BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A trailer for the series Market Forces broadcast on TV One just before 7.00 am on 25

March 1998 included the words "wanker" and "dickhead".

Mr Lord complained to Television New Zealand Limited, the broadcaster, that the

words were entirely unsuitable for an audience of children in the G time-band. The

use of the material, he wrote, showed a deliberate decision to shock and titillate, and

was carelessly unmindful of child viewers. That time was a prime viewing time for

children, with many cartoons screened, he noted, and many children would have been

exposed to the trailer. The words were not common currency in front of children, he

wrote.

In its response, TVNZ acknowledged that the word "wanker" was offensive. It

agreed that it was unsuitable language and that its broadcast represented a breach of

some standards. TVNZ apologised for the offence caused. It declined to uphold the

complaint about the word "dickhead".

Dissatisfied with TVNZ's response in not upholding the complaint about the word

"dickhead", Mr Lord referred it 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 a tape of the item complained about, and

have read the correspondence (which is summarised in the Appendix). On this

occasion, the Authority determines the complaint without a formal hearing.

A trailer for Market Forces included the words "wanker" and "dickhead". The trailer

was shown on TV One on 25 March just before 7.00 am. It was shown between the

programmes Telstra Business and Breakfast, both programmes produced by TVNZ's

news and current affairs division.

Mr Lord of Christchurch complained to Television New Zealand Limited, the

broadcaster, that the words were unsuitable for children in the G time-band. He

emphasised that 7.00 am was a prime viewing time for children. Many parents, he

continued, switched over to TV One to view the morning news and therefore the

trailer would have been seen and heard by many young children. The material in the

trailer, he felt, had been deliberately chosen by TV One to shock and titillate,

carelessly unmindful of its effect.

TVNZ assessed the complaint under standards G2, G8, G12, G22 and G24, being

those nominated by the complainant. The first three 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.

G8    To abide by the classification codes and their appropriate time bands as

outlined in the agreed criteria for programme classifications.

G12    To be mindful of the effect any programme may have on children

during their normally accepted viewing times.

The other two standards provide:

G22    Promotions (promos) for AO programmes may be screened during

PGR or G time bands provided the promo is made in such a way that it

can be classified as PGR or G, as appropriate. Promotions which carry

an AO classification may only be screened within AO times bands.

G24    Broadcasters must be mindful that scenes containing incidents of

violence or other explicit material may be acceptable when seen in the

total context of a programme, but when extracted for promotion

purposes such incidents will be seen out of context and may thereby be

unacceptable, not only in terms of the codes but also for the time band

during which the trailer is placed.

In its response to Mr Lord, TVNZ noted the trailer was placed between news and

current affairs programmes, and submitted that it would be reasonable to assume that

its audience would be mature people with an interest in such events. However, it

acknowledged, the trailer was broadcast during G time and was required to comply

with G guidelines.

Referring to research done for the Broadcasting Standards Authority [in 1993] which

found that more than 20 per cent of New Zealanders found the word "wanker" very

offensive, TVNZ upheld the use of that word in the trailer in G time as a breach of

standards G2, G8, G12 and G22. It declined to uphold the complaint under standard

G24 as, TVNZ contended, it was not relevant in the context.

Apologising for the offence caused by the use of the word, TVNZ accepted that it

was an error of judgement to use it, and it advised that steps were being taken within

its departments to ensure that future trailers did not include unsuitable material.

In reference to the word "dickhead", TVNZ stressed that the word did not appear on

the Authority's research list of offensive words but was found "well down on a

corresponding survey of British viewers".

When he referred the complaint to the Authority, Mr Lord expressed dissatisfaction

with TVNZ's reluctance to classify the word "dickhead" as unsuitable to broadcast in

a G time-band. He also questioned TVNZ's reference to the British survey. If the

broadcaster did not know how offensive the word was to New Zealanders, he wrote,

then they had no right to inflict it upon their viewers. Responding, TVNZ disagreed

that the same level of offensiveness was attached to "dickhead" as to the word

"wanker". In the 1991 British study to which it had referred, TVNZ continued, 24

other words were considered more offensive than "dickhead".

In a final comment, Mr Lord reiterated that the word was an offensive crudity to

many people. If the expression was used as common parlance to children, he

continued, many more would disapprove. He stressed that the absence of New

Zealand research on public opinion did not grant permission to broadcast. Finally, he

wrote, the burden of proof concerning the acceptability of certain language should lie

with the broadcaster, not those broadcast to.

As an initial matter, the Authority notes the request of Mr Lord in his letter of 2 May

that the Authority should direct TVNZ "to omit the offending expression in all future

G time-band broadcasts". The Authority emphasises that it is not its function to

direct broadcasters in the manner requested by Mr Lord, and that it does not have

power under the Broadcasting Act 1989 to do so.

Programmes in the G time-band may be screened at any time. The "G" classification

requires broadcasters, when screening programmes, to:

...exclude material likely to be unsuitable for children under 14 years of age,

although they may not necessarily be designed for child viewers.

The Authority accepts that some viewers would regard the use of the word

"dickhead" as provocative for a viewing time to which the G classification applied. It

further accepts that it could have been an inappriopriate word if used in a different

context. The Authority also appreciates that the isolation of provocative language,

such as occurred in this trailer, is often not appropriate. That, the Authority

understands, provides some justification for Mr Lord's concern about the use of the

language.

In considering the complaint about the use of the word "dickhead", the Authority

looks to the context in which it was used. It notes that the particular character

portrayed speaking the word in the trailer has been presented in this context by the

author for about 15 years. The Authority appreciates that the author's intention in

attributing the word to the character updated the character's language and persona, the

language and the trailer relying on the audience's familiarity with the character.

