BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

The programme Billy Connolly's World Tour of Australia, broadcast on TV3 on 11

February 1997 at 8.30pm, contained a number of obscenities.

Maurice Hoy complained to the broadcaster, TV3 Network Services Limited, that the

programme failed in its responsibility to maintain standards consistent with the

observance of good taste and decency. He did not consider that the language used

could be regarded as either comical or acceptable.

K J Werder complained that the language was very offensive. Because of the

offensiveness of the language, the broadcast of a warning at the beginning of the

programme relating to coarse language served no purpose.

In response to both complainants, TV3 advised that viewers, in view of the broadcast

of an earlier series, Billy Connolly's World Tour of Scotland, would not be surprised at

the content. Billy Connolly's comedy, it said, was defined by two things – his

"Scottishness" and his florid language. To remove all the "f" words, it added, would

have effectively neutered the humour. In responding to Mr Werder's specific

complaint, TV3 noted that the warning preceding the programme was intended to

warn viewers that there would be swearing. TV3 declined to uphold the complaints.

Dissatisfied with the decision, Mr Hoy and Mr Werder referred their complaints to

the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act

1989.

For the reasons given below, the Authority declines to uphold the complaints.

Decision

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

have read the correspondence relating to the complaints (summarised in the

Appendices). As is its practice, the Authority determines the complaints without a

formal hearing.

In Billy Connolly's World Tour of Australia broadcast on TV3 on 11 February 1997 at

8.30pm, viewers were shown the sights of Sydney and Canberra through the eyes of

Billy Connolly. Interspersed with his commentary of the sights were excerpts from

his stage shows in Canberra and Sydney in which he recounted jokes relevant to these

sights being shown. In these excerpts invariably there was the use of the word "fuck".

The programme was preceded by the warning:

The following programme is recommended for Adults Only viewing and

contains coarse language.

Maurice Hoy and K J Werder objected to TV3 that the excerpts from the stage shows

where obscenities were uttered, were offensive. Mr Werder also considered the

warning preceding the programme to have been deceptive.

TV3 considered both complaints under standard G2 of the Television Code of

Broadcasting Practice and in Mr Werder's case also under standard G7. These

standards require broadcasters:

G2   To take into consideration currently accepted norms of decency and

taste in language and behaviour, bearing in mind the context in which

any language or behaviour occurs.

G7   To avoid the use of any deceptive programme practice in the

presentation of programmes which takes advantage of the confidence

viewers have in the integrity of broadcasting.

To both complainants TV3 advised that that the expectation for the current series was

established in the earlier series Billy Connolly's World Tour of Scotland. Billy

Connolly, it said, was well known for his Scottishness and his florid language. While

many of the "f' words had been removed, it considered that to remove them entirely

would be to "effectively neuter Billy's humour tarnishing his performance and

comedic reputation".

In respect of the warning, it said that the word "coarse" was used and it adequately

described the language used in the programme and could not be seen as misleading or

deceptive.

TV3 declined to uphold the complaints.

Mr Werder and Mr Hoy both remained of the view that the language was offensive

and Mr Werder considered that the warning preceding the programme was not strong

enough.

The Authority considers that the language in the context in which it was shown did

not breach standards of good taste and decency. It agrees with TV3 that Billy

Connolly is well known for his florid language and it is to be expected in the

programme particularly when preceded by the warning that there will be language of

the nature broadcast. It believes that the word "fuck" was used for effect and not

gratuitously. It is unable to hold that the programme breached standard G2 of the

Television Code of Broadcasting Practice.

In its interpretation of standard G7 in earlier decisions, the Authority has ruled that it

is applicable only when the alleged deception arises through the use of a technological

process of some kind. There are other standards to catch the matter raised by Mr

Werder on this occasion – eg standards G4 or G6.

Even were the Authority to consider the complaint under standards G4 and G6, it

would be of the view that the warning given provided viewers with an appropriate

description of the content of Billy Connolly's World Tour of Australia.

For the reasons above, the Authority declines to uphold the complaints.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
22 May 1997

Appendix I

Mr Hoy's Complaint to TV3 Network Services Ltd - 13 February 1997

Maurice Hoy of Auckland complained to TV3 Network Services Limited that a

programme from the series Billy Connolly's World Tour of Australia, broadcast on 11

February 1997 starting at 8.30pm, breached standards of good taste and decency. He

considered that it was offensive in that it included excerpts from Connolly's stage

shows where he uttered obscenities with emphasis on the word "fucking". Mr Hoy

did not consider that the use of such language was either comical or acceptable in

mixed company.

Mr Hoy requested TV3 either to cancel or edit heavily the following programmes in

the series.

TV3's Response to the Formal Complaint - 13 March 1997

TV3 considered Mr Hoy's complaint under standard G2 of the Television Code of

Broadcasting Practice which requires broadcasters:

G2 To take into consideration currently accepted norms of decency and

taste in language and behaviour, bearing in mind the context in which

any language or behaviour occurs.

TV3 advised that the expectation for the current series was established in the earlier

series - Billy Connolly's World Tour of Scotland. Billy Connolly, it advised, was

defined by two things in his comedy, his Scottishness and his florid language.

