BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A report on the "Hero Parade" in Auckland was broadcast by TVNZ on One Network News

on 20 February 1994 between 6.00–6.30pm.

Mr Kristian Harang complained to Television New Zealand Ltd that the shots of lightly

clad people in a public street were offensive and unsuitable for broadcast in family viewing

time. In addition, he claimed that the depiction of a person wearing a G-string was in

breach of the standard requiring broadcasters to observe the principles of law.

In response, TVNZ pointed out that there were difficulties in showing the parade because

many of the people were naked. It explained that the news department had tried to report

the event honestly, but without showing the explicit scenes which might have caused

offence. In the context of an event in which unusual and unconventional behaviour took

place, TVNZ argued the pictures were not in breach of good taste. It also declined to

uphold the complaint that it had failed to uphold the principles of law. Dissatisfied with

that decision, Mr Harang 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 programme 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.

Coverage of the "Hero Parade" in Auckland was included in One Network News broadcast

by TVNZ on 20 February 1994 between 6.00–6.30pm. Mr Harang complained that the

item sensationalised the event because it highlighted the more offensive aspects, and was

unsuitable for screening at a time when younger viewers might be watching. Pointing to

the shots of lightly-clad people, including a person with a "bare backside", Mr Harang

argued that such indecency was a criminal offence and had the event been a heterosexual

parade, people would have been arrested for indecency.

TVNZ advised Mr Harang that it had assessed his complaint under the standards

nominated by him, which 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.

G5  To respect the principles of law which sustain our society.

Responding that it would have been misleading and dishonest to have shown the parade as

if it were without controversy and devoid of exhibitionism, TVNZ maintained that it

considered the event had been reported honestly, but without including scenes which

might have caused offence. It noted that the reporter had explained that there had been

difficulty in gaining pictures because many of the people in the parade were naked.

Referring to a recent article which discussed how news is distorted by "the systematic

exclusion of controversial material" from television broadcasts, TVNZ expressed its view

that it was important to avoid that trap and to present events as fully as possible within

the confines of the broadcasting standards. It noted that the item managed to reflect that

the behaviour at the parade was somewhat unorthodox but without including pictures

that were in breach of the standards. It added that the bare bottom scene to which Mr

Harang referred actually showed a person wearing a "G-string".

In declining to uphold the complaint, TVNZ maintained that in the context of reporting an

event in which unusual and unconventional behaviour took place the pictures used in the

item were not in breach of the standard requiring good taste and decency. It did not

believe standard G5 was relevant because no illegal activity was shown. It suggested that

had it sanitised the story any further, it would have distorted the original event to the

extent that the item would have breached standard G19.

Agreeing that the item portrayed some flamboyant behaviour, the Authority considered

that in the circumstances TVNZ had acted responsibly in portraying the flavour of the

event without compromising broadcasting standards. Noting that the broadcast was

during family viewing time, the Authority acknowledged that inevitably some viewers

would be offended by some scenes but it observed that particular care had been taken to

avoid gratuitous shots of the parade participants, many of whom were apparently naked.

It did not believe the shot of the person wearing a "G-string" was in breach of the standard

requiring good taste and decency.

With respect to Mr Harang's argument that the broadcast undermined the principles of

law, the Authority agreed with TVNZ that no illegal activity was shown and nothing to

incite people to break the law, and consequently, there was no breach of standard G5.

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

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
26 May 1994

Appendix

Mr Harang's Complaint to Television New Zealand Limited

In a letter dated 21 February 1994, Mr Kristian Harang of Auckland complained to

Television New Zealand Ltd about the broadcast of an item on One Network News on 20

February 1994 between 6.00 - 6.30pm.

The item covered the "Hero Parade" - the march through central Auckland by members of

the gay community. In Mr Harang's opinion, it showed many offensive scenes of lightly

clad people and focused on the sensational. Since it was shown in family viewing time, Mr

Harang maintained that it gave a very bad example to young people.

