BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

A Few Good Men was the title of the film screened on TV2 at 8.30pm on 11 February

1996. It involved the court martial of two United States marines for the murder of

another marine. The leading character, the defence counsel, used the term "Christ" as

an expletive on a number of occasions.

The Knights of the Southern Cross (Napier Branch) complained to Television New

Zealand Ltd that the profane use of the name of the founder of Christianity breached the

broadcasting standards.

Explaining that it regularly excised from programmes the gratuitous use of offensive

words, TVNZ argued that its use on this occasion was not inappropriate as it expressed

the lawyer's despair which was central to the plot. It declined to uphold the complaint.

Dissatisfied with TVNZ's decision, the Knights referred their complaint to the

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

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

Decision

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

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

determines the complaint without a formal hearing.

A Few Good Men was the title of a film screened on TV2 at 8.30pm on Sunday 11

February. It involved the preparation for, and the trial, of two American marines for the

murder of another marine. The film focussed on the defence counsel who, on a number

of occasions, used the word "Christ" as an expletive.

The Napier Branch of the Knights of the Southern Cross explained that it was a Roman

Catholic lay-man's organisation. In a letter signed by nineteen members, it complained

about the use on television of "Jesus Christ", the name of the founder of Christianity, as

a swear word.

It acknowledged that it was a common practice for the Lord's name to be used as a

profanity, but maintained that such usage showed a lack of respect. Specifically, it

argued that the film, A Few Good Men, an enthralling court-room drama, had been

spoilt for the group by the blasphemous use of the name of the founder of their religion.

TVNZ assessed the complaint under the nominated standard. Standard G13 requires

broadcasters:

G13 To avoid portraying people in a way which represents as inherently inferior,

or is likely to encourage discrimination against, any section of the

community on account of sex, race, age, disability, occupational status,

sexual orientation or the holding of any religious, cultural or political belief.

This requirement is not intended to prevent the broadcast of material which

is:

i) factual, or

ii) the expression of genuinely-held opinion in a news or current affairs

programme, or

iii) in the legitimate context of a humorous, satirical or dramatic work

While acknowledging that blasphemy upset devout Christians, TVNZ argued that did

not necessarily mean that the standard was contravened. It added that many aspects of

programming offended various groups for different reasons and it had to follow a

careful and considered path. Referring specifically to language, TVNZ recorded that

offensive words which were not relevant to the material, resulted in 199 cuts in 1995.

TVNZ advised that it had decided to retain the language in A Few Good Men to

illustrate the despair and frustration felt by the defence lawyer. Having retained the

language, the film was given an AO rating and was preceded – verbally and visually – by

the following warning:

"The following movie, A Few Good Men, is classified AO and is recommended

for adults only. It contains language that some people may find offensive.

Discretion is advised."

TVNZ added, having regard to the point that the use of holy names as expletives was

common, that the programme would lack realism if such language was removed

completely.

Dealing with the specific aspects of standard G13, TVNZ denied that the film either

portrayed Christianity as inherently inferior or encouraged discrimination against

Christians on account of their religious beliefs. It observed:

It is our view that the use of Holy names as expletives has little to do with

Christianity. People use expletives at times of stress and we feel sure that they do

not deliberately select a Holy name to disparage Christianity. Religion is far from

their minds at the time the expletive is used. The Holy name just happens to the

first that comes to them.

When they referred their complaint to the Authority, the Knights noted that Christianity

was the country's major religion. As the majority of New Zealanders thus

acknowledged the holiness and authority of Christ, they requested that the profane use

of his name be "bleeped" out.

Assessing the complaint initially by focussing on the specific requirements in standard

G13, the Authority is in agreement with the reasons advanced by TVNZ. It does not

accept that the profanities used in the film either treated Christians as inherently inferior

or encouraged denigration against them on account of their religious beliefs.

With regard to the use of blasphemy in A Few Good Men, the Authority considers that

there are aspects of context which are relevant. First, in order to establish credibility for

a character portrayed, it is often necessary for that character to use the language which is

believed appropriate. Secondly, having decided to retain some language which might

upset some viewers, TVNZ rated the film as AO and broadcast a warning which

referred specifically to the language contained in the film.

In these circumstances, the Authority considers that the screening of the film, A Few

Good Men, did not breach standard G13.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
18 July 199

Appendix

Knights of the Southern Cross (Napier Branch) Complaint to Television

New Zealand Ltd - 4 March 1996

The Napier Branch of the Knights of the Southern Cross complained (through the

Broadcasting Standards Authority) to Television New Zealand Ltd about the use in

American films of the name Jesus Christ as a swear word.

Arguing that the common use of the Lord's name as a profanity did not justify such

usage, the Knights said that the blasphemous use of the name Jesus Christ in the film A

Few Good Men broadcast on TV2 at 8.30pm on 11 February spoilt an enthralling court-

room drama. They concluded:

We ask that in future the swearing of Christ's name that may occur in any

television film or programme from abroad be Ôbleeped' out before being shown in

this country, and that the heads of programming of the television channels be

asked to publicly assure Christians that the former practice has been brought to an

end in acknowledgment of the respect due to the founder of a principal religion.

