The Authority upheld a CYFS’ complaint that a Sunday item (TVNZ) about the foster parents of three children breached broadcasting standards.

CYFS had complained to TVNZ that the item was “sensationalist, inaccurate, lacked balance, was exploitative of the children involved and was unfair” to CYFS.

CYFS said that in 2005 allegations of emotional and physical abuse were made by the foster children concerned. An investigation resulted in the case being referred to police, and the three children were evidentially interviewed – an interviewing technique that determines whether a child is being truthful, and identifies whether a child can separate fact and fantasy (the standard technique in cases where a child’s statements may result in criminal charges).

The children were interviewed separately and without the opportunity to collude, and all three were consistent in their reporting of physical abuse. As a result, the police laid a charge of child cruelty against the foster parents.

When the case came to court, the case had been plea-bargained down and, in return for a guilty plea which avoided the need for the children to give evidence in front of a jury, the charge was reduced to one of common assault.

The Authority said the item was unbalanced because it failed to present the critical piece of information that all three foster children had independently reported the same abuse by the foster parents in evidential interviews to CYFS.

Second, the item inaccurately stated that CYFS had “accepted” and “agreed to” the foster parents’plea bargain, when CYFS was not involved in that process.

And third, the programme failed to explain that CYFS’responsibilities regarding the care and protection of vulnerable children run parallel to any criminal charges. The Authority found that the programme should have explained that CYFS was bound to consider all relevant information in reviewing the foster parents’ caregiver status, not just the outcome of criminal proceedings.

Read full decision: http://www.bsa.govt.nz/decisions/2006/2006-058.htm

of Tonga during a Radio Live broadcast last September. The complainant said that Mr Laws’ comments “amounted to slander”.

While the Authority was of the view that Mr Laws’ comments were provocative and clearly calculated to offend, it considered that Mr Laws’ remarks did not breach the good taste and decency standard.

The Authority noted that the denigration guideline in the radio code only applied to those broadcasts which encouraged denigration of a “section of the community”. In the Authority’s view, the Mr Laws’ comments were clearly directed at the late King of Tonga as an individual, and Mr Laws did not make any statements about Tongan people in general. Accordingly, the Authority also declined to uphold the denigration aspect of the complaint.

Read full decision: http://www.bsa.govt.nz/decisions/2006/2006-118.htm

“Target”sunscreen comparison – not upheld

The Authority did not uphold two complaints about a Target item comparing sunscreens. The “Product Check” part of the programme compared the SPF30 sunscreen of five different brands – Nivea, Signature Range, Cancer Society, Sun Science and Piz Buin.

Beiersdorf Australia Ltd, the brand owners of Nivea, complained that the table of results shown contained a cross for Nivea sunscreen under the “Standard” heading. They said that from the script and the graphics, viewers would have been left with the impression that the Nivea sunscreen did not comply with the Australia and New Zealand performance standard on sunscreens, when it did.

The Cosmetic, Toiletry & Fragrance Association (CTFA) also complained the programme implied that products which were not made in accordance with the Australian and New Zealand standard were inferior. It said that this was not true, given that this standard only provided for SPF measurement of UVB, not UVA. It said that international measurements used in the United States and the European Union required both be measured to demonstrate the SPF broad spectrum. The CTFA said this offered far greater protection to consumers than products only meeting the Australian and New Zealand standard. Using a higher SPF broad spectrum product would give the average consumer better protection than an SPF30 made to the Australian and New Zealand standard, it said.

Read full decisions : http://www.bsa.govt.nz/decisions/2006/2006-102.htm

New Chief Executive

In December, the BSA board appointed a new chief executive, Dominic Sheehan. Mr Sheehan has been executive director of the New Zealand Writers Guild. He starts on 26 February. Jane Wrightson departs on 2 February to take up her new position as Chief Executive of NZ On Air.

ENDS

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