Knowledge of the character, thus, in the Authority's view, gave the use of the word a

context and a justification. In the trailer, the word appeared to have been deliberately

chosen for its use as a punchline for the audience. Given the particular context and the

characterisation, and taking into account the surrounding programmes, which are

clearly directed at an adult audience, the Authority is unable to find a breach of

standards G2, G8, G12 or G22. The Authority does not find standard G24 relevant

to 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

Peter Lord's Complaint to Television New Zealand Ltd – 25 March 1998

Mr Lord of Christchurch complained to Television New Zealand Limited, the

broadcaster, about the use of the words "wanker" and "dickhead". The words were

used in a trailer for the series Market Forces broadcast just before 7.00 am on 25

March 1998 on TV One.

He complained that the broadcasting of the words breached standards G2, G8, G12,

G22 and G24 of the Television Code of Broadcasting Practice. The words, he wrote,

were entirely unsuitable for an audience of children in the G time-band.

Mr Lord wrote that it seemed to him that a deliberate decision had been made to show

in the trailer:

...that which would shock and titillate, carelessly unmindful of the substantial

numbers of children watching.

Further, he wrote:

Seven o'clock in the morning is a prime viewing time for children with many

cartoons being screened around this time. With many parents switching over

to view the morning news your trailer would have been seen and heard by

thousands of young children.

In his view, Mr Lord wrote, the words were not common currency in front of

children.

TVNZ's Response to the Formal Complaint – 8 April 1998

TVNZ considered the complaint under the standards which had been nominated by

the complainant.

It noted that the trailer had been placed between two programmes produced by its

news and current affairs division. Thus, the broadcaster wrote, it was reasonable to

assume that the audience at that time would largely be mature people with an interest

in news and current affairs. However, it acknowledged, the trailer was broadcast

during G time and was thereby required to comply with G guidelines.

TVNZ noted research undertaken for the Broadcasting Standards Authority which

indicated that the word "wanker" rated highly on the list of words which gave offence

to New Zealanders, with more than 20 per cent describing it as "highly offensive".

The word "dickhead" did not appear on that list, it wrote, but was well down in a

corresponding survey of British viewers.

Taking that into account, TVNZ concluded that the word "wanker" should not have

been broadcast during a G time-band. Given the context of G time, G2 had been

infringed, and G8 too had been breached because the language was unsuitable for that

time-band, TVNZ wrote. It followed, it conceded, that G12 was contravened, and the

requirements of G22 had not been adhered to. Standard G24, the broadcaster

contended, was not relevant in this context.

Writing that the broadcast represented an error of judgment on TV One's part, TVNZ

apologised for the offence it had caused. It advised that the matter had been brought

to the attention of the departments which made and scheduled trailers on TV One. It

concluded:

They have discussed at length and will redouble their efforts to ensure that

unsuitable material is not included in future in trailers broadcast in G time.

Mr Lord's Referral to the Broadcasting Standards Authority – 16 April 1998

Dissatisfied with aspects of TVNZ's response, Mr Lord referred his complaint to the

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

He wrote that his:

...dissatisfaction is with TVNZ's reluctance to classify the crudity

"dickhead" as unsuitable for broadcast to children in their G Time-band.

TVNZ have no data to uphold the judgment that this is an entirely suitable

expression to broadcast to our nation's children, except a British survey.

He further commented:

1. It is entirely unsuitable for TVNZ to operate on a basis of "ignorance is

permission". If they do not know how offensive this expression is to New

Zealanders then they have no right to inflict it upon ourselves and our children.

2. Even in research it is important to know what questions were put to those

surveyed. In the case of the British survey were the ones questioned asked if

they themselves found it offensive or were they asked if they considered it

unsuitable to be broadcast to children.

There is often a great gap between what language adults may use and what

they want used in front of their children. In my opinion the term I am

complaining of is crude, distasteful and offensive to many adults and a much

greater proportion would find it unacceptable as fare for children.

Mr Lord concluded with a request that TVNZ refrain from broadcasting the

expression in all future G time-band broadcasts.

TVNZ's Comments to the Authority – 24 April 1998

TVNZ stressed that it had upheld the complaint insofar as it related to the word

"wanker".

It did not agree that the same level of offensiveness was attached to "the widely used

term 'dickhead'". Again noting that there was no New Zealand research measuring

public reaction to the word, the broadcaster referred to a Bad Language study

published in 1991 by the British Standards Council. That study, which was entitled

A Matter of Manners? The Limits of Broadcasting Language, disclosed that 24 other

words were considered more offensive than the word "dickhead", TVNZ contended.

Mr Lord's Final Comment – 2 May 1998

Mr Lord expressed astonishment that TVNZ was attempting to justify the broadcast

of the word "dickhead" as suitable for children.

Even if the word was in widespread use, he wrote, it was still an offensive crudity to

many people, including adults. It was not used, even in entirely adult conversation,

by himself and many others, he continued. If the expression was used as common

parlance to children, he maintained, a lot more would disapprove.

He emphasised that widespread usage was far from a justification. There were

expressions widely used which, he wrote, we "all know"" were entirely unsuitable for

broadcast to children.

Mr Lord stressed that the absence of New Zealand research of public opinion did not

grant permission to the broadcaster to broadcast unsuitable language. He wrote:

In fact the opposite is true. TVNZ does not have the right to broadcast

crudities without home-based data.

The burden of proof concerning the acceptability of certain language should

surely lie with the broadcaster and not with those broadcast to. Why should

the burden of proof lie with citizens to demonstrate the offensiveness to

young ears?

He continued that the expression "dickhead" was crude, and that was patently

obvious to anyone who considered its origin. He questioned how the decision-makers

at TVNZ could "explain it to the four-year-olds in their lives".

The complainant concluded with a request that TVNZ be directed to omit the

offending expression in all future G time-band broadcasts.