BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A film called The Cowboy Way, broadcast by TV3 Network Services Ltd, on 23 September at 8.30pm, featured actors Woody Harrelson and Kiefer Sutherland as two cowboys who travelled to New York to find the killer of their friend.

Mr Standen complained to TV3 that a scene in the film depicted a calf being prepared by the cowboys to suckle on a man’s penis as a form of torture. He claimed the scene was depraved and pornographic, and should not have been broadcast.

In describing the film, TV3 stated that the two central characters, while trying to find their friend’s killer, used methods they had learned as cowboys to survive in the city and elicit information about the killing. It maintained that the "suckling calf torture" scene was intended to be humorous and was not pornographic. Taking into account contextual factors such as the film’s AO rating, the warning which preceded it, and the scene’s late hour of broadcast, the broadcaster declined to uphold the complaint.

Dissatisfied with TV3’s decision, Mr Standen referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons below, a majority of the Authority declines to uphold the complaint.

Decision

The members of the Authority have viewed the item complained about and have read the correspondence listed in the Appendix. In this instance, the Authority determines the complaint without a formal hearing.

A scene in the film The Cowboy Way featured a man who had been required to take down his trousers, and, while his naked legs were shown from behind, two cowboys threatened him by preparing a calf to suckle on his penis. The film was broadcast by TV3 Network Services Ltd on the 23 September 1998 at 8.30pm.

Mr Standen complained to the broadcaster that the scene was depraved and pornographic and that it should not have been broadcast.

TV3 advised that it had assessed the complaint under standard G2. Standard G2 requires 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.

As background to its decision, TV3 described the plot of the film as revolving around two cowboys who travelled to New York to find their friend’s killer, and who used idiosyncratic methods, or "down home wisdom", to survive in the city and elicit information about the killing. TV3 wrote that in the scene objected to, the cowboys used "the suckling calf torture" to extract information on the whereabouts of their dead friend’s daughter. It declined to uphold the complaint as The Cowboy Way was an AO classified film which was preceded by a verbal and written warning stating that it contained violent scenes and coarse language, and that viewer discretion was advised. Two other contextual factors which led it to decline to uphold the complaint, TV3 explained, were the film’s amusing style, and the fact that the scene in question screened 80 minutes into the programme.

Dissatisfied with the broadcaster’s response, Mr Standen referred his complaint to the Authority expressing extreme incredulity that TV3 found the broadcast not to be in breach of currently accepted norms of good taste and decency.

A majority of the Authority notes that it had some difficulty reaching a conclusion about the broadcast because of the distasteful nature of the activity suggested by the scene. However, it observes that the depiction itself was relatively brief and inexplicit. It notes also that the scene was broadcast as light entertainment to an adult audience, and that the strongly worded warning, advising viewer discretion, clearly indicated the adult nature of the content. Further, the majority takes into account the relatively late hour at which the scene was broadcast. These contextual factors lead the majority to conclude that while the activity suggested by the scene would be distasteful to many, the actual, and relatively inexplicit, depiction did not breach the standard.

A minority of the Authority disagrees. It is in no doubt that the scene breached currently accepted norms of decency and taste. The minority considers that the scene was unacceptable for broadcast given the associations with bestiality which would naturally arise in the mind of the viewer as a result of the images depicted and the activity which was suggested.

For the above reasons, a majority of the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
17 December 1998

Appendix

The following correspondence was received and considered by the Authority in determining this complaint:

1. Mr Standen’s Formal Complaint to TV3 Network Services Limited – 24 September 98

2. TV3’s Response to the Formal Complaint – 28 October 1998

3. Mr Standen’s Referral of the Complaint to the Broadcasting Standards Authority
    – 10 November 1998