BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Model Donna Perry was interviewed on TV2's Newsnight between 10.30–11.00pm

on 28 February. Ms Perry had appeared as a centrefold in "Playboy" magazine and

was in New Zealand promoting "Playboy" cards.

Mr Smits complained to Television New Zealand Ltd, the broadcaster, that the item

was unbalanced as it had neither mentioned nor dealt with pornography.

Explaining that Ms Perry was interviewed as an interesting person and to find out

why an apparently intelligent young woman posed nude for "Playboy", TVNZ said

that pornography was not the issue and it declined to uphold the complaint.

Dissatisfied with TVNZ's response, Mr Smits referred the 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 item 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.

A former "Playboy" centrefold model was interviewed on TVNZ's Newsnight

between 10.30–11.00pm. She said she was in New Zealand promoting "Playboy"

cards and she was asked about the experience of nude modelling for the magazine and

the reactions she had encountered.

Mr Smits complained to TVNZ that the item was unbalanced. It was unbalanced, he

continued, as the reasonably long interview, while referring explicitly to "Playboy",

neither mentioned nor discussed pornography. As a result, he maintained that the

broadcast had promoted "Playboy".

TVNZ assessed the complaint under standard G6 of the Television Code of

Broadcasting Practice which requires broadcasters:

G6  To show balance, impartiality and fairness in dealing with political

matters, current affairs and all questions of a controversial nature.

Newsnight, TVNZ began, was a programme with a distinct style designed to appeal to

those who might not take a close interest in news and current affairs. Former

"Playboy" model Donna Perry, it continued, had been interviewed as "an interesting

person" who had posed nude in a well-known magazine. Furthermore, it had been

legitimate to confine the interview to her association with the magazine and, TVNZ

argued, it had neither been the occasion nor was it necessary to discuss the merits or

otherwise of "Playboy".

When he referred his complaint to the Authority, Mr Smits analysed the item in some

detail and argued the interview, in addition to some other items broadcast by TVNZ,

justified his contention that TVNZ was promoting "Playboy" and, consequently,

pornography. Accordingly, as the item had not discussed pornography, it had been

unbalanced.

In its report to the Authority, TVNZ denied that pornography was the issue. Rather,

Donna Perry was considered to be a person who would interest both sexes:

... and particularly the young adults who we believe make up the largest part of

the "Newsnight" audience.

TVNZ also expressed irritation at Mr Smits' persistent use of the word

"pornography", writing:

The word is subjective, to say the least. We simply remind the Authority that

"Playboy" is a magazine which is freely available in New Zealand, is not

censored before sale and is read and enjoyed by thousands of New Zealanders

every month. It is perfectly legitimate for a news/magazine programme like

"Newsnight" to speak to someone who has featured in the magazine especially

if the person is an interesting personality in her own right.

In his final comment to the Authority, Mr Smits disputed TVNZ's comments and

again argued that pornography was the central issue dealt with during the item.

The Authority approached the complaint by considering what was the central issue

addressed during the interview with Ms Perry and, it decided, Ms Perry's work was

the focus. It then asked whether her work, to use the words of standard G6, involved

"political matters, current affairs or questions of a controversial nature". In dealing

with that point, the Authority noted that Ms Perry now worked for a well-

established institution and that she had been asked a wide range of questions by an

interviewer who was seemingly sceptical about the validity of some of her responses.

Nevertheless and regardless of any scepticism, the Authority concluded that the

interview did not deal with matters to which standard G6 applied. Accordingly, as

the standard did not apply to the item, the Authority declined to uphold the

complaint.

For the above reasons the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
11 May 1995

Appendix

Mr Smits' Complaint to Television New Zealand Ltd - 6 March 1995

Mr Smits of Auckland complained to Television New Zealand Ltd about an item

broadcast on Newsnight at about 10.50pm on 28 February.

The item had involved an interview with a "Playboy playmate" and Mr Smits

maintained that it breached the requirement for balance as the word "pornography"

had not been used. The item was unbalanced, he argued, as the "playmate" had

promoted "Playboy" which he described as a "soft-porn publication directed at male

customers".

TVNZ's Response to the Formal Complaint - 15 March 1995

TVNZ reported that it had considered the complaint about the interview with model

Donna Perry under standard G6 of the Television Code of Broadcasting Practice.

Noting that Ms Perry had appeared as a centrefold in "Playboy" magazine, TVNZ

commented:

... the interview with Donna Perry was included in "Newsnight", a programme

which has a distinct style and which is directed at a specific audience. TVNZ

believes that a typical viewer profile would produce a young adult with wide

eclectic tastes.

