BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

A sequence in Who Dares Wins, broadcast on TV2 on 27 February 1997 at 7.30pm,

showed a Melbourne man responding to a dare to appear on stage with the male revue

troupe Manpower.

Ms McBride of Rotorua complained to Television New Zealand Ltd, the broadcaster,

that because the Manpower show was an adults-only revue, it was unacceptable to

show an excerpt during family viewing time. Furthermore, she believed that TVNZ

had failed to show that it was mindful of children, and had classified the programme

incorrectly.

In its response, TVNZ denied that the programme strayed beyond the bounds of good

taste and decency. It maintained that it was simply a good fun item which was devoid

of prurience or indecency. In TVNZ's view, the PGR classification was appropriate,

and it had been mindful of the effect of the programme on younger viewers.

Dissatisfied with TVNZ's decision, Ms McBride referred the complaint 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 (summarised in the Appendix). As is its practice, the Authority

determines the complaint without a formal hearing.

One of the participants in the Australian programme Who Dares Wins was dared to

perform with the all-male revue Manpower Australia. The programme, broadcast on

TV2 on 27 February 1997 at 7.30pm, included a segment which showed the man

preparing for, and performing, a routine in the show. In an exuberant dance sequence,

the man's g-string was dislodged, briefly revealing his genitals. Electronic masking

obscured the detail, but it was clear from his reaction what had occurred and that it

was not an intentional part of the routine.

Ms McBride complained that it was unacceptable to show an excerpt from an Adults

Only show at 7.30pm when children would be watching television and that making fun

of what she described as "a smutty and debasing situation" would not have a positive

effect on children. She also considered the footage was a breach of the requirement to

observe standards of good taste and decency, and that the sexist nature of the item was

distasteful and unseemly humour for children.

When it responded to the complaint, TVNZ referred to the standards nominated by

Ms McBride. Those standards 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.

G8   To abide by the classification codes and their appropriate time bands as

outlined in the agreed criteria for programme classifications.

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

during their normally accepted viewing times.

TVNZ referred first to Decision No: 1995-156 which dealt with a complaint about an

item featuring an incident which occurred when Manpower Australia visited New

Zealand. On that occasion, a member of the troupe revealed his buttocks. The

Authority stated that the glimpse of his buttocks was not a breach of the good taste

standard. TVNZ suggested that on this occasion, since electronic masking was used to

obscure any detail, the exposure was even less explicit and therefore there was no

breach of the good taste standard.

Turning to the classification, it asserted that in its view the programme contained

nothing which would require a more restrictive classification than PGR. It noted that

PGR was defined in the Television Code of Broadcasting Practice as:

PGR  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.

It accepted that the programme was more suited to adult audiences, but maintained

that it contained nothing which was unsuitable for supervised children.

Referring to standard G12, TVNZ noted that in Decision No: 1995-156 the Authority

had considered that by classifying the programme as PGR, TVNZ had been mindful of

the programme on younger viewers. Therefore, it argued, the standard was not

breached on this occasion and it declined to uphold the complaint.

The Authority turned first to Ms McBride's argument that the fact that it was

considered necessary to mask the man's genitals electronically was an

acknowledgment that the item breached the good taste standard, and was unsuitable

viewing for children. The Authority does not agree that is a logical conclusion, and

considers the electronic masking to be simply a precautionary measure. In the context

of the programme, which demonstrated the subject's high-spirited exuberance and

willingness to perform publicly with the group in exchange for a prize, it does not

consider the electronically obscured image to be a breach of the good taste standard.

Next it turns to the argument that the sequence was unsuitable viewing for children,

and that TVNZ had not been mindful of children when it classified the programme

PGR. The Authority considers that the incident, while possibly embarrassing to the

man, was not indecent or offensive to ordinary viewers, and informs the complainant

that the programme was classified PGR, thus signalling to parents that guidance was

recommended for their children. Accordingly the Authority declines to uphold any

aspect of 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
22 May 1997

Appendix

Ms Michelle McBride's Complaint to Television New Zealand Ltd -

28 February 1997

Ms McBride of Rotorua complained to Television New Zealand Ltd that the

broadcast of a segment of the programme Who Dares Wins on TV2 on 27 February

1997 at 7.30pm breached broadcasting standards.

The segment focused on a man who was dared to appear with the all-male revue group

Manpower Australia. In Ms McBride's view, because the show itself was

entertainment targeted at adults, it was inappropriate to broadcast the segment during

the 7.30 -8.00pm time slot. In her view, the programme was smutty and debasing and

would not have had a positive effect on children and she complained that standard

G12 was breached. She considered the slow motion shots were unacceptable for

children's viewing and that the programme was classified incorrectly, breaching

standard G8.

TVNZ's Response to the Formal Complaint - 11 March 1997

Before responding to the complaint, TVNZ referred to a previous decision (No: 1995-

156) in which the Authority had considered a complaint, from the same address, about

an item which featured Manpower Australia. In that decision, TVNZ advised, the

Authority specifically stated that a glimpse of a man's buttocks was not a breach of

good taste and decency. On this occasion, TVNZ noted that electronic masking had

been used.

TVNZ maintained that the item did not stray beyond the bounds of good taste and

decency, especially given the context of the item. It wrote:

It was simply a "good fun" item devoid of prurience or indecency, and based

on the age-old tendency of many human beings to enjoy laughing at the

embarrassment of others.

As far as the classification was concerned, TVNZ considered it was correctly

classified. It noted that material which was classified PGR was defined as:

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.

It considered the programme more suited to adult audiences, but saw nothing which

made it unsuitable for a child under adult guidance.

It referred again to Decision No: 1995-156 in which the Authority "...considered

TVNZ, had by virtue of classifying the programme PGR, been mindful of the effect of

the programme on younger viewers."

TVNZ declined to uphold the complaint.

Ms McBride's Referral to the Broadcasting Standards Authority - 17 March

1997

Dissatisfied with TVNZ's response, Ms McBride referred the complaint to the

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

She referred to a recent decision of the Authority regarding a Heartland programme in

which it had decided that smutty behaviour by male strippers was unacceptable in

programmes aimed at family audiences.

Ms McBride argued that the fact that a person was trying to mimic behaviour to the

point electronic masking was necessary was evidence that standards were breached in

this time slot.

She considered this type of behaviour should only be shown during Adults Only

hours of viewing and that there should be an adequate warning to viewers. She

concluded:

I also think many viewers would find the sexist nature of the item distasteful,

and unseemly humour for children.

TVNZ's Response to the Authority - 24 March 1997

In a brief letter TVNZ advised that it had nothing to add to its earlier response to Ms

McBride.