BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A station identification promo for TV2 was broadcast by TVNZ after 8.30pm on the

evening of 17 February 1996. One scene in the montage showed a naked man

descending a fire pole.

Mr McBride complained that the shot of the naked man was inappropriate because it

was shown out of context, breached the standard of good taste and decency and the

standard requiring broadcasters to observe the principles of law.

In its response, TVNZ noted that the shot complained about was extremely brief, that

the man's genitals were not shown and that there was nothing lascivious or tawdry

about the scene. It added that the promo had only been broadcast in AO time and stated

that it was difficult to believe it would have caused widespread concern. Dissatisfied

with TVNZ's decision not to uphold the complaint, Mr McBride referred it to the

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

For the reasons given below, the Authority declines to uphold the complaint.

Decision

The members of the Authority have viewed the item complained about and have read the

correspondence (which is summarised in the Appendix). As is its practice, the

Authority determines the complaint without a formal hearing.

TV2's station identification promo which was broadcast after 8.30pm on 17 February

1996 comprised a montage of shots from its current shows and included a brief shot of

a naked man descending a fire pole.

Mr McBride complained to TVNZ that the scene was unacceptable and breached the

standards of good taste and decency. He also alleged that the public display of nudity

breached the requirement to observe the principles of law and suggested that while

explicit material, such as bare breasts and buttocks, might be acceptable in the total

context of a programme, it was not appropriate when seen out of context.

In its response, TVNZ advised that it had considered the complaint under the standards

nominated by Mr McBride. Standards G2 and G5 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.

The other standards read:

G24 Broadcasters must be mindful that scenes containing incidents of

violence or other explicit material may be acceptable when seen in

the total context of a programme, but when extracted for promotion

purposes such incidents will be seen out of context and may thereby be

unacceptable, not only in terms of the codes but also for the time band

during which the trailer is placed.

V16 Broadcasters must be mindful of the effect any programme, including

trailers, may have on children during their generally accepted viewing

periods, usually up to 8.30pm, and avoid screening material which

could unnecessarily disturb or alarm children.

In declining to uphold the complaint, TVNZ noted that the naked man was seen only

from behind and for the briefest possible time. It did not consider that the brief glimpse

of the man's buttocks would have caused concern among viewers. It advised that, in its

view, standard G5 was inapplicable because there was no law preventing nudity on

screen. With respect to the complaint that standard G24 was breached, TVNZ

responded that the fact that the item was taken out of context did not add any prurient

dimension to the scene. Finally, it argued, standard V16 was not applicable because the

promo was screened in AO time.

The Authority concurs with TVNZ's reasoning on each aspect of the complaint. It does

not believe any of the standards were transgressed and declines to uphold the complaint.

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

complaint.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
18 April 1996

Appendix

Paul McBride's Complaint to Television New Zealand Ltd - 18 February

1996

Mr McBride of Rotorua complained to Television New Zealand Ltd that the TV2

promotion screened on 17 February 1996 between 9.00 - 9.30pm was in breach of

broadcasting standards. The scene to which he objected showed a person with bare

buttocks. He complained that it breached standard G2 (good taste and decency) and

standard G5 (because public nudity out of context is unlawful). He also suggested that

if the promo was shown before 8.00pm it would be in breach of standard V16.

He suggested that TVNZ should be careful regarding the extracts it chose for

promotional purposes, commenting:

It seems that the highlights of many programmes are the incidents showing

nude men and women or any incident that is sexually suggestive, and a lot of

viewers find this unacceptable when presented consistently in your

promotions.

TVNZ's Response to the Formal Complaint - 7 March 1996

TVNZ advised Mr McBride that the item which was complained about was a station

identification promo which contained a montage of scenes from programmes of the

recent past or currently screening on TV2. It included a brief rear shot of an apparently

naked man descending a fire pole. It observed:

The shot of the naked man, who we assume is a fireman, is extremely brief and

begins with the man's bare buttocks all but already out of shot as he descends

the fire pole. No genitals are shown and there is nothing lascivious or tawdry

about the scene.

The promo has played only in AO time and in this context TVNZ finds it

difficult to believe that the shot in question would cause widespread concern

among viewers.

With respect to standard G2, TVNZ noted that there was no ban on discreet nudity on

television and observed that the naked man was seen only from behind and his buttocks

were visible for the briefest possible time.

It did not believe that standard G5 was applicable since there was no law preventing

nudity on screen.

TVNZ noted that standard G24 states that material may be unacceptable when taken out

of context. In this instance, it argued, it being lifted out of context did not add any

prurient dimension to the scene.

TVNZ argued that standard V16 was not applicable because the promo was screened in

AO time and declined to uphold the complaint.

Mr McBride's Referral to the Authority - 11 March 1996

Dissatisfied with TVNZ's decision not to uphold his complaint, Mr McBride referred it

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

He argued that it would have been obvious to most viewers that the scene was explicit

and seen out of context and therefore it was unacceptable. He maintained that the shot

of the naked man breached the standard of good taste and decency and repeated that

TVNZ had not been mindful of the possibility that out of context, the scene was

unacceptable. Mr McBride also argued that the scene breached the requirements of

broadcasters to observe the principles of law.

TVNZ's Response to the Authority - 15 March 1996

In a brief response, TVNZ noted that the promo complained about was about 2 minutes

long with the scene referred to by Mr McBride lasting just one second. It advised that it

had nothing further to add to its 7 March letter.