In a further letter dated 24 April, the Knights alleged that the use in the film of Jesus

Christ's name as an expletive breached standard G13 of the Television Code of

Broadcasting Practice.

TVNZ's Response to the Formal Complaint - 3 May 1996

Assessing the complaint under the nominated standard, TVNZ acknowledged that the

use of the holy names as expletives upset devout Christians. However, it continued,

many aspects of programming were disliked by different groups but that did not mean

that the standards had been breached. It wrote:

As far as the language is concerned, we take the view that offensive words should

be removed when they are not relevant to the material in which they are found.

Last year (1995) 199 TVNZ programmes were cut because of offensive language.

The language had been retained in the film complained about as it showed the despair

and frustration of a central character which was necessary for the film's plot and, it

continued:

Having decided to retain the language, the film was given an "AO" (Adults Only)

rating and was required to be preceded by this explicit warning - carried both in

audio and on screen:

"The following movie, A Few Good Men is classified AO and is

recommended for adults only. It contains language that some people may

find offensive. Discretion is advised."

Noting that the Knights acknowledged that the use of holy names as expletives was

common and adding that it reflected reality, TVNZ then considered whether the use in

the film A Few Good Men breached the nominated standard. TVNZ said that the use of

holy names as expletives had little to do with religion and was not used with an

intention to disparage Christianity.

TVNZ concluded that Christians were not belittled or represented as inherently inferior

because of the use of the language. Further, the language did not encourage

discrimination against Christians. In addition, TVNZ said, the language was used in

the a legitimate context of a dramatic work and, as its use was not gratuitous, it was

allowable as an exemption by clause (iii) of standard G13.

The Knights' Complaint to the Broadcasting Standards Authority - 14

May 1996

Dissatisfied with TVNZ's decision, the Knights referred the complaint to the

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

Pointing out that the census revealed that Christianity was the principal religion in New

Zealand, they argued that TVNZ was required by the standards to be culturally

sensitive.

They repeated that their complaint involved the use of the name of the founder of

Christianity as a profanity on several occasions by the lead actor in A Few Good Men.

Arguing first that TVNZ's response to the complaint suggested that standard G13 did

not mean what it said, and secondly, that TVNZ seemed to suggest that the impact of

the film rested on the use of profanities, the Knights expressed the view that TVNZ was

unlikely to allow the use of the name of the Maori Queen as an expletive.

They concluded:

"Devout" or not, Christians here, seemingly the majority of New Zealanders, do

acknowledge the holiness and authority of Christ. To most of us He is Our

Saviour. We are even bound by the Second of the Ten Commandments: "Do not

take the name of the Lord thy God in vain".

Our request to TVNZ was that where Christ's name was used as a profanity in a

film or programme, that swearing, in keeping with the simple sense of G13, be

Ôbleeped' out. We ask that the Broadcasting Standards Authority on the premise

of our complaint, require that of TVNZ.

TVNZ's Response to the Authority - 27 May 1996

In its report, TVNZ repeated the point that it regularly excised unsavoury language from

films where it believed its use was gratuitous.

It focussed on the requirement in the standard to avoid portraying as inferior a group

holding a religious belief and wrote:

How, we ask, does the uttering of "Jesus Christ" as an expletive represent

Christians in an inferior way? Who is going to think any less of Christians

because they heard Christ's name used as a swear word?

It described the suggested comparison with the Maori Queen as "fatuous" as the use of

"Jesus Christ" as an oath was long established and, indeed, acknowledged as such in

the dictionary.

TVNZ also argued that the use of "Jesus Christ" as an expletive in A Few Good Men

did not encourage discrimination against anyone, commenting:

The word, while sacred for devout Christians, is used in the film in a laical

manner and not in a way that draws attention to Christianity as a religion or

disparages that religion. It is simply used as an expletive, a meaningless phrase.

In addition, TVNZ again argued that its use was exempted by standard G13(iii).

The Knights' Final Comment - 4 June 1996

Pointing out the group spoke on behalf of all Christians, the Knights said the language

used in the film did not show respect to the name of the founder of the religion which

most New Zealanders followed and acclaimed. It recorded that its initial intention had

been to use political leaders to start a campaign to stop broadcasters showing

programmes where Christ's name was used as a curse.

Asking the Authority to uphold the complaint, it wrote:

We are surprised that TVNZ does not want to relent from giving such obvious

offence. The broadcaster bleeps out the "F" word. We would expect the same

when the founder's name of this country's principal religion is used as a swear

word too.

Further Correspondence

In a letter dated 10 June 1996, TVNZ said that the "f" word was removed when it was

used gratuitously but was retained when its use was appropriate in the context. TVNZ

also asked whether all the New Zealanders who described themselves as Christians

would object to the use of the language in A Few Good Men.