BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Crazy People was the title of the film screened on Channel 2 at 8.30pm on 17 February 1994.

Mr Soeteman complained to Television New Zealand Ltd that the repeated use of the word

"fuck" during the broadcast was offensive and breached the broadcasting standard

requiring good taste and decency.

Pointing out that the standard required context to be taken into account, TVNZ

maintained that the use of the word on two occasions in the film did not contravene the

standard. In addition, the film had been screened in "AO" time and had been preceded by a

warning about language and, it maintained, the use of the word complained about had

not been gratuitous. Dissatisfied with TVNZ's decision, Mr Soeteman referred his

complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989.

For the reasons given 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.

Mr Adolf Soeteman complained to TVNZ about the offensive language in the film Crazy

People broadcast on Channel 2 at 8.30pm on Thursday 17 February. To hear the word

"fuck" repeated a number of times, he continued, breached the standard which states that

broadcasters must observe good taste and decency.

TVNZ assessed the 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.

It noted that the word complained about had been used twice in the film and was essential

to explain the context in which the film's hero was dismissed by his employer. Pointing out

that its concern about the gratuitous use of bad language had resulted in 353 deletions

from programmes in 1993, TVNZ maintained that its removal on this occasion would

have substantially detracted from the film's theme about different styles of advertising.

Citing the Authority's Decision No: 164/93 where the use of the word "fuck" was accepted

in context, TVNZ said that the same reasoning justified its use on this occasion. TVNZ later

advised the Authority that the film was broadcast in "AO" time and had been preceded

with a warning about language.

When dealing with a complaint about language used in a broadcast, the Authority, as

required by standard G2, examines the context of the language use. On this occasion it

noted the time of the screening and the warning but, in compliance with the standard,

paid particular attention to the situation in the programme in which it was used. The film

dealt broadly with advertising styles and the film's hero was dismissed following the

accidental publication of an advertisement which adopted a different approach and which

contained the word "fuck". It was a pivotal point in the film and its omission would have

seriously hampered the flow of the story being told.

In those circumstances, the Authority concluded that the use on two occasions of the

language complained about did not, having regard to the context in which it was used,

breach standard G2 of the Television Code of Broadcasting Practice.

For the reasons set forth above, the Authority declines to uphold the complaint.

Despite declining to uphold this complaint, the Authority notes that this is the second

complaint concerning the use of this word within a fortnight. The fact that neither

complaint has been upheld should not be taken as an indication that the Authority is

relaxing its attitude to the use of this word which is highly offensive to a significant

number of viewers, particularly at the relatively early hour of 8.30pm.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
9 May 1994

Appendix

Mr Soeteman's Complaint to Television New Zealand Limited

In a letter dated 9 March 1993, Mr Adolf Soeteman of Auckland complained to Television

New Zealand Ltd about the offensive language contained in the movie Crazy People

screened on Channel Two at 8.30pm on Thursday 17 February.

He objected to the use of the word "fuck", which he described as foul language and which

had been repeated on a number of occasions. He believed that the broadcast contravened

the broadcasting standard which requires good taste and decency.

TVNZ's Response to the Formal Complaint

TVNZ advised Mr Soeteman of its Complaints Committee's decision in a letter dated 4

March 1994 and reported that the complaint had been assessed under standard G2 of the

Television Code of Broadcasting Practice.

TVNZ said that the word "fuck" was used twice in the film and explained that the context

was the film's hero being dismissed by his employer. It noted that the gratuitous use of bad

language, or its use during children's normally accepted viewing times, had resulted in

353 deletions from programmes in 1993.

Pointing out that context was taken into account as required by the standard, TVNZ

argued that its deletion would have required the removal of about a third of the sequence

in which the words had been used and

... would substantially diminish the impression given about the crass nature of the

advertisements that had found their way into print.

Moreover, a later scene which referred to the scene in question would also have had to

have been removed.

Expressing the opinion that "bleeping" offending words was not successful in that it drew

attention to the language involved, TVNZ then quoted from the Broadcasting Standards

Authority's Decision No: 164/93. On that occasion, the Authority accepted that the use

of the word "fuck" was appropriate given the context of the film in which it had been used.

As it believed that it was also appropriate on this occasion, TVNZ declined to uphold the

complaint.

Mr Soeteman's Complaint to the Broadcasting Standards Authority

Dissatisfied with TVNZ's decision, in a letter dated 8 March 1994 Mr Soeteman referred

his complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989 for investigation and review.

TVNZ's Response to the Authority

As is its practice, the Authority sought the broadcaster's response to the referral. Its letter

is dated 11 March 1994 and TVNZ, in its reply dated 15 March, said it did not want to

comment further other than to emphasise that the film had a S2030 classification (to be

broadcast only in "AO" evening time) and had been preceded by a warning about

language.

Mr Soeteman's Final Comment to the Authority

When asked to comment on TVNZ's response, in a letter dated 23 March 1994 Mr

Soeteman maintained that the use of obscene language in the film Crazy People did not

comply with standard G2. He knew only one person - out of hundreds - who used the

language included in the film.

He considered TVNZ's attitude - that "anything goes in the name of art" - to be

irresponsible.