BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

The song "Strength to Love" by Maree Sheehan was included in the programme

Squeeze, which features New Zealand music videos, broadcast on TV2 at 3.25pm on

22 March 1998.

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

sexual theme of the song, and the scenes of undressing, cross dressing, bridal night sex,

gay and lesbian sex, teenage sex, and semi-naked adults were inappropriate for

screening on a family channel at such a time.

TVNZ responded that music videos were clearly aimed at a youth audience, and it did

not consider there was anything prurient in the video which caused it to stray beyond

currently accepted norms of decency and good taste. As for causing harm to children,

TVNZ suggested that younger children would have been too young to know what was

happening, and as for older children, what was implied simply suggested what they

probably already knew. It declined to uphold the complaint.

Dissatisfied with TVNZ's decision, Mr Malatios 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 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). On this occasion, the Authority

determines the complaint without a formal hearing.

The programme Squeeze, which features New Zealand music videos, is broadcast by

TVNZ on TV2 on Sunday afternoons. On 22 March 1998, at about 3.25pm, the song

"Strength to Love" by Maree Sheehan, was broadcast. Intercut with pictures of the

artist singing were a series of brief images comprising a variety of people who had

inhabited a hotel room, including the hotel staff who came in to change the beds.

Mr Malatios complained to TVNZ that the sexual theme of the video, which he

described as including scenes of undressing, bridal night sex, gay and lesbian sex,

teenage sex, and semi naked adults, was inappropriate for screening during times when

families were watching television. As a parent, Mr Malatios said he was stunned that

TVNZ deemed it appropriate to screen the material at that time. He sought advice on

its policy regarding screening times and asked its opinion on a suitable time for

children to watch the channel.

When it dealt with the complaint, TVNZ advised that it assessed it under standards

G2 and G12 of the Television Code of Broadcasting Practice, which 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 hours.

First, TVNZ noted that Squeeze was a programme devoted entirely to New Zealand

music videos and described it as a genuine attempt to lift the profile of local music.

The song "Strength to Love" was, it advised, well known on the New Zealand popular

music scene.

TVNZ argued that the scenes to which Mr Malatios referred were in fact a lot less

explicit than his letter suggested. It noted that the shots were very brief, and only

hinted at sexual activity. Placing music videos in context, TVNZ pointed out that

they were aimed at the youth culture. It did not consider, it wrote, that there was

anything prurient or smutty about the video, or that it strayed beyond currently

accepted norms of decency and taste given the youth audience context.

In considering standard G12, TVNZ submitted that the imagery in the video was so

inexplicit that it would not have harmed an innocent young child. As for older

children, who were probably already aware of such things, TVNZ suggested that the

inexplicit scenes related to what they probably already knew – that sexual activity

sometimes occurred in hotel rooms.

TVNZ declined to uphold the complaint.

The Authority considers the complaint first under standard G2, which requires

broadcasters to observe currently accepted norms of decency and good taste. It

acknowledges that the images were fleeting, and that the sexual activity was implied

rather than spelled out. However, it considers the imagery nevertheless tested the

limit of what is acceptable, in spite of the the contextual considerations, which

included the target audience, and the PGR afternoon time slot. On balance, it finds

that the standard was not transgressed.

Next it turns to the complaint under standard G12. That standard requires the

broadcaster to demonstrate that it was mindful of children. The Authority notes that

the programme was rated PGR, which is defined as:

Programmes containing material more suited to adult audiences but not

necessarily unsuitable for child viewers when subject to the guidance of a

parent or adult.

In the Authority's view, TVNZ correctly classified the programme as one which was

not necessarily suitable for child viewers. Programme classification information is

provided for viewers, who are then able to make their own decisions about whether

they or children under their guidance will watch a particular programme. While, as

noted above, the Authority considers the programme content to be at the limits of

acceptability, the programme was classified to alert parents to the fact that it might

not be suitable for children whose viewing is unsupervised. The Authority declines to

uphold this aspect of the complaint.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
9 July 1998

Appendix

Lawrie Malatios's Complaint to Television New Zealand Ltd – 24 March 1998

Mr Malatios of Auckland complained to Television New Zealand Ltd about a music

video included in the programme Squeeze broadcast on TV 2 on 22 March 1998 at

3.25pm.

He wrote:

The video had a completely sexual theme and included scenes of undressing,

cross dressing, bridal night sex, gay and lesbian sex, teenage sex and semi naked

adults.

He said that as a parent, he was stunned that a family channel deemed it appropriate

to screen such material at such a time. He was even more offended, he wrote, to see it

promoted as an example of NZ On Air funding.

Mr Malatios asked to be advised of the channel's policy regarding when was a

suitable screening time for the programme, and when was a suitable time for children

to watch the channel.

TVNZ's Response to the Formal Complaint – 21 April 1998

TVNZ advised that it considered the complaint under standards G2 and G12 of the

Television Code of Broadcasting Practice.

By way of introduction, it noted that Squeeze was a programme devoted to New

Zealand music videos. It was played first on Wednesday nights and repeated on

MTV on Saturday afternoon, and on TV 2 on Sunday afternoon. The programme was

an attempt by TVNZ to raise the profile of New Zealand music, it wrote.

The song complained about was entitled "Strength to Love" by Maree Sheehan, who

was well known on the New Zealand popular music scene. TVNZ reported that the

video showed, intercut with pictures of the artist singing, a sequence of images from a

hotel room. It recognised the scenes he referred to, but pointed out that the shots

were very brief and only hinted at sexual activity.

TVNZ emphasised that music videos were clearly aimed at a youth audience, and

noted that there was an element of rebelliousness about youth which found expression

in their music. It cautioned that those of older generations had to be careful to reflect

what today's youth wanted to hear and see.

TVNZ did not think there was anything prurient or smutty about the video, and did

not consider it strayed beyond currently accepted norms of decency and good taste.

In considering standard G12, TVNZ wrote:

...we wondered what in the imagery could cause harm to an innocent child. To

those too young to know what was being implied in some of the hotel scenes,

the pictures surely would mean very little? To older children aware of such

things, the inexplicit sexual scenes simply suggested what they already know,

that is that sexual activity sometimes occurs in hotel rooms. On balance, we

felt that G12 was not endangered.

TVNZ noted Mr Malatios's concern that his licence fee was used to make the video.

It said it was not a matter it could comment on, as the funding decisions were made by

NZ On Air. The video was not made specifically for TVNZ.

Mr Malatios's Referral to the Broadcasting Standards Authority – 24 April

1998

Dissatisfied with TVNZ's decision on the complaint, Mr Malatios referred it to the

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

He did not elaborate on the reasons for his dissatisfaction.

TVNZ's Response to the Authority – 5 May 1998

TVNZ advised that it had no further comment to make.