Expressing the expectation that Newsnight would appeal to those who did not watch

the mainstream news, TVNZ said that Ms Perry was an interesting person and it was

intriguing to ask what persuaded an apparently intelligent woman to pose nude for the

magazine. It continued:

Her reason for being in New Zealand was not concealed. It was made clear that

she was here promoting "Playboy" cards - themselves part of a strange

worldwide collecting phenomenon and worthy of mention in the interview.

Drawing a parallel with the concerns felt about screen violence, TVNZ asked whether

an interview with action hero Arnold Schwarzenegger about acting would have to

include material "pointing to the possible downside of watching his films." It

concluded:

So it is with Donna Perry. Like it or not, "Playboy" is part of life in the 1990s

and it is perfectly legitimate to confine an interview with her to her association

with the magazine.

Because the interview did not require a full debate on the merits or otherwise of

"Playboy" magazine, TVNZ declined to uphold the complaint.

Mr Smits' Complaint to the Broadcasting Standards Authority - 21 March 1995

Dissatisfied with TVNZ's response, Mr Smits referred his complaint to the

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

Balance, he insisted, had not been achieved when Newsnight broadcast an interview on

a controversial matter.

He maintained that the references to Ms Perry before the interview were designed to

titillate the target audience which he described as "male consumers of pornography".

The interview had used the term "playmate" (a thing to be played with and discarded

Mr Smits observed) and had referred to and had promoted the "Playboy After Dark"

films which were broadcast on Sky.

Pointing out that the interviewer mentioned "arousal" rather than the more accurate

term "masturbation", Mr Smits analysed the interview. He summarised:

As I said in the initial complaint - the word 'pornography' was not used in the

entire interview - disgraceful in itself - the 'cards' Donna Perry is touting are

arguably pornographic and shouldn't we be concerned about that (so what it's

only 'soft' - 'it's Playboy so its ok.' - 'the women are 'beautiful', what's wrong

with that, there's nothing wrong with nudity ...) - 'like it or not' (I don't) these

attitudes and views etc are put up - in defence of pornography - by

pornographers and their supporters - 'freedom of speech/expression' vs the

rights of people not to be defamed/discriminated against - tell me Playboy aren't

part of that conspiracy and I'll call you ignorant.

Describing the parallel drawn by TVNZ to action films as flawed and insulting as

Donna Perry could not be described as a "celebrity", Mr Smits maintained TVNZ

regularly promoted and screened soft pornographic "specials". As all television

broadcasts were required to comply with standard G6, Mr Smits disputed TVNZ's

description of "Playboy" as "a harmless and very popular periodical" and deplored

what he called TVNZ's pandering to the "lowest common denominator" and then

using "dubious arguments" to defend its actions.

TVNZ's Response to the Authority - 3 April 1995

In its reply to the Authority TVNZ expressed bewilderment at Mr Smits' claim that

the interview with Donna Perry was "directed at male consumers of pornography".

"Not so" wrote TVNZ and said that it believed her to be a person who would appeal

to Newsnight target audience. It added:

We see no reason why a woman like Donna Perry should be of any less interest

to a woman than to a man. One feminist view (the post-modernist) of models

like Ms Perry is that they can be seen as representing women holding

considerable power over men and thus can be a subject of interest, and even

admiration, from those holding strong feminist views.

We do not, however, feel it necessary to engage in such an academic discussion.

We simply suggest that women as well as men are interested in what motivates

someone (of either sex) to take all their clothes off to pose in a magazine. It is

simple curiosity.

TVNZ also noted that it found Mr Smits' use of the word pornography as

"irritating": "Playboy" it observed was freely available and widely read and

Newsnight was entitled to speak to someone who had featured in the magazine and

was an interesting personality in her own right.

Mr Smits' Final Comment - Received 18 April 1995

Accusing TVNZ of rottenness, Mr Smits maintained that Donna Perry had sold out to

a soft-porn magazine - a magazine which was "consumed" by men because it

contained pornographic images of women. Disputing strenuously TVNZ's argument

that Ms Perry could describe herself as a feminist, Mr Smits that it was ironic that he

was arguing about feminism with TVNZ's Programme Standards Manager (Mr David

Edmunds). He insisted on his point that TVNZ was "SOFT" on pornography and

expressed regret that TVNZ had become a spokesperson for the "pornography

'industrial combine'".