BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The film Side Out featuring beach volley ball was broadcast on TV2 at midday on 18

July 1996.

Mr Cheer complained to Television New Zealand Ltd that midday on Sunday was an

inappropriate time to screen a PGR rated film containing a reasonably explicit sex

scene.

As the scene was shown in semi-shadow in very short sequences (interspersed with a

volley ball game) and as it was not as graphic as alleged, TVNZ declined to uphold the

complaint.

Dissatisfied with TVNZ's decision, Mr Cheer referred the 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 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.

The film Side Out was screened on TV2 at midday on 18 July 1996. Beach volley ball

was featured in the two hour film and, about midway, it included a sex scene shown in

short sequences in semi-shadow, interspersed with scenes from a volley ball game.

Mr Cheer complained that it was inappropriate to screen such a scene as children

could be watching unsupervised at that time. He wrote:

The movie had a PGR rating and contained a reasonably explicit sex scene

around 1.00pm. The scene featured a couple in heated foreplay up against a

wall, the woman's underpants being removed and the couple ending up in bed

having sex, her breasts and nipples clearly visible.

TVNZ assessed the complaint under standard G12 of the Television Code of

Broadcasting Practice which requires broadcasters:

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

during their normally accepted viewing times.

Explaining the hours at which it was able to broadcast PGR rated material, TVNZ

responded:

The particular episode which you describe in your letter is seen in several very

short sequences which are interspersed by scenes of a volleyball game.

Clearly, their impact is somewhat lessened by this technique. In addition, they

were shown in semi-shadow. We consider that these scenes interspersed as

they were, did not mean that the film required a more restrictive certificate than

PGR.

When he referred his complaint to the Authority, Mr Cheer maintained that scene was

unacceptable at a time when children might be watching. Children, he argued, should

be protected from that sort of scene and, as a result of the broadcast, he was now more

cautious about what to allow his children to view when unsupervised.

In its report to the Authority, TVNZ argued that the complaint was overstated. It

disputed that the film showed "a woman's underpants being removed" or that

"breasts and nipples" were clearly visible. In his final comment, Mr Cheer said that

he did not have a tape of the film against which to check his initial complaint and was

concerned to ensure that the Authority watched the scene complained about before

reaching its decision.

The Authority records that the film Side Out was rated PGR and that the standard

allows material so rated to be broadcast between 9.00am and 4.00pm daily. The

classification for PGR reads:

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.

Having watched the film the Authority accepts that the sequence complained about

implied that a sexual act was taking place. However, because of the dark room in

which the activity took place, the actions were barely discernible. Because it was

unable to see the woman's pants being removed, and because the nipples and breasts

were barely distinguishable, the Authority concludes that it was a relatively innocuous

sequence. Given the film's PGR rating, it does not accept that TVNZ was not

mindful of the younger viewers in contravention of standard G12.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
31 October 1996
.

Appendix

Mr Cheer's Complaint to Television New Zealand Ltd - 18 August 1996

Morris Cheer of Wellington complained to Television New Zealand Ltd about the film

Side Out featuring beach volleyball screened on TV2 at 12 noon on Sunday 18 July.

Noting that the film contained a reasonably explicit sex scene, Mr Morris argued that

the broadcast of a PGR rated film as the midday movie on Sunday breached the

standards. It was a time, he added, when children could well watch television

unsupervised while parents were involved in work around the house or garden.

Mr Cheer also expressed concern about promos for PGR and AO films broadcast

during children's programmes.

TVNZ's Response to the Formal Complaint - 22 August 1996

Assessing the complaint under standard G12 of the Television Code of Broadcasting

Practice, TVNZ referred to Mr Cheer's observation that the film was rated PGR. It

added:

It was so classified as it was considered that it contained material more suitable

to adult audiences but not necessarily unsuitable for child viewers when subject

to the guidance of a parent or adult.

Pointing out that the standards accepted PGR material between 9.00am - 4.00pm,

TVNZ said that the impact of the scene complained about was lessened somewhat as

it was shown in short sequences, in semi-shadow, which were interspersed with

scenes from a volley ball game. As it considered that the PGR classification was

appropriate, TVNZ declined to uphold the complaint.

Mr Cheer's Referral to the Broadcasting Standards Authority - 29 August 1996

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

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

Repeating the point that children might watch television unsupervised at midday on a

Sunday, Mr Cheer said that if TVNZ showed such films at that time, it would mean

that he could not let his children watch television unsupervised at any time. He

concluded:

Children should be protected from this sort of scene. It certainly can't be

claimed to be in the best interests of children to introduce/expose them to sex

scenes beyond their maturity and understanding of the world.

TVNZ's Response to the Authority - 9 September 1996

In its report to the Authority, TVNZ considered that Mr Cheer's description of the

scenes which he found offensive was overstated. It could not see "the woman's

underpants being removed" and said that her "breasts and nipples" were not "clearly

visible".

Mr Cheer's Final Comment - 18 September 1996

In view of TVNZ's comments as to what precisely was contained in the sequence

complained about, Mr Cheer said that he had been unable to confirm what he had seen

and described in his initial letter of complaint. He asked whether the Authority would

view the film before reaching a decision. He concluded:

Just to put things in perspective for you. I have a 34 inch television and saw the

sequences complained of while cruising the channels during advertisements of

Olympic coverage (I think). Due to the presence of my children in the next

room I did not dwell on viewing the sequences but was satisfied that what I was

seeing was something my children should not be watching and something they

should be shielded from.