BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Battle scenes from the American Civil War were re-enacted in an episode of the

children's programme Wishbone which was broadcast on TV One between 3.30 -

4.00pm on 17 December 1996.

Mr Fowlie complained to Television New Zealand Ltd, the broadcaster, that the

scenes were too graphic and too violent for young children to watch. Noting that this

episode was rated PGR, Mr Fowlie pointed out that previous and subsequent

episodes had had a G classification. In his view, parents were entitled to assume that

every episode in such a series was acceptable for young children, and he believed

TVNZ had shown a lack of judgment in broadcasting this particular episode.

Acknowledging that the episode contained a significant level of action, TVNZ argued

that the action was of a stereotyped nature and that children would have recognised it

as play acting. However, given that it had clearly identified the episode as PGR,

TVNZ maintained that it had satisfied its obligations under the Television Code of

Broadcasting Practice. Dissatisfied with that response, Mr Fowlie referred the

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

Act 1989.

For the reasons given below, a majority of 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.

"A Terrified Terrier" was the title of an episode of the children's series Wishbone

which was broadcast on 17 December 1996 at 3.30pm on TV One. The series

comprised 40 episodes, each of which was a self-contained story based on a well-

known fictional tale. The 17 December episode was loosely based on Stephen Crane's

The Red Badge of Courage, set during the American Civil War, and examined the

themes of loyalty and friendship.

Mr Fowlie complained that the content of the episode was unsuitable for the time it

was screened, pointing out that the programmes immediately preceding were targeted

at the very young. He found the scenes which focused on the American Civil War

objectionable because there were close-up shots of soldiers being wounded or killed,

and a scene where the small dog which is featured throughout the series was clubbed

heavily with a rifle butt.

In Mr Fowlie's view, such content would have been disturbing to young children,

particularly the scene where the dog was clubbed, and he considered its inclusion in

the programme to be indefensible. He noted that previous episodes of Wishbone had

been rated G, while this episode was rated PGR. He argued that it was unreasonable

to expect parents to check the television schedules every day to see if the

classification had been altered on a series that they already deemed acceptable.

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.

TVNZ argued that it had satisfied its obligation under the Television Code of

Broadcasting Practice because, by classifying the episode as PGR, it had signalled that

it contained scenes which were of a more graphic nature than others in the series and

that it should be watched by children only when under the guidance of an adult. It

suggested that the classification of this one episode as PGR demonstrated that an

effective system was in place.

TVNZ agreed that the Civil War battle scenes contained a significant level of action

but, it suggested, they were of a stereotyped nature and that children would generally

recognise them as play acting.

When Mr Fowlie referred the complaint to the Authority he rejected TVNZ's defence

that the violence was of a stereotyped nature, repeating that he was concerned that

young children were exposed to scenes such as the violent clubbing of the dog. He

also challenged TVNZ's contention that, by correctly classifying the episode as PGR,

it had fulfilled its statutory obligations. That, Mr Fowlie argued, was a minimalist

approach which would permit TVNZ to broadcast unsuitable material in children's

viewing time, so long as it was correctly classified. He suggested that the philosophy

behind standard G12 was the protection of children, and compliance with the standard

was satisfied by the broadcaster demonstrating that it had monitored the programme

and assessed its effect on young children.

A majority of the Authority concludes that because TVNZ correctly classified the

episode, it satisfied its obligation under standard G12. It believes that parents should

assume responsibility to ensure that broadcast programmes are suitable for the ages of

their children. In addition, the majority takes into account that the classification of the

episode as PGR demonstrated a conservative approach on TVNZ's part. The

majority recognises that the battle scenes and violence were an important part of the

story, which was based on a violent and divisive period in American history, but

considers that because those scenes were stylised, they were unobjectionable.

Furthermore, it notes, the story contained a strong message that the qualities of

comradeship and support were paramount. It declines to uphold the complaint.

A minority disagrees. It notes that Wishbone was broadcast regularly for a number of

weeks at 3.30pm, immediately following Chatterbox, Bananas in Pyjamas and

William's Wish Wellingtons – all of which were programmes aimed at the very young.

As Mr Fowlie observes, this is a time when many pre-school children are watching

television, and it is also a time when children come home from school. In the

minority's opinion, it is an accepted viewing time for children.

