Staples & Claims Resolution Service Ltd and Television New Zealand Ltd open_in_new- Sunday - Accuracy, Fairness (Not Upheld)
- Mclaughlin and Radio New Zealand Ltd – 2019-032open_in_new - Saturday Morning - Discrimination and Denigration, Good Taste and Decency, Fairness (Not Upheld)
- Singh and Radio Virsa - 2019-037open_in_new - Bhakde Masley - Good Taste and Decency, Violence (Not Upheld)
- Stubbs and Radio New Zealand Ltd - 2019-049open_in_new - Accuracy, Balance, Fairness (Not Upheld)
- Right To Life New Zealand and Mediaworks TV Ltd – 2019-041open_in_new - Discrimination and Denigration, Balance, Accuracy (Not Upheld)
- Wood and Radio New Zealand Ltd - 2019-036open_in_new - Good Taste and Decency, Children’s Interests, Violence, Law and Order, Discrimination and Denigration (Not Upheld)
- Phillips and Racing Industry Transition Agency - ID2019-044open_in_new - Jurisdiction Accepted
- Pepping and Television New Zealand Ltd - 2019-040open_in_new - Children's Interests (Not Upheld)
- Wratt and MediaWorks TV Ltd - 2019-031open_in_new - Good Taste and Decency; Programme Information; Discrimination and Denigration; Balance; Fairness (Decline to Determine)
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Complaints about Free-to-Air Television Broadcasts
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Staples & Claims Resolution Service Ltd and Television New Zealand Ltd - 2019-038 (30 September 2019)open_in_new
The Authority did not uphold a complaint that an episode of Sunday about legal proceedings brought against Claims Resolution Service Ltd breached the accuracy or fairness standards. The programme discussed the service provided by Bryan Staples and Claims Resolution Service Ltd to Christchurch home owners looking for help to resolve claims with their insurance companies and the Earthquake Commission after the Canterbury earthquakes. The Authority found that none of the statements made about the proceedings raised by the complainants were inaccurate or misleading. The Authority also found that the edited version of a phone call between Mr Staples and John Campbell that was broadcast fairly and accurately reflected the tenor of the views expressed by Mr Staples. Finally the Authority found that TVNZ gave Mr Staples a fair and reasonable opportunity to comment prior to the broadcast.
Not Upheld: Accuracy, Fairness
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Complaints about Radio Broadcasts
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Stubbs and Radio New Zealand Ltd - 2019-049 (17 September 2019)open_in_new
The Authority did not uphold a complaint that an item on Morning Report discussing the possible boycott of the Tuia – Encounters 250 commemorations was unbalanced, inaccurate and unfair. The Authority found the item was balanced through the presentation of alternative perspectives and the existence of significant media coverage within the period of current interest. The Authority also found the broadcast did not contain any material inaccuracy with respect to Captain Cook’s first arrival in New Zealand. Finally, the Authority found the fairness standard did not apply as the complainant did not identify any person or organisation who took part in or was referred to in the broadcast who was treated unfairly.
Not Upheld: Accuracy, Balance, Fairness
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The BSA's 30 Year Anniversary
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This year we celebrate a milestone as the Broadcasting Standards Authority turns 30 years old!
 The BSA website over the yearsThe BSA was established, along with what is now NZ On Air and Te Māngai Pāho, under the Broadcasting Act 1989.
This was the year in which David Lange resigned as Prime Minister and was replaced by Geoffrey Palmer, Sunday trading began, the first television Holmes Show was broadcast and TV3 began its operations. There were many fewer broadcasters.
The BSA has moved from receiving complaints by fax and reviewing VHS tapes of broadcasts, to a converged world, where media is consumed not only through the traditional platforms of radio, television and print, but through a variety of different platforms on computers and smart devices.
Through all of this change, the BSA has continued to provide a dynamic, free and independent complaints service to the public about broadcast content. On our 30th anniversary, we celebrate the hard work of the many individuals who have made the BSA what it is - Authority members and staff past and present, our wide range of broadcasters who work with us to develop and uphold broadcasting standards, and deal with complaints in the first instance, and importantly members of the public who have brought their concerns to us.
Past Members
You can see all of the past members of the BSA on our website hereopen_in_new.
Our decisions
You can read all of our past decisions, dating back to 1990, on our website hereopen_in_new.
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