BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

An episode of Mr Wroe's Virgins showed one of the virgins reluctantly submitting to sexual

intercourse with Mr Wroe. The four-part series was based on the life of apocalyptic

preacher John Wroe who founded the Christian Israelite Church in England in 1828. The

episode complained about was broadcast at 10.15pm on Television One on Tuesday 29

March 1994.

Pastor and Mrs Jacobsen complained to Television New Zealand Ltd that the portrayal was

highly offensive. It contained full frontal female nudity and the graphic portrayal of

sexual intercourse which, they argued, was unnecessary to the story-line.

Arguing, that the specific virgin's (Joanna's) submission was an intensely pivotal point in

the series, and that the less than explicit scene was played late in the evening and preceded

by a warning, TVNZ declined to uphold the complaint. Dissatisfied with TVNZ's response,

Mr Jacobsen referred the complaint 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 has

determined the complaint without a formal hearing.

An episode of Mr Wroe's Virgins broadcast on Television One on 29 March at 10.15pm

was one of four parts which recounted the life of John Wroe, a preacher who founded the

Christian Israelite Church in 1828. This episode featured Joanna, one of the four female

characters in the series who told of her life with John Wroe and portrayed her intense

emotional trauma in submitting to his sexual demands.

Pastor and Mrs Jacobsen complained that the portrayal of full frontal female nudity and

sexual intercourse was in breach of broadcasting standards. They argued that such nudity

was not necessary to the story line and that the portrayal of explicit sexual activity was

not within the currently accepted norms of decency and good taste, was in breach of the

privacy of the individual and denigratory to women. Expressing their concern for the

future of the nation and its youth, they appealed to TVNZ to provide more wholesome

viewing.

Although Pastor and Mrs Jacobsen raised three standards in their formal complaint, TVNZ

assessed it against only one of the nominated standards, standard G2, which requires

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.

Although the other two standards raised were not considered by TVNZ, the Authority

commented on whether or not they were applicable in this case. Under s.4(1)(c) of the

Broadcasting Act 1989, the broadcaster has an obligation to maintain standards which

are consistent with the privacy of the individual. That section reads:

4(1) Every broadcaster is responsible for maintaining in its programmes and

their presentation, standards which are consistent with

..

(c) The privacy of the individual.

In determining complaints which allege a breach of privacy, the Authority applies the

privacy principles it identified in an Advisory Opinion released in June 1992. It noted that

none of these is applicable to this complaint because this was a dramatic work and the

actors were portraying a dramatised version of events. It then considered whether

standard G13 was breached by the broadcast. That standard requires broadcasters:

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.

It decided that standard G13 was not breached because the third exception applied since

this was a dramatic work.

Observing that the programme was played late in the evening and that it was preceded by

a specific warning that it contained scenes which some viewers might have found

offensive, TVNZ noted that the scene which was the subject of the complaint was a pivotal

one in the episode. Joanna, the spiritual leader of Mr Wroe's virgins, was chosen by Mr

Wroe to be the mother of the new Messiah and forced to submit to his sexual demands.

The scene focused on Joanna's response, dramatically illustrating her moral and emotional

struggle and emphasising the painful intensity of her dilemma. TVNZ acknowledged that

although the scene might have been disturbing it was an important one in portraying the

more sinister side of the sect founded by John Wroe. Taking into account the context of

the drama, the time of broadcast and the fact that it was preceded by a warning, TVNZ

declined to uphold the complaint that standard G2 was breached.

It added that it understood that the Jacobsens had genuine concerns about the scene and

regretted that they had been offended. However it did not believe that the scene would

have caused widespread offence.

The Authority agreed with TVNZ that the scene complained about was a pivotal one in the

drama and revealed much about Joanna and about John Wroe himself. All of Joanna's

beliefs were challenged by the confrontation with her spiritual leader and her dilemma

was poignantly portrayed. In determining whether the scene breached the standard of

good taste and decency, the Authority took into account a number of factors. It noted the

late hour of the broadcast (10.15pm), the fact that there was a specific warning advising

viewer discretion and in addition, viewer expectations of TV One's serious drama slot at

this late hour. The scene, though disturbing, was not salacious nor gratuitous and, in the

Authority's view, was appropriate in the context of the drama. Accordingly, it declined to

uphold the complaint that the episode was in breach of standard G2.