TV3 reported that the appraiser had removed many of the "f" words but not all, as it

was considered that it would "effectively neuter Billy's humour tarnishing his

performance and comedic reputation". It said that the series had rated very well in

New Zealand.

Taking into account previous decisions by the Authority where the use of such

language was held not to breach the Broadcasting Act, and the fact that the programme

played in AO time, TV3 declined to uphold the complaint.

Mr Hoy's Referral to the Broadcasting Standards Authority - 18 March 1997

Dissatisfied with TV3's response, Mr Hoy referred his complaint to the Broadcasting

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

letter he had sent to TV3 in response to its reply.

In his letter to TV3, Mr Hoy disputed TV3's assertion that viewer expectation from a

series was relevant. He stated:

What may or may not be expected of Connolly is beside the point and that

TV3 "got away with it" the first time round does not create a valid precedent.

A parallel assumption would presume that an unpunished crime gives the

offender the right to commit another.

Mr Hoy considered the facts that there was a warning preceding the programme and

that it played in AO time, did not excuse the use of language which he considered

breached standard G2.

In his letter to the Authority Mr Hoy provided some reasons why he considered the

programme breached standard G2.

1. The programme contained repeated and pointless obscene language.

2. The language was not an accepted norm and was used to shock and embellish.

3. The extracts from live Connolly shows served no purpose and the omission of

the obscenities would not have destroyed the context of the "travel" section.

4. The removal of some obscenities by TV3 showed that it too found the context

to be beyond the bounds of decency.

5. If the removal of the obscenities would tarnish Billy Connolly's reputation,

then his talents were very limited.

6. The inclusion of the warning preceding the programme was to titillate and the

8.30 time slot was meaningless.

He also asked the question:

Are repeated obscenities humorous, are they a conversational norm and are

they accepted as being in good taste even in this day and age?

TV3's Response to the Authority - 18 April 1997

TV3 advised that each episode of Billy Connolly's World Tour of Australia contained

no more than six instances of the "f" word. These words, it said, were retained

because they were important to, or were part of the punch line of, the joke.

TV3 considered that the extracts from Mr Connolly's road show, given the context of

the programme, were vital and important to it, and indeed were enjoyed and

appreciated by many viewers.

Maintaining that the warning at the beginning was not placed to titillate, TV3 said it

served to advise that anyone who was offended by coarse language might not wish to

view the programme.

TV3 denied any inference that its delay in responding to Mr Hoy was due to

programming reasons. It pointed out that it was within the 20 working days as

allowed in the Broadcasting Act.

Mr Hoy's Final Comment - 26 April 1997

Mr Hoy did not believe that the "f" word could ever be seen as essential to either the

narrative or the so-called punchline of a joke. He advised:

If the removal of the offending words would harm TV3's and Connolly's

reputations, then both are sadly lacking in public awareness and a responsible

attitude.

Mr Hoy considered in reference to standard G2 that the language in the programme

was not in general accepted as decent and in good taste, and particularly not in the

context in which it was shown.

Appendix II

Mr Werder's Complaint to TV3 Network Services Ltd (undated)

Mr K J Werder of Waitoa complained to TV3 Network Services Ltd that the

broadcast of an episode of Billy Connolly's World Tour of Australia, on February 11 at

8.30pm, breached standards of good taste in language, and was deceptive in the

warning preceding the programme.

Mr Werder made reference to standards G2 and G7 of the Television Code of

Broadcasting Practice. He wrote:

How can viewers feel confidence and be comfortable viewing TV when

offensive language is deliberately dropped into our homes, warning or no

warning.

TV3's Response to the Formal Complaint - 13 March 1997

TV3 considered Mr Werder's complaint under standards G2 and G7 of the Television

Code of Broadcasting Practice as nominated by him. TV3's response in relation to

standard G2 was similar to that to Mr Hoy, summarised in Appendix I.

Standard G7 requires broadcasters:

To avoid the use of any deceptive programme practice in the presentation of

programmes which takes advantage of the confidence viewers have in the

integrity of broadcasting.

TV3 advised that the warning stated:

The following programme is recommended for Adults Only viewing and

contains coarse language.

It said that the word coarse, according to the Wordsworth thesaurus, was a simile for

"bawdy, crude, foul-mouthed, offensive, rude, smutty and vulgar" Therefore, it said,

the word coarse adequately described the language used in the programme, and was not

misleading or deceptive.

TV3 said:

In no way was the warning intended to indicate that the language in the show

did not contain some instances of swearing. In fact it was placed at the front

of the programme specifically to warn about the swearing.

TV3 declined to uphold the complaint.

Mr Werder's Referral to the Broadcasting Standards Authority - 8 April 1997

Dissatisfied with TV3's decision, Mr Werder referred his complaint to the

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

Mr Werder pointed out that the "f " word appeared in outbursts about every 10

minutes and he was unable to see how it had been cut out by the appraiser. Because

of his strong Christian values, he found the language very offensive and more so

because it happened at 8.30pm.

Mr Werder did not believe the warning which appeared preceding the particular

programme was adequate for the programme content. He considered that further

safeguards should be required of the broadcaster to ensure that the public were

adequately warned, and that such language should not occur before 10.30pm.

TV3's Response to the Authority - 18 April 1997

This is traversed in Appendix 1.

Mr Werder's Final Comment

No final comment was received form Mr Werder.