BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Saliha Azzouz, an academic of Algerian birth studying in New Zealand, read three of

her shorter poems in English on the Correspondence School programme broadcast on

National Radio at about 1.10pm on 10 June 1996. The poems had been published in

New Zealand, and the last one was entitled Erotica.

Mr Mills complained to New Zealand Public Radio Ltd, the broadcaster, that the

broadcast of erotic fantasies to school children breached the standards. It could

encourage them to seek out or to write salacious material.

Explaining that senior secondary pupils were the target audience, and emphasising the

context in which the poem had been broadcast, NZPR declined to uphold the

complaint.

Dissatisfied with NZPR's decision, Mr Mills referred it 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 listened to the item complained about and have

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

Authority determines the complaint without a formal hearing.

An academic interest in the works of Katherine Mansfield brought Saliha Azzouz to

New Zealand. Of Algerian birth, Ms Azzouz also writes poems and her poems in

English have been published in New Zealand. She read three of her shorter poems on

the Correspondence School programme for secondary students studying English,

broadcast in the early afternoon of 10 June.

Mr Mills complained to NZPR, the broadcaster, that the broadcast of the poem

entitled 'Erotica' was unsuitable for children. He expressed concern that the

broadcast of salacious material could lead children to search for such material or be

taken as a sign of approval for children to express their own 'risque fantasies'.

NZPR assessed the complaint under standards R2 and R32 of the Radio Code of

Broadcasting Practice. The former requires broadcasters:

R2  To take into consideration currently accepted norms of decency and good

taste in language and behaviour, bearing in mind the context in which any

language or behaviour occurs.

The latter reads:

R32 When programme content may contain material which may be sensitive to

children it shall be handled positively and responsibly by broadcasters.

Examples of such content include programmes relating to anger, sexuality,

violence, relationships, family conflict and alcohol and drug abuse to which

children may be sensitive.

Focussing on the context of the broadcast and emphasising that senior secondary

school students were the target audience, NZPR declined to uphold the complaint.

Having listened to the three poems which Ms Azzouz read, the Authority agrees that,

given the context of the broadcast, standard R2 was not contravened. Further, the

Authority is of the view that the broadcast could not be considered to be the

irresponsible or presented insensitively. Accordingly, it concludes that standard R32

was not breached.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
15 August 1996

Appendix

Mr Mills' Complaint to New Zealand Public Radio Ltd - 11 June 1996

Ron Mills of Picton complained to New Zealand Public Radio Ltd about the broadcast

of a poem called 'Erotica' on the Correspondence School English programme

broadcast on Monday 10 June 1996 at 1.10pm.

He considered such material unsuitable for children and stated:

My concern is that the subject matter had the propensity to arouse children's

minds sufficiently to encourage them to seek out and gloat over more salacious

material. The whole programme would have also given the impression that it

is smart, or cool, to write their own risque fantasies to gain approval.

NZPR's Response to the Formal Complaint - 17 June 1996

Assessing the complaint under standards R2 and R32 of the Radio Code of

Broadcasting Practice, NZPR noted that the broadcast consisted of a brief introduction

and an extract from an interview with Saliha Azzouz. It reported that Ms Azzouz

was a francophone woman of Algerian birth who was completing a degree thesis

relating to Katherine Mansfield. The broadcast included three of her own shorter

works in English which have been published in New Zealand.

In relation to the decision about standard R2 (the requirement for good taste and

decency), NZPR explained that it had assessed the poem in the context of historical

and contemporary English literature, which it noted was a major part of any school's

curriculum. It also considered it important to the context that this was the work of a

major scholar working in a foreign language and that it demonstrated her ability to

create worthwhile English literature.

NZPR compared the situation to one where the works of Shakespeare might be

broadcast, noting that out of context they might also being considered in bad taste.

The comparison, it continued, could be extended to the Bible and the Koran.

Discussing the intention and manner of the broadcast, NZPR maintained that the

reading was:

... fully in accord with the treatment appropriate to an audio exposition of

literary aspects of a college English syllabus.

It declined to uphold the complaint in relation to standard R2.

Turning to standard R32 (the requirement for sensitivity to children), NZPR noted

that many similar contextual considerations applied to this aspect of the complaint. It

felt that it was significant the broadcast was aimed at students over age 15 years, and

that younger children were unlikely to follow the programme right through. Noting

that R32 was primarily concerned with the manner in which such material was

broadcast, rather than its prohibition, it declined to uphold the complaint under that

standard.

Mr Mills' Referral to the Broadcasting Standards Authority - 20 June 1996

Dissatisfied with NZPR's response, Mr Mills referred the complaint to the

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

Noting NZPR's comparison to Shakespeare and the Bible, he questioned the 'active

promotion' of aspects of these works to children. Mr Mills pointed out that while he

agreed that the poem had literary merit:

Its broadcast to children was in very bad taste, and the subject matter a

questionable example to place before them.

NZPR's Response to the Authority - 24 June 1996

In a brief reply NZPR made two main comments. First, it argued that it was

important to consider the whole broadcast in considering the context in which the item

was placed. Secondly, it held reservations about Mr Mills' reference to comparisons

with the Bible and suggested that 'broadly equated' would be a better term. NZPR

also noted it did not consider 'active promotion' to be an accurate description of the

Correspondence School's intentions.

Mr Mills' Final Comment - 2 July 1996

In a brief reply, Mr Mills suggested that he was still uneasy about the matter because

of the wide coverage of the Correspondence School programme. He conceded that the

use of the term 'active promotion' in his previous letter was inappropriate and

suggested 'use' or 'used' instead.