For the reasons set forth above, the Authority declines to uphold the

complaint that the episode of Mr Wroe's Virgins broadcast by Television

New Zealand Ltd on TV One on 29 March 1994 was in breach of standard

G2 of the Television Code of Broadcasting Practice.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
2 August 1994

Appendix

Mr & Mrs Jacobsen's Complaint to Television New Zealand Limited

In a letter dated 30 March 1994, Mr and Mrs Graham and Jenny Jacobsen of Putaruru

complained to Television New Zealand Ltd about the episode of Mr Wroe's Virgins

broadcast on Television One at 10.15pm on Tuesday 29 March.

They complained that full frontal female nudity and the graphic portrayal of sexual

intercourse was unnecessary and breached the standards relating to good taste and

decency, privacy and denigration of sections of the community.

TVNZ's Response to the Formal Complaint

TVNZ advised Mr and Mrs Jacobsen of its Complaints Committee's decision in a letter dated

14 April 1994. It reported that the complaint had been considered under standard G2 of

the Television Code which requires broadcasters to maintain standards of good taste and

decency in context.

It began:

... your complaint refers to the second episode in a four-part series which is based

on the life of John Wroe, an apocalyptic preacher who founded the Christian

Israelite Church near Manchester in 1828. Wroe set out to gather together what

he believed to be the lost tribes of Israel in readiness for the end of the world. From

his congregation he demanded seven virgins to serve in his household.

In the episodes of "John Wroe's Virgins" the four main female characters tell their

own versions of life with John Wroe.

TVNZ added that the programme was screened late in the evening - starting at 10.15pm -

and that it was preceded by a warning that viewers might find some scenes offensive.

Referring to the specific scene complained about, TVNZ said that it depicted Mr Wroe

choosing Joanna, the spiritual leader of the virgins, to be the mother of the new Messiah

and forcing himself upon her to fulfil his prophecy. TVNZ continued:

Joanna's submission is a pivotal point in what is an intense moral and emotional

struggle for her. She sees the act of procreation as some kind of glorious

punishment - the more pain endured on Earth, the greater the reward in Heaven.

The scene emphasises for viewers the painful intensity of Joanna's dilemma.

Although there is brief, shadowy nude scene, and a less than explicit sex scene the

focus is on Joanna's emotional response. Her fervent recitation of the Lord's Prayer

during the sex act is a dramatic illustration of the contrary pressures she was

facing. Her deepest feelings and fundamental convictions are at issue during the

scene.

Acknowledging that the portrayal might have been disturbing, TVNZ argued that it was

important to show the sect's more sinister side.

TVNZ maintained, taking the scene's context in account together with the point that it was

neither gratuitous nor titillating, that standard G2 had not been breached. It concluded:

The [Complaints] Committee does recognise your genuine concerns about this

matter, and regrets the offense you have been caused. However it does not believe

the scene referred to will have caused widespread distress among viewers.

Mr Jacobsen's Complaint to the Broadcasting Standards Authority

Dissatisfied with TVNZ's response, in a letter dated 22 April 1994 Mr Jacobsen referred the

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

Act 1989.

It was unacceptable for couples to share sex in public, he said, and it should not be allowed

on television, adding:

Today sexual activity is still expressed in privacy between the two involved.

He also expressed concern about declining standards of television programmes - "so much

sex, violence etc" - and sought a return to more wholesome viewing for society's sake.

In a Complaint Referral Form dated 5 June 1994, Mr Jacobsen disagreed with TVNZ that

it was necessary to show the nudity and sexual intercourse in order to capture the

meanings and implications of the storyline.

TVNZ's Response to the Authority

As it its practice, the Authority sought the broadcaster's response to the referral. Its letter

is dated 9 June 1994 and TVNZ's reply, 14 June.

Urging the Authority to look at the full episode in order to appreciate the context of the

scene complained about, TVNZ wrote:

We request that the Authority considers the context of the sequence, the hour of

the night at which the sequence was shown, and the fact that the programme was

preceded by a warning.

Mr Jacobsen's Final Comment to the Authority

When asked for a brief comment on TVNZ's reply, in a letter received on 27 June 1994 Mr

Jacobsen again expressed his concern about the general lowering of standards in television

programmes of which this broadcast was "another step lower". Moreover, he argued that

a warning could be a drawcard.

It was unacceptable, he concluded, for TVNZ to try to justify the broadcast of such a

programme.