The previous episodes of Wishbone were rated G. The following episodes were also

rated G. TVNZ accepted that the action in the episode complained about justified a

PGR rating. In the minority's view, by placing a PGR programme in the middle of a

series which was normally rated G, TVNZ had not demonstrated that it was mindful

of the effect of the programme on children in their normally accepted viewing time.

Because of the time of the programme, and the target audience of the preceding

programmes, the minority considers the standard was breached.

For the reasons set forth above, a majority of the Authority declines to uphold

the complaint.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
17 April 1997

Appendix

John Fowlie's Complaint to Television New Zealand Limited - 18 December 1996

Mr Fowlie of Paeroa complained to Television New Zealand Ltd about the episode of

Wishbone which was broadcast on TV One on 17 December 1996 between 3.30 -

4.00pm. In his view, the content of the episode was inappropriate for the time it was

screened and breached standard G12 of the Television Code of Broadcasting Practice.

The programme, he wrote, was about the adventures of a small dog and the

introduction featured the dog in cute costumes to the sound of children singing the

programme title. In his view, that introduction was particularly appealing to young

children. Mr Fowlie also noted that the programmes immediately preceding Wishbone

were all aimed at the very young. He argued:

One could reasonably expect a large bulk of the earlier audience of preschool

children to carry on watching the programme under examination, as well as

those young children just returned from school. Indeed this programme was

broadcast at the time when it would reach the maximum audience for young

children.

To my utter astonishment I found a programme with content more reminiscent

of Civil War movies and mini-series reserved for adult viewing such as "Glory"

and "North and South".

The content which Mr Fowlie found objectionable was the American Civil War battle

scenes, in particular close up shots of numerous soldiers being shot and killed and

others being wounded. In a lull in the battle, the small dog attempted to restrain a

soldier by tugging at his trousers. The soldier was then seen to club the dog heavily

with his rifle butt (which in reality, he said, would have killed the dog).

In the final scene, Mr Fowlie noted, soldiers were seen being clubbed with rifle butts

and cut down by swords. He added:

The battle scenes are intense and graphic and as such are indistinguishable from

that of an adult drama. They have no place in children's viewing time.

The scene where the dog is clubbed I believe would be particularly disturbing

to young children. There is no educational or artistic merit in this scene

whatsoever, it is indefensible in a young children's programme.

Mr Fowlie considered that the introduction was such as to imply that the programme

was suitable for young viewers. He noted that previous and subsequent episodes had

carried a G rating, yet this episode was PGR. He thought it was unreasonable to

expect parents to check the television schedules every day to see if the rating had

altered on a series which they already deemed acceptable. He concluded:

There is a point when a broadcaster must assume some responsibility for

ensuring that programme content is closely comparable with what has been

broadcast previously under the same title, this is a critical consideration in

regard to children's programmes.

In conclusion for the reasons above TVNZ programmers showed lack of

judgment in selecting and broadcasting this episode for its children's viewing

time.

TVNZ's Response to the Formal Complaint - 6 January 1997

TVNZ explained that there were forty episodes of Wishbone. Each was a self-

contained story in which the small dog acted out a character from a well-known tale.

This particular episode was based on Stephen Crane's The Red Badge of Courage and,

according to TVNZ, its purpose was to draw a parallel between loyalty and

comradeship on the battlefield and the loyalty and comradeship which is required of

true friendship during adolescence. In its view, the target audience was clearly

younger teenagers.

TVNZ maintained that there was nothing in the programme which would require a

more restricted certificate than PGR. It emphasised that it took very seriously the

classification of material and that when a programme was classified PGR it meant that

should be watched by children only when under the guidance of adults. It wrote:

In this case a series that almost invariably receives a G certificate contained

this single episode that required PGR classification and it seems to us that the

system is working when a programme is so identified.

TVNZ acknowledged that in hindsight it might have been wise to simply drop the

episode, but that would have meant not being able to play it all "and the worthwhile

message delivered in the series would then be lost."

It agreed with Mr Fowlie that the battle scenes contained a significant level of action,

but suggested that the action was of a stereotyped nature and that children generally

would have recognised it as play acting.

