BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

An abridged interview with Madonna was screened on the Holmes programme on 5

April 1994 at about 6.50pm on TV One. The extracts were from a late night CBS

talkshow hosted by David Letterman and the profanities it contained were edited by

sound bleeps.

Mr Walker complained to Television New Zealand Ltd, the broadcaster, that the

interview was in breach of broadcasting standards because it promoted a person who

represented sex of an unsavoury nature and that though the profanities had been

edited, they appeared to remain the focus of the screening.

In response, TVNZ explained the newsworthiness of the interview in terms of

international media reaction and Madonna's fame and popularity. It disagreed that

there was a theme of unsavoury sexuality and declined to uphold the complaint that

the interview was in breach of broadcasting standards. Dissatisfied with that decision,

Mr Walker 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 declined 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.

Singer Madonna made liberal use of profanities when interviewed on a late night CBS

programme broadcast in the United States. Extracts from that interview were screened

on TVNZ's Holmes programme between 6.30–7.00pm on 5 April, with the

profanities replaced by audible "bleeps".

Mr Dennis Walker complained to TVNZ that the principal purpose of the broadcast

of the interview was only to show that the language used by Madonna was

unacceptable on television. Some of the comments which remained, he continued,

dealt with sex in an unsavoury manner. Maintaining that the broadcast did not

amount to a news item, Mr Walker objected to TVNZ's promotion of Madonna,

particularly on this occasion as she had been smoking a cigar.

TVNZ considered the complaint under standards G2 and G12 of the Television Code

of Broadcasting Practice. 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.

Pointing out that Madonna had set out to embarrass the talkshow host in an interview

which subsequently had been widely publicised, TVNZ referred to Madonna's status

as a superstar who was news in herself. It added:

This was an extraordinary occasion during which Madonna lapsed into

profanities in an interview which almost instantly became news around the

world. Newspapers, radio stations and news magazines all reported it.

TVNZ pointed out that the interview had been heavily edited to make it suitable for

an early evening audience and denied that the theme was unsavoury sex. Referring to

other public figures who were seen with cigars, TVNZ considered that the standards

had not been breached by showing Madonna with a cigar.

Expressing understanding that some people found Madonna distasteful and a poor

role model for the young, TVNZ maintained that, nevertheless, because of her fame

her activities qualified as news and it declined to uphold the complaint.

Mr Walker persisted with the substance of his complaint when he referred it to the

Authority and requested a comment on TVNZ's responsibility in broadcasting an

item which featured such a "distasteful" person.

The Authority agreed with TVNZ that the central issue raised by the complaint was

the issue of newsworthiness. Putting aside any judgment about what Madonna might

represent, the Authority concurred with the broadcaster that her actions during the

interview were newsworthy. It was of the view that the interview with Madonna, a

person of super-star status, was the epitome of the genre which combined information

and entertainment.

The Authority then proceeded to consider the specific standards raised in the

complaint. On the basis that the profanities were comprehensively "bleeped" and,

because of Madonna's movements, viewers could only surmise and children were

highly unlikely to guess what was actually being said, the Authority decided that

standards G2 or G12 had not been contravened.

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

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
1 September 199

Appendix

Mr Walker's Complaint to Television New Zealand Limited

In a letter dated 26 April 1994, Mr Dennis Walker of Havelock North complained to

Television New Zealand Ltd about the screening of an abridged interview with

Madonna on the Holmes programme on 5 April 1994 at about 6.50pm on TV One.

The extracts were from an interview with American talkshow host David Letterman in

which singer/actress Madonna lapsed into profanities on a live late night CBS

programme. Mr Walker's grounds for complaint included the points that though the

profanities were "bleeped over", the way in which she spoke remained unacceptable

and that this seemed to be the purpose of the screening.

He complained that the interview was not newsworthy and that it included no theme,

message or content apart from:

... the promotion of a person who is synonymous with sex of an unsavoury

nature.

He noted that the original interview transmission time in the United States was

11.30pm and suggested that screening the same interview at 7.00pm in New Zealand

was unsuitable. He also argued that the smoking of a cigar by Madonna would have a

bad influence upon younger viewers.

TVNZ's Response to the Formal Complaint

In a letter dated 1 June 1994 to Mr Walker, TVNZ reported that the complaint was

examined by its Complaints Committee in the context of standards G2 and G12 of the

Television Code of Broadcasting Practice.

TVNZ explained that the interview was:

... an extraordinary occasion ... which almost instantly became news around the

world. Newspapers, radio stations and news magazines all reported it.

It justified the screening of excerpts of the interview on Holmes on the grounds that

public curiosity and interest were already aroused by the publicity the interview

generated in other media.

TVNZ disagreed that the item was not newsworthy and stated that Madonna's

activities were automatically newsworthy because of the level of her fame and

popularity.

Madonna herself is news, and this sort of behaviour by any well-known

celebrity would qualify as news.

It also disagreed that there was a theme of unsavoury sex in the interview or that there

was any content that would adversely affect children. It argued that smoking a cigar

on screen was not offensive. TVNZ acknowledged that some people found Madonna

a distasteful person and a poor role model for the young.

However, it reported that it could find no breaches of broadcasting standards and

declined to uphold the complaint.

Mr Walker's Complaint to the Broadcasting Standards Authority

Dissatisfied with Television New Zealand's decision, in a letter dated 7 June 1994,

Mr Walker referred the complaint to the Broadcasting Standards Authority under

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

In his Complaint Referral Form dated 27 June, he reiterated the views included in his

original letter of complaint to TVNZ and, in addition, he suggested that TVNZ

promoted unsavoury sexuality by screening the interview with Madonna because:

Madonna is only news for what she is known for - unsavoury sexuality.

Madonna's fame is her portrayal of undesirable sexuality.

Mr Walker voiced his concern that children would enquire about the bleeps that

covered the profanities and maintained that TVNZ had a responsibility not to screen

anything with the potential to have a bad influence on the public.

TVNZ's Response to the Authority

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

letter is dated 30 June 1994 and TVNZ's response 11 July 1994.

TVNZ repeated its explanation of the newsworthiness of the interview mentioning the

repercussions of the event in the international media. It stated that the interview:

... was carefully edited, complete with sound bleeps, to make it acceptable for

broadcast in the 6.30 - 7.00pm time band which Holmes occupies.

TVNZ repeated its belief that neither standards G2 nor G12 had been breached by the

broadcast in question.

Mr Walker's Final Response to the Authority

When asked to comment briefly on TVNZ's response, Mr Walker in a letter dated 19

July 1994 requested that the Authority investigate and make comment on TVNZ's

decision to screen the interview with a person of such a distasteful nature and poor

role model. He emphasised that wide research had shown that adverse effects and

desensitisation were experienced when wrong or poor messages were given.

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