BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The Accused, a film starring Jodie Foster in an Oscar winning role as a rape victim and

which challenged the "she asked for it" attitude to rape, was screened on TV2 at

8.30pm on 28 January.

Mr England complained to Television New Zealand Ltd, the broadcaster, that the

violence shown in the programme breached the broadcasting standards.

Explaining that the modified-for-television version of the successful cinema release had

been cut further before screening, TVNZ said that the AO film which included little

physical violence was preceded with a warning. Further cutting, it said, would detract

from the film's positive message and it declined to uphold the complaint. Dissatisfied

with TVNZ's decision, Mr England referred his complaint to the Broadcasting

Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons below, the Authority declined to uphold the complaint.

Decision

The members of the Authority have viewed the programme complained about and

have read the correspondence (summarised in the Appendix). As is its practice, the

Authority has determined the complaint without a formal hearing.

The film The Accused was screened by TVNZ at 8.30pm on 28 January. Mr England

complained to TVNZ that the film was excessively violent and that TVNZ, by

broadcasting it at 8.30pm, showed its disdain for both the community's and the

Authority's concern about violence on television.

Taking into account the points raised by Mr England, TVNZ assessed the complaint

under standards V1 and V10 of the Television Code of Broadcasting Practice. In view

of the film's theme, it had also considered the complaint under standard V5. The

standards read:

V1  Broadcasters have a responsibility to ensure that any violence shown is

justifiable, ie is essential in the context of the programme.

V5 Programmes having rape as a theme must be treated with the utmost care.

Explicit detail and prolonged focus on sexually violent contact must be

avoided. Any programme dealing with rape in any detail must be

preceded by a warning.

V10 The cumulative or overall effect of violent incidents and themes in a single

programme, a programme series or a line-up of programmes back to back,

must avoid giving an impression of excessive violence.

TVNZ noted that the complaint contained little detail about the aspects of the

broadcast to which objection was taken. The film, it wrote, was:

... a modified-for-television version of a very successful cinema release, was

subject to further cuts by TVNZ censors before being screened for the first time

in 1992.

Moreover:

... Jodie Foster won an Academy Award for her performance in the film as a

rape victim fighting for her rights against what appear to be almost impossible

odds. The film has been praised by critics for the manner in which the plot

effectively demolishes the "she asked for it" theory attached to some rape

cases. The overall message is very positive.

It is noted that, although the theme of the film is rape, there is very little

physical violence shown. Most of the plot is taken up in revealing the trauma

of the rape victim after the event, and the changing attitudes of those who come

into contact with her (especially the prosecuting lawyer). The rape scene is

shown in flashback more than an hour-and-a-half into the film while a witness is

describing the rape in court.

TVNZ's appraisers, it added, had made substantial cuts to the rape scene and further

cuts, it argued, would have risked trivialising the event. Furthermore, the film was

preceded with a specific warning that the subject was rape and it had been broadcast

in AO time.

On the basis that the violent sequence had been reduced to the minimum while

ensuring that the film's positive message was retained, TVNZ argued that standard V1

had not been contravened because the violence shown was essential in context. As the

violence was not cumulative, TVNZ continued, standard V10 had not been in

jeopardy and as the theme of rape had been treated with the utmost care, standard V5

had been complied with.

Mr England referred to the Authority his complaint about this programme along with

his complaints about the X-Files broadcast on 22 February and the mini-series Murder

in the Heartland broadcast on 30–31 January. They were each examples, he wrote,

of TVNZ's "constant depiction of gross violence" in programmes beginning at

8.30pm.

As different considerations apply to each programme, the Authority has issued

separate decisions for each one. The other decisions are X-Files, No: 40/95, and

Murder in the Heartland, No: 42/95.

In its response to the Authority on the referral of the complaint about The Accused,

TVNZ raised the possibility that Mr England was airing a matter of viewer preference

to which the complaints process did not apply. If that was the Authority's decision,

TVNZ suggested that it was appropriate for the Authority to decline to determine the

complaint.

Having read the correspondence relating to the three complaints, the Authority was in

no doubt about Mr England's reasons for them. Although he did not refer to specific

details of each programme in any length, his complaints focussed on the violence

shown in each one as an alleged breach of the standards. They were not matters solely

involving viewer preference and, accordingly, the Authority determined the complaint.

As for the programme itself, TVNZ wrote:

We remind the Authority that in this complaint we are dealing with an "AO"

classified film and submit that it must therefore be assessed in the context of the

definition of "AO" material which is:

Programmes containing adult themes or those which, because of the way

the material is handled, would be unsuitable for persons under 18 years of

age.

We are not therefore dealing with a programme for children. This is adult

entertainment and clearly marked as such.

