BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

Members of the male strip show "Manpower Australia" featured as part of a skit on

Just Kidding broadcast by TVNZ Ltd on TV2 on 18 October 1995 between

7.30–8.00pm. Just Kidding is a light-hearted show broadcast weekly which uses an

international selection of practical jokes.

Paul McBride complained to Television New Zealand Ltd, the broadcaster, that the

segment, which he stated contained adults only entertainment, should not have been

broadcast at an hour when children would be watching. Furthermore, he contended,

the segment breached the good taste standard and lacked balance.

In its response, TVNZ rejected the complaint that the item was unsuitable for child

viewers, arguing that although one incident was a little risque, it did not breach the

good taste standard. It acknowledged that the humour was not to everyone's taste but

pointed out that the skit was typical of its genre. Dissatisfied with that decision, Mr

McBride 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

determined the complaint without a formal hearing.

One of the skits on Just Kidding broadcast by Television New Zealand Ltd on TV2 on

18 October 1995 between 7.30–8.00pm featured members of the male strip show:

"Manpower Australia". Members of the public, asked to stand in for a supposedly

absent television interviewer, were given a series of questions to ask the performers

about their show. The final question exposed the "interviewer" as the victim of the

joke.

Mr McBride complained to TVNZ that the item was in breach of broadcasting

standards because the "Manpower Australia" group was adult only entertainment,

designed specifically for women, and should not have been broadcast in family viewing

time. He considered the group's behaviour was sexually suggestive and should have

been classified as adult entertainment.

TVNZ advised that it considered the complaint under the standards nominated by Mr

McBride. Those 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.

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

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

G8   To abide by the classification codes and their appropriate time bands as

outlined in the agreed criteria for programme classification.

G12  To be mindful of the effect any programme may have on children

during their normally accepted viewing times.

Dealing first with the standard G2 complaint, TVNZ responded that it was unable to

detect what Mr McBride described as sexually suggestive behaviour. It suggested that

he was judging the Just Kidding item by what he believed went on in the "Manpower

Australia" shows, and maintained that what was broadcast in this segment did not

contravene the standard. It acknowledged that one incident, in which one of the men

pulled his shorts up and flexed the muscles in his buttocks, was perhaps a little risque,

but was still within the spirit of the practical joke and not a breach of the standard.

TVNZ advised that it was unable to decide whether standard G6 was breached

because Mr McBride had not indicated why the item was unbalanced or lacking in

impartiality and fairness.

With respect to the complaint that standard G8 was breached, TVNZ advised that the

programme had a PGR classification, defined under the Television Code of

Broadcasting Practice as:

Parental Guidance Recommended - PGR

Programmes containing material more suited to adult audiences but not

necessarily unsuitable for child viewers when subject to the guidance of a

parent or adult.

"PGR" programmes may be screened between 9am and 4pm and after 7pm

until 6am.

According to TVNZ, there was nothing in the programme that was unsuitable for child

viewers when accompanied and guided by a parent or adult and it concluded that

standard G8 was not breached. Having made that decision, TVNZ reasoned that

consequently standard G12 was not breached. It declined to uphold any aspect of the

complaint.

Having viewed the item, the Authority was inclined to agree with TVNZ that Mr

McBride was confusing the stage performances of "Manpower Australia" with what

was actually shown in the skit. The Authority also failed to discern sexually

suggestive behaviour on the part of the performers and concurred with TVNZ that the

joke played on innocent members of the public was not a breach of the good taste

standard. Nor did the incident in which one of the performers revealed his buttocks, in

the Authority's view, constitute a breach.

The Authority declined to determine the complaint under standard G6 because it was

unable to ascertain from the complaint what, if any, aspects of the item were

unbalanced or lacking in impartiality and fairness.

