BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Plain Tastes was the title of the play screened at 8.35pm Sunday 8 October 1995

during the season of seven New Zealand dramas broadcast on Montana Sunday

Theatre on TV One.

Mr Troop complained to Television New Zealand Ltd that the use of the "f" word

was offensive and breached the broadcasting standard.

Explaining that it was an area in which it was careful, TVNZ argued that the word was

used in an explosive moment and, given the context, did not breach the standard.

Dissatisfied with TVNZ's reply, Mr Troop 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 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.

The drama Plain Tastes was broadcast on Montana Sunday theatre as one of a series

of seven New Zealand items. Describing the broadcast as rubbish, and referring to its

general vulgarity, Mr Troop complained to TVNZ specifically about the use of the "f"

word.

Pointing out the word "fuck" had been used between two homosexual men, and not

directed at a woman as Mr Troop alleged, TVNZ stated that the use of the word was

not gratuitous. Acknowledging that it had to be careful in the area, TVNZ said it

removed the word in most circumstances. On the occasion complained about, it

continued, it represented an explosive moment in the drama as one character gave way

to his frustrations after suffering extreme stress.

TVNZ stated that it had assessed the complaint under standard G2 of the Television

Code of Broadcasting Practice. It 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.

Pointing out that the standard required that the context in which the language was used

to be taken into account, TVNZ then referred to some contextual matters which, it

argued, were relevant in the current situation and to its decision to decline to uphold

the complaint. First, the programme had been rated "AO" and, secondly, it was

preceded by a specific verbal warning that it contained language that some would find

offensive. As the third relevant contextual matter, TVNZ argued that Montana

Sunday Theatre on TV One at 8.30pm each Sunday had become a "well-established"

outlet for serious drama.

When he referred his complaint to the Authority, Mr Troop noted that he was not

unfamiliar with the language but, he maintained, it should not be permitted on a public

medium.

While the Authority does not consider that the use of the word is totally unacceptable

in all circumstances, it believes that the occasions where its use by a broadcaster is

appropriate, are limited. It agrees with and endorses TVNZ's policy of eliminating it

when used gratuitously.

With regard to the specific complaint, the Authority accepted that, while its use on

Plain Tastes might not have been absolutely essential to portray the frustration felt,

its use had occurred at a pivotal point and could not be regarded as gratuitous. The

Authority also took into account TVNZ's argument that Montana Sunday Theatre was

a timeslot for serious drama. However, it gave this contextual point less weight than

the others.

Nevertheless, taking both the contextual matters into account and focussing

on the circumstances in which the word was used, the Authority concluded

that standard G2 had not been breached on this occasion.

Signed for and on behalf of the Authority

J M Potter
Chairperson
30 November 1995

Appendix

Mr Troop's Complaint to Television New Zealand Limited - 9 October 1995

David Troop of Hamilton complained to Television New Zealand Ltd about the drama

Plain Tastes broadcast on TV One at 8.35pm as one of the series of New Zealand

plays on Montana Sunday Theatre.

Describing the play as rubbish, Mr Troop referred to the programme's "general

vulgarity". Acknowledging the programme's "AO" rating, he argued that the use of

the "f" word, especially by a woman, breached the broadcasting standards.

TVNZ's Response to the Formal Complaint - 19 October 1995

Assessing Mr Troop's objection to the use of the world "fuck" under standard G2 of

the Television Code of Broadcasting Practice, TVNZ said the programme was rated

"AO" and preceded by a specific warning that language could offend. In addition,

TVNZ wrote, the programme screened in what was a well-established outlet for

serious drama.

TVNZ noted that the word complained about was not used to a woman as the

complainant maintained, but between two homosexual men and it did not accept that

its use was gratuitous. It had been said, it continued, at an explosive moment as one

character gave way to his frustration at the stress he was suffering. Acknowledging

that it had to be careful in the area, TVNZ said it removed the word "fuck" in most

circumstances. However:

Given that the programme had an "AO" rating and there was a specific warning

about language, TVNZ concluded that the word "fuck" was not indecent in the

specific context of "Plain Tastes".

Observing that Mr Troop's other comments did not raise standards matters, TVNZ

expressed its regret that Mr Troop was offended and added that it had received a

number of telephone calls in praise of the programme.

Mr Troop's Complaint to the Broadcasting Standards Authority - 26 October

1995

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

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

maintained that the language was offensive and should have been eliminated.

Mentioning his age (72) and his experiences in the armed forces, Mr Troop observed

that he was not unfamiliar with the language used. He also pointed out that his letter

of complaint had not included the word and, therefore, he was astonished that it was

used, and thus trivialised, in TVNZ's reply. He concluded a letter to TVNZ's

Programme Standards manager about the referral:

It makes me feel sorry for your Secretary handling the correspondence, as I do

for the three ladies of the Broadcasting Standards Authority. I do not need to

say more.

TVNZ's Reply to the Authority - 3 November 1995

When advised of the referral, TVNZ stated that it did not want to comment further.