BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

The film "Striptease" which starred Demi Moore and Burt Reynolds was screened at 8.30pm on TV2 on 31 January 1999.

Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the film, which depicted a woman with naked breasts during a striptease act, was offensive and unsuitable for younger viewers. He also claimed that the film was of no social or educational value.

TVNZ advised Mr Harang that it did not consider that the broadcast had breached norms of decency and taste. The broadcaster also maintained that it had been mindful of the effect of the programme on children because it had assigned the film an AO classification and had preceded its broadcast with an explicit warning. The film, it said, had screened after the established 8.