Turning to the programme's classification, the Authority did not agree with Mr

McBride that it should have been classified as AO and broadcast at a later hour. In its

view, the programme was properly classified as PGR and there was nothing in it

which was unsuitable for child viewers when accompanied by an adult. With respect

to the standard G12 complaint, the Authority also considered that TVNZ had, by

virtue of classifying the programme as PGR, been mindful of the effect of the

programme on younger viewers. That classification advises parents to exercise

discretion on behalf of their children. Accordingly, the Authority declined to uphold

the complaints that standards G8 and G12 were breached.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
19 December 1995

Appendix

Mr McBride's Complaint to Television New Zealand Ltd - 20 October 1995

Paul McBride of Rotorua complained to Television New Zealand Ltd that its

broadcast of an item featuring "Manpower Australia" performers in Just Kidding on

TV2 on 18 October between 7.30 - 8.00pm breached broadcasting standards.

Mr McBride argued that "Manpower Australia" was adults only entertainment,

designed to entertain women. In his view the sexually suggestive behaviour of the

group was derogatory and should not have been broadcast at a time when children

would be watching. He alleged the programme breached standards G2, G6, G8 and

G12 of the Television Code of Broadcasting Practice.

TVNZ's Response to the Formal Complaint - 2 November 1995

TVNZ began by explaining that Just Kidding was a programme which depended for its

humour on presenting unsuspecting members of the public as victims of practical

jokes. In the skit complained about, people were asked to stand in for a supposedly

absent television interviewer who was to meet members of the revue troupe.

TVNZ rejected Mr McBride's claim that the programme was designed to entertain

women only. It maintained that the group was part of the general entertainment

industry performing for both men and women, although on occasion might perform

specifically for all-women audiences.

Referring to the standard G2 complaint, TVNZ suggested that Mr McBride was

judging "Manpower Australia" on what he believed they did in their shows, rather

than on what was shown on Just Kidding. It wrote:

It seems to TVNZ that all of the activity in this item, and the trailers, was

simply good fun at the expense of unsuspecting "Just Kidding" victims who

had just had a microphone thrust into their hands. One shot, in which one of

the members of the troupe pulled his shorts up into the cheeks of his bottom

was, perhaps, a little risque but appeared to be in the spirit of the practical

joke and was not by itself sufficient to constitute a breach of the standard.

TVNZ felt the dominant feeling was one of "fun" and it could not detect what

you describe as "sexually suggestive behaviour".

As for the standard G6 aspect of the complaint, TVNZ commented that it had not

been given information about why the item was unbalanced or lacking in impartiality

and fairness, and consequently was unable to conclude that the standard was breached.

Turning to the standard G8 complaint, TVNZ noted that the standard was to do with

programme classification. It pointed out that the programme was rated PGR and that

it considered nothing in it was unsuitable for child viewers when accompanied and

guided by a parent or adult. It concluded that the standard had not been breached.

Finally TVNZ advised that it did not believe standard G12 was breached. It was

noted that none of the performers showed their private parts and that less was seen of

them than of male bodies in other programmes popular with younger viewers.

Mr McBride's Complaint to the Broadcasting Standards Authority - 7

November 1995

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

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

Mr McBride wrote:

I believe an overseas male revue troupe who come to New Zealand to perform

in front of women only audiences, in an intentionally sexually suggestive

manner, should be realistically classified as Adult entertainment.

In his view the item was not suitable for children's viewing time and he objected to the

group being given the opportunity to promote their show.

Mr McBride did not believe TVNZ had interpreted the grounds of his complaint

correctly, because he believed the behaviour of the performers was unsuitable for

children and the group should not have been included in the programme when it was

prepared or promoted.

TVNZ's Response to the Authority - 16 November 1995

TVNZ acknowledged that practical jokes such as the one shown on Just Kidding were

not to everyone's liking. It added:

However it is a legitimate form of humour which is greatly enjoyed by very

many viewers and the skit to which Mr McBride's complaint refers is typical

of the genre, and should be judged in that context.

Mr McBride's Final Comment - 27 November 1995

When asked to make a brief final comment, Mr McBride repeated his view that the

"Manpower Australia" group and its behaviour was out of context for a programme

which was designed for family entertainment.