BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

The island of Mauritius was the tourist destination explored in an item on Air New

Zealand Holiday, broadcast on TV One at 6.30pm on 19 July 1997. The presenter

visited places of interest which included the market place at the port of St Louis,

where she found a stall holder selling aphrodisiacs.

Mrs Heijboer Campbell complained to the broadcaster, Television New Zealand

Limited, that she considered it unsuitable to refer to aphrodisiacs on the programme,

since she claimed these were made from insects and endangered animals. She was also

critical of the reference to mixing drinking water with the aphrodisiacs, since the

drinking of water from the local market place was likely to be highly dangerous.

When describing a foreign tourist destination, TVNZ said, it was important to

highlight that which was different from home. It considered that the remarks about

the stall selling aphrodisiacs were suitable in the context and did not promote their

use. It declined to uphold the complaint.

Dissatisfied with TVNZ's response Mrs Heijboer Campbell 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.

The island of Mauritius was featured during Air New Zealand Holiday, broadcast at

6.30pm on 19 July 1997. The item included a visit to the marketplace in St Louis

where the presenter (Australian comedienne Colette Mann) spoke to a stall holder

who claimed he was selling aphrodisiacs which, he said, were taken when mixed with

water. Mrs Heijboer Campbell complained that it was irresponsible to refer to

aphrodisiacs as they were made from endangered animal species. It was also "highly

dangerous" to suggest drinking the water in the markets.

Following a telephone conversation with Mrs Heijboer Campbell to clarify her

concerns, TVNZ assessed the complaint under standards G1, G6 and G13 of the

Television Code of Broadcasting Practice. They require broadcasters:

G1   To be truthful and accurate on points of fact.

G6   To show balance, impartiality and fairness in dealing with political

matters, current affairs and all questions of a controversial nature.

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 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.

TVNZ explained that the intention of a travel programme was to show interesting

sites and, in this case, the market was one of a number of such places shown. The

item did not "advertise" aphrodisiacs as the complainant claimed, TVNZ continued, as

the presenter made clear her intention not to buy them. TVNZ said the item was not

inaccurate or unbalanced. There was nothing in the item which appeared to breach

standard G13 and, it added, the reference to churches during its telephone call with

Mrs Heijboer Campbell did not help in deciding in which way the item allegedly

breached the standard.

Expressing difficulty in understanding what had caused concern, TVNZ declined to

uphold the complaint.

In response, Mrs Heijboer Campbell advised TVNZ that she found the references to

the Hindu temple to be demeaning to Hindus and their religion. The presenter had

spoken of a "Holy Horse" or "Holy Tiger", rather than of a "Holy Cow", which was

the animal which was revered by Hindus.

In its report to the Authority, TVNZ argued that the reference to the "Holy Cow"

should not be considered by the Authority as it was raised after the complaint had

been determined. Nevertheless, TVNZ added, it did not consider the standard had

been transgressed.

In her final comment, Mrs Heijboer Campbell stated that the reference to aphrodisiacs

was gratuitous. The reference to the "Holy Horse", she added, was not only

incorrect, but disrespectful to the Hindu religion. She considered that the programme

had been screened in the interest of increased ratings, and at the expense of standards.

In view of the light-hearted approach adopted during the item, the Authority is of the

opinion that the complaint borders on the trivial. It is unable to see any aspect of the

item which threatens the nominated standards in any way.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
20 November 1997

Appendix

Mrs Heijboer Campbell's Complaint to Television New Zealand Ltd - 8 August 1997

Joyce Heijboer Campbell of Auckland complained to the broadcaster, Television New

Zealand Ltd, that the programme Air New Zealand Holiday, broadcast on TV One at

6.30pm on 19 July 1997, contained information which was unsuitable for broadcast.

She referred to the presenter's visit to the market place at St Louis, Mauritius, where

she visited a stall selling aphrodisiacs. The man selling the products talked about

mixing the substance with water and drinking it. First, Mrs Heijboer Campbell

considered that a reference to drinking water at market stalls was unsuitable since it

was dangerous, and secondly, since aphrodisiacs were made from endangered insects

and animals it was unsuitable to mention them or promote them on the programme.

TVNZ's Response to the Complaint - 11 September 1997

Following a telephone conversation with Mrs Heijboer Campbell, TVNZ assessed her

complaint under standards G1, G6, and G13 of the Television Code of Broadcasting

Practice.

Before considering the complaint, TVNZ described the presentation style of the

programme and wrote:

It seems to us that anybody describing a foreign tourist destination should

highlight that which is different from home, and is likely to attract interest.

Clearly in our view, a stall selling aphrodisiacs is something not to be found in

Queen Street.

We do not see the item as advertising aphrodisiacs in any way. You will have

noticed that Colette Mann introduced the subject by saying that here was

something you would not want to buy, and, having heard the stall holder's

pitch, she turned away without purchasing.

While accepting the concern that the product was made from endangered wildlife,

TVNZ advised that the sale of the products was a reality and, by including that

information on Air New Zealand Holiday, simply told the viewer about it.

Declining to uphold the complaint, TVNZ stated:

The matter of taking aphrodisiacs with water was shown as the view of the

stall holder, not carrying any more credibility than his promise that the

product would transport Ms Mann to paradise. It was simply seen as his

opinion. As described above, she turned away without buying.

Additional Correspondence - Mrs Heijboer Campbell's letter to TVNZ - 15

September 1997

Mrs Heijboer-Campbell advised that her complaint with respect to a breach of

standard G13 of the Television Code was not in respect of the portrayal of religious

structures, but to Ms Mann's reference to the "Holy Horse" or "Holy Tiger" upon

entering a Hindu Temple. She advised that this statement was not only incorrect but

also demeaning to the Hindus and their religion. She advised that it was in fact the

Holy Cow which was revered in that religion.

She also commented that depicting the aphrodisiacs on the programme made her

wonder whether anyone in Australia or New Zealand was concerned with the

protection of wildlife and animal rights.

Mrs Heijboer-Campbell's Referral to the Broadcasting Standards Authority Ð

29 September 1997

Dissatisfied with TVNZ's response, Mrs Heijboer-Campbell referred her complaint

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

1989.

TVNZ's Comments to the Authority - 6 October 1997

TVNZ recorded that it had received the letter of 15 September from Mrs Heijboer-

Campbell in which she referred to a complaint about references to "Holy Horse" and

"Holy Tiger". TVNZ advised that this letter had been received following its letter in

response to her original complaint and should not be considered by the Authority. It

maintained however that the material mentioned was not in its view in breach of any

broadcasting standards.

TVNZ stated that it had nothing further to add on the complaint.

Mrs Heijboer Campbell's Final Comment - 17 October 1997

Mrs Heijboer-Campbell stressed that references to the "Holy Horse" and the

aphrodisiacs on the programme were, in her view, gratuitous and used to achieve

heightened impact. She stated:

I fully understand the programme in question is a tourist information

programme. However, this does not mean this type of programme should

relay and encourage the negative aspects of a country.

With regard to the show being an information programme, the broadcaster

should ensure the information relayed is accurate. Reference to the Hindu

horse was not only incorrect, but greatly disrespectful to the Hindu religion