TVNZ advised that it recognised Mr Fowlie's concern and that his complaint had led

to discussion within TVNZ about the placement of such material. However, it

concluded, given that the programme was clearly identified as PGR, TVNZ denied that

it was in breach of standard G12 and it declined to uphold the complaint.

Mr Fowlie's Referral to the Authority - 26 January 1997

Dissatisfied with TVNZ's response to his complaint, Mr Fowlie referred it to the

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

Mr Fowlie repeated that he believed the episode of Wishbone which was screened on

17 December 1996 was totally inappropriate for the 3.30 - 4.00pm timeslot. He

pointed out that it was preceded by programmes aimed at the very young and

suggested that many pre-school children would be watching, in addition to children

who had just arrived home from school. Indeed, he wrote, the programme would reach

the maximum audience for young children.

Mr Fowlie complained that the content of the programme was entirely unsuitable for

children, especially the battle scenes of the American Civil War. He described the

battle scenes as intense and graphic and in his view, they should not have been

included in a children's programme.

Mr Fowlie expressed his disappointment at TVNZ's dismissal of his complaint. In

particular he was concerned that TVNZ appeared to believe that because the violence

depicted was stereotypical, it was therefore acceptable. He did not agree that children

would see the scenes as "play acting". He commented:

The excuse that it is all pretend is as shallow as it gets. TVNZ itself on regular

occasions, as admitted in their reply, makes "necessary excisions" of

programmes some no doubt featuring fictional "play acting" which to TVNZ is

too graphically realistic for even adults to accept even though they are aware it

is pretend. It seems inconsistent to claim that children have a greater immunity

to violent fictional portrayals than that which TVNZ credits to adults.

To TVNZ's second defence - that as the programme was rated PGR, its responsibility

ended at giving the correct classification and broadcasting within the correct time bands

for that classification - Mr Fowlie argued that was a minimalist approach which

permitted all manner of material to be broadcast in the time period. He commented:

Indeed to accept the TVNZ view allows for interesting combinations of

programmes. eg 3.00pm "Thomas the Tank Engine" (G), 3.15pm "A Visual

History of Nazi Atrocities" (PGR), 3.45pm "The Smurfs" (G). This example

may be extreme, but it is an acceptable schedule to be broadcast as it would not

breach G12 according to TVNZ's logic.

Mr Fowlie dismissed TVNZ's contention that "G12 must be read in the context of the

certification attached to the programme". He maintained that the opposite was true

and that standard G12 acted to moderate the extremely wide PGR classification band

in the interests of children at their viewing time. He argued that not all PGR

programmes were equal, giving as examples Friends (containing rather unsubtle sexual

innuendo), Chef (containing unchallenged racial slurs) and World at War (containing

footage of actual executions and suicide victims). Such content, he continued, had no

place in the viewing repertoire of young children. He concluded:

It is thus my contention that during young children's "normally accepted

viewing times" (which appears generally to be from 3 pm onward) the

broadcaster is required to apply an even higher standard of care in the choice of

programme, in particular monitoring content for its effect on young children,

than it would at other times of the day. This is more in line with the spirit of

this particular standard, that being the protection of children.

TVNZ's Response to the Broadcasting Standards Authority - 10 February 1997

In a brief letter TVNZ advised that it had little further to add. It repeated that the

programme presented a moral message to children within a stereotypical formula with

which young people were familiar.

Its PGR certification was clearly indicated, and that reflected TVNZ's view that the

programme was best viewed by children in the company of an adult.

Mr Fowlie's Final Comment - 24 February 1997

Mr Fowlie noted that TVNZ did not mention that the programme contained violence,

and further, that it did not describe it as entertainment either. In his view,

entertainment was a paramount consideration to children, and the moral and

educational messages were incidental to the enjoyment of watching. He suggested:

It is much harder for TVNZ to justify the use of excessive violence and cruelty

presented to children as entertainment. That is why they hide behind the

sacrosanct excuse of giving a moral lesson, regardless of how overwhelmed that

moral lesson may be by accompanying detrimental representations of violence

and cruelty.

Mr Fowlie agreed with TVNZ's conclusion that it might have been better to have

dropped the episode from the series. He contended that it would be better for children

if TVNZ stopped trying to push violence as suitable entertainment for children, by

claiming such programmes contained moral or educational messages.