BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

Roger Hall's play "C'mon Black" was broadcast by National Radio on Sunday

afternoon, 17 August 1997. Towards the end, the one-man narrator, a dairy farmer,

states "and George said fuck too".

Mr Sorrell complained to Radio New Zealand Ltd, the broadcaster, that the phrase

breached the condition requiring good taste and decency. He stated that he had heard

the phrase as soon as he switched on his car radio while out with his family.

Emphasising the context in which the phrase had been used in the play, RNZ

maintained that it did not breach the nominated standard.

Dissatisfied with RNZ's ruling, Mr Sorrell referred his 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 listened to a tape of the item, and have read the

correspondence (summarised in the appendix). On this occasion, the Authority

determines the complaint without a formal hearing.

The play "C'mon Black" was broadcast by National Radio on Sunday afternoon.

Towards the end, the one-man narrator stated "and George said fuck too".

Reporting that these words were the first words he heard when he turned on his car

radio while out with his family, Mr Sorrell said the language was offensive and

breached the good taste standard in the Radio Code of Broadcasting Practice.

RNZ assessed the complaint under standard R2 of the Code. It requires broadcasters:

R2   To take into consideration currently accepted norms of decency and good

taste in language and behaviour, bearing in mind the context in which any

language or behaviour occurs.

Noting that the Authority regards context as a significant factor when assessing

standard R2 complaints, RNZ pointed to the context in the play where the line

complained about occurred. It also explained that the play "C'mon Black" involved a

single character who was a dairy farmer, and who did not display refinements in

language and feeling. The expression had been used at a point of some excitement in

the play, and RNZ argued, the language used would not distress a serious radio

audience.

When he referred his complaint to the Authority, Mr Sorrell explained that he could

go to the theatre if he wanted to hear an uncensored version of the play. He did not

expect the "gutter" language used when he had turned on his car radio in the mid-

afternoon. In response, RNZ maintained that every broadcast could not be assessed

on the basis of every possible entry point. In context, it did not accept that standard

R2 was contravened.

In his final comment to the Authority, Mr Sorrell asked why RNZ had not assessed

the complaint under standard R6, which was an issue he had raised in his original

complaint. Standard R6 requires broadcasters:

R6   To respect the principles of law which sustain our society.

Dealing first with this latter point, the Authority accepts RNZ's argument that Mr

Sorrell did not allege a breach of this standard in his original complaint. Moreover, it

does not accept that the comment involved a transgression of this standard.

Turning to the standard R2 complaint, the Authority has frequently confirmed that

the context in which the language or behaviour considered to be offensive occurs, is

central to its decision on whether the standard was contravened. In the current

situation, having listened to the broadcast in full, it does not uphold the complaint that

standard R2 was breached. At the same time, it notes that the language complained

about occurred immediately after Mr Sorrell turned on the radio and he did not have

the opportunity to assess the whole play which was being broadcast. Nevertheless,

the Authority does not consider that a broadcaster must ensure that every part of a

broadcast, when taken out of its context, does not breach the standards.

On this occasion, the Authority is of the opinion that the full programme needs to be

considered in its determination of the complaint. On that basis, it does not accept that

standard R2 was breached.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
15 December 1997

Appendix

Mr Sorrell's Complaint to Radio New Zealand Ltd - 18 August 1997

Chris Sorrell of Darfield complained to Radio New Zealand Ltd about a remark he had

heard on National Radio at about 2.50pm on Sunday 17 August. He had turned on his

radio while driving to hear "and George said fuck too".

Referring to earlier complaints he had made, Mr Sorrell said such language was

offensive and in breach of the good taste standard in the Radio Code.

RNZ's Response to the Formal Complaint - 10 October 1997

Assessing the complaint under standard R2 of the Radio Code, RNZ stated that the

complaint referred to part of the broadcast of Roger Hall's single character play,

"C'mon Black".

RNZ noted that the Authority had regarded context as a significant factor when

dealing with standard R2 complaints. Taking into account that the play's narrator

was a dairy farmer who obviously was not used to refinements in language and feeling,

and referring to the excitement of the moment within the play, RNZ did not accept

that the language used would distress a serious radio audience.

RNZ declined to uphold the complaint.

Mr Sorrell's Referral to the Broadcasting Standards Authority - 21 October

1997

Dissatisfied with RNZ's decision, Mr Sorrell referred his complaint to the

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

Indicating his concern that the language complained about should be broadcast on radio

during the afternoon, Mr Sorrell said he could go to see the play in the theatre if he

wanted to hear an uncensored version. However, it was broadcast with no

consideration given to who might be listening.

Mr Sorrell said radio, unlike television, was a casual form of entertainment and what

right he asked, had RNZ to introduce offensive language. RNZ, he concluded,

deserved to be censured severely.

RNZ's Response to the Authority - 28 October 1997

RNZ considered the issue raised by the complaint to be fairly straightforward.

Emphasising the context in which the phrase was used, RNZ said it did not accept

that every broadcast could be assessed on the basis of any possible late entry point.

RNZ also said that the complaint had been considered under standard R2 only, as

although Mr Sorrell had mentioned standard R6, he had not alleged a breach of it.

Mr Sorrell's Final Comment - 3 November 1997

Mr Sorrell observed that the play had been rebroadcast at 9.05pm on 27 October, but

as he had heard a warning about coarse language, he had been able to switch the radio

off. He asked that the Authority take the rebroadcast into account, given that a formal

complaint was unresolved at this stage.

Describing RNZ's response as both presumptuous and arrogant, he argued that it

could not hide behind the contextual argument. "Gutter language" he wrote might be

appropriate in some sections of society, but RNZ should not attempt to normalise its

use.