AO programmes can be broadcast between 8.30pm–5.00am and from 12.00 noon–

3.00pm on weekdays (other than school or public holidays). Mr England's complaint

could be taken as arguing that the watershed (8.30pm) is too early and that it should

be 9.00 or 9.30pm. Because of its decision on this complaint (and the complaints

determined in Decisions Nos: 40/95 and 42/95) the Authority considered that the

question of an appropriate hour for the watershed should be deferred pending its

decision expected in several weeks on a complaint which raised the same issue in

relation to a series of films broadcast at 8.30pm on TV2 in mid February 1995.

In its consideration of this complaint, the Authority noted that the one explicit violent

scene – the rape scene – had occurred an hour and a half into the film. It also noted

that undertones of violence were an aspect of the film's atmosphere. Moreover, the

callous attitudes displayed - in the rape scene and at other times – were an essential

ingredient to a powerful film.

Standard V1 requires the violence shown to be essential in context. In assessing the

broadcast under this standard, the Authority accepted that the rape scene, while

horrifying, was not unduly graphic given the film's theme and, accordingly, the

standard had not been breached.

As the violence was not cumulative, standard V10 was not breached. In its

assessment of the programme under standard V5, the Authority found it difficult

initially to accept, given the stark manner in which the issue had been dealt with in the

film, TVNZ's claim that the rape theme had been treated with the "utmost care".

However, as it was possible that any changes to the scene would have reduced the

film's impact and as there was neither explicit detail nor prolonged focus on sexually

violent contact, and also taking into account the explicit warning, the Authority

decided that the standard had not been transgressed. Accordingly, the complaint was

not upheld.

For the above reasons, the Authority declined to uphold the complaint.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
29 May 1995

Appendix

Mr England's Complaint to Television New Zealand Ltd - 14 February 1995

Mr Richard England of Wellington complained to Television New Zealand Ltd about

the broadcast of The Accused on 28 January and Murder in the Heartland on 30

January.

Both films, he wrote, were excessively violent for broadcast at 8.30pm. Screening

such films at that hour indicated, Mr England continued, TVNZ's real attitude

towards violence in the media. Despite claims that it was aware of the issue and

despite having complaints upheld, he maintained that TVNZ persisted in broadcasting

violent films. Mr England concluded:

It is as if TVNZ is raising a finger at the authority.

TVNZ's Response to the Formal Complaint - 20 March 1995

TVNZ advised Mr England that his complaint about the film The Accused had been

considered, in view of the matters raised in his letter, under standards V1 and V10 of

the Television Code of Broadcasting Practice.

Noting that Mr England had not referred to any particular sequence, TVNZ said the

modified-for-television version of a very successful cinema release had been cut

further by TVNZ's censors before being screened for the first time in 1992.

TVNZ said Jodie Foster won an Academy Award for her performance as a rape

victim and the film's overall message - the demolition of the "she asked for it" theory -

was very positive.

TVNZ pointed out the film contained little physical violence and the rape scene itself

was shown in flashback an hour and a half into the film. TVNZ also pointed out that

the film was classified as AO and contained a specific warning.

With regard to standard V1, TVNZ said the only physical violence in the film was the

rape scene which had been cut to the minimum and could not be cut further as the

film's message would have been diminished. Thus the violence shown was essential in

context.

As for standard V10, TVNZ said that the film did not have any cumulative effect. In

addition, it had also assessed the film under standard V5 which had not been

contravened as the subject - rape - was treated with the utmost care.

The complaint was not upheld.

Mr England's Complaint to the Broadcasting Standards Authority - 22 March

1995

Dissatisfied with TVNZ's decision, Mr England referred his complaint to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Expressing his deep concern at TVNZ's "constant" depiction of gross violence in

programmes beginning at 8.30pm, Mr England argued that TVNZ showed disdain

towards viewers.

The three programmes shown by TVNZ referred to the Authority, Mr England

maintained, should not be broadcast at 8.30pm.

TVNZ's Response to the Authority - 28 March 1995

Noting that Mr England's referral of this complaint to the Authority contained little

new material, TVNZ pointed to the subjective nature of his comments and as the

complaint seemed to amount to an expression of the viewer's preference, suggested

that it was not capable of resolution through the complaints procedure. In view of the

Oscar won by Jodie Foster for her performance, TVNZ said Mr England's description

of the film as "rubbish" was inappropriate.

TVNZ repeated that the programme was classified AO, and had not been broadcast in

children's viewing time.

Mr England's Final Comment - Received 3 April 1995

Mr England pointed out that it was not disputed that both films (The Accused and

Murder in the Heartland) contained violence and both began at 8.30pm. Broadcasting

the films at that hour, he maintained, indicated that TVNZ did not care about the

public's concern about media violence.

Questioning whether the award of an Oscar was a measure of an actor's ability or the

actor's compliance with the Hollywood system, Mr England said that TVNZ was not

prepared to acknowledge the faults in the films that it screened.

Mr England concluded that New Zealand television was not up to the standards of

British television but was better than the material he had watched in Egypt.