The shot of a man with a "bare backside" in Mr Harang's view breached the requirement

that broadcasters observe the principles of law. In his opinion, it was a criminal offence to

be dressed like that in a public place.

TVNZ's Response to the Formal Complaint

TVNZ advised Mr Harang of its Complaints Committee's decision in a letter dated 3 March

1994. It reported that it assessed his complaint under standards G2 and G5 of the

Television Code of Broadcasting Practice.

TVNZ explained that the news department had tried to assemble the item honestly, being

careful not to sanitise the pictures to the point where they distorted what actually went

on. It wrote:

It would be misleading and dishonest for the news bulletin to have shown this

parade as if it were without controversy and devoid of exhibitionism. The reporter

said that he and the cameraman had a difficult task in gaining pictures because

many people in the parade were naked.

In assembling the item, the newsroom tried hard to report the event honestly, but

without showing the very explicit scenes which might have caused offence.

In considering the complaint, TVNZ reported that it examined it in the context of a recent

American article about how omissions can distort the news. In TVNZ's view, it was

important to report on the unusual and unconventional behaviour which took place

without showing some of the more bizarre scenes. It denied that the pictures breached the

requirement for good taste and decency in the context of reporting on an event in which

unusual and unconventional behaviour took place.

It did not believe that standard G5 was relevant because no illegal activity was shown.

Mr Harang's Complaint to the Broadcasting Standards Authority

Dissatisfied with TVNZ's decision, Mr Harang referred the complaint to the Broadcasting

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

Mr Harang repeated that in his view, the "Hero Parade" showed offensive and disgusting

behaviour. He complained that there was "a bare backside" in a public street and argued

that if it were a heterosexual parade there would have been an immediate police reaction

and people would have been arrested for indecency.

He argued that the item sensationalised the parade and highlighted the more offensive

aspects of it and was not appropriate to be shown at 6.00pm in family viewing time.

Explaining why he was dissatisfied with the broadcaster's decision not to uphold the

complaint, Mr Harang cited an opinion poll which he claimed showed that 50% of New

Zealanders do not approve of homosexuality.

TVNZ's Response to the Authority

As is its practice, the Authority sought the broadcaster's response to the complaint.

Its letter is dated 11 March and TVNZ's reply, 23 March 1994.

Commenting that it had little to add to its earlier letter, TVNZ repeated that it believed the

item was responsibly edited so that it accurately recorded that the event took place and

attracted a sizeable attendance, and at the same time showed sufficient to reflect that it

showed some somewhat unorthodox behaviour.

It denied that there was a view of a "bare backside" as Mr Harang suggested. It pointed

out that the person was clad in a G-string and bodice.

In response to Mr Harang's arguments, TVNZ argued that they did not have much

relevance. In its view, whether there would have been arrests for indecency had it been a

heterosexual parade was a matter to take up with the police. Further, it argued that Mr

Harang's reference to an opinion poll about homosexuality was irrelevant. It wrote:

Whatever the public at large may think of homosexuality, members of Auckland's

homosexual and lesbian community did take part in a parade and exhibit a form of

behaviour which was worth reporting in a news item.

It added that it believed the item was not inappropriate for a 6.00pm audience and any

further sanitising of the story would have distorted the original event and been in breach

of standard G19.

Mr Harang's Final Comment to the Authority

When asked to comment on TVNZ's response, in a letter dated 28 March 1994, Mr

Harang accused the news media of pushing out of all proportion controversial issues such

as pornography and homosexuality. He maintained that the parade was offensive and

disgusting and argued that if TVNZ was providing a quality service, it would have avoided

showing the item.

Noting that TVNZ itself had mentioned that many people were naked, he asked why it had

broadcast the parade when it contained people who were breaching the criminal laws of

the country by being naked in public. Mr Harang also took issue with TVNZ's assurance

that the person with the "bare backside" was wearing a "g-string", stating that in his view

it was a bare backside and that many people would have been disturbed and offended to

have seen this in family viewing time.