BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

Johnston and TV3 Network Services Ltd - 1997-092

Members
  • S R Maling (Chair)
  • A Martin
  • L M Loates
  • R McLeod
Dated
Complainant
  • Robita Johnston
Number
1997-092
Channel/Station
TV3


Summary

Promos for the forthcoming programmes Third Rock from the Sun and It's a Man's

World were shown during Home Improvement on TV3 between 7.00–7.30pm on 10

March 1997.

Ms Johnston complained to TV3 Network Services Ltd that a shot in the promo

which showed a woman suggestively undoing her blouse was inappropriately screened

during family viewing time.

As the brief shot did not contain any nudity, TV3 maintained that it was not

inappropriate for a G audience. It declined to uphold the complaint.

Dissatisfied with TV3's response, Ms Johnston referred her 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). In this instance, the Authority

determines the complaint without a formal hearing.

Home Improvement, a G classified programme, was broadcast on TV3 between

7.00–7.30pm on 10 March 1997. It was followed at 7.30pm by Third Rock from the Sun,

and at 8.00pm by It's a Man's World. A promo which trailered both of these

programmes was broadcast by TV3 on two occasions between 7.00–7.30pm.

Ms Johnston complained to TV3 that the promo screened was inappropriate because

it showed a woman removing her blouse for the attention of the man present. She

maintained that it breached standards G2, G12 and G13 of the Television Code of

Broadcasting Practice.

TV3 assessed the complaint under the nominated standards. They 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.

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

their normally accepted viewing times.

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.


Pointing out that the promo did not contain any nudity and that the bodysuit of the

woman who undid her blouse was seen for less than a second, TV3 declined to uphold

the complaint under standards G2 and G12. Further, as the scene was unlikely to

encourage discrimination against women, it did not uphold the standard G13 aspect.

When she referred her complaint to the Authority, Ms Johnston maintained that the

standards were contravened in view of the promo's sexual implication. Moreover, she

wrote, the promo encouraged attitudes and awareness which did not conform with the

innocence of viewers in family viewing time.

Having viewed the promo complained about, the Authority is not of a mind to uphold

the complaint. The sequence during which the blouse was undone was brief and

contained no nudity. While it accepted that the promo included an element of sexual

suggestiveness, the Authority considers that it was stereotypical suggestiveness

reminiscent, for example, of the 1950s.

In view of this finding, the Authority concludes that the broadcast neither breached

the standard of good taste and decency, nor did it encourage discrimination. Further, it

is of the opinion that the broadcaster was mindful of the audience as required by

standard G12. Accordingly, the Authority decides, the standards were not

contravened.

 

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


Signed for and on behalf of the Authority

 

Sam Maling
Chairperson
17 July 1997

Appendix


Ms Johnston's Complaint to TV3 Network Services Ltd - 14 March 1997

Robita Johnston of Tauranga complained to TV3 Network Services Ltd about promos

for Third Rock from the Sun and It's a Man's World which were broadcast at about

7.00pm on 10 March during Home Improvement.

Pointing out that Home Improvement is rated G, Ms Johnston said that the promos

(which were screened at least twice between 7.00 - 7.30pm) showed a woman

removing her blouse for the attention of the male present.

Ms Johnston said that the item breached standards G2, G12 and G13 of the

Television Code of Broadcasting Practice and, noting that her four children were

present, expressed particular concern about the need to protect children.

TV3's Response to the Formal Complaint - 18 April 1997

TV3 assessed the promos for Third Rock from the Sun and It's a Man's World under

the nominated standards.

With regard to standard G2, TV3 maintained that the promos did not contain any

nudity or anything else which was inappropriate for a G audience. The woman undid

her blouse and her bodysuit was seen for less than a second. As the item was suitable

for a G audience, TV3 did not believe that standard G12 was contravened. Turning to

standard G13, TV3 considered that the scene in the promo was unlikely to encourage

discrimination against women. It declined to uphold the complaint.

Ms Johnston's Referral to the Broadcasting Standards Authority - Received 5

May 1997

Dissatisfied with TV3's decision, Ms Johnston referred her complaint to the

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

She maintained that the item breached standard G12 in view of the sexual implication

in the way the blouse was undone. It was inappropriate for children in view of the

implicit message and, Ms Johnston wrote, it was discriminatory as it did not uphold

the innocence of viewers in family time. Ms Johnston concluded:

I understand that the promo is not meant to be a blueprint for behaviour.

However, your choice to display attitudes and awareness that our children will

come to soon enough is not to be encouraged.

TV3's Response to the Authority - 22 May 1997

TV3 advised that it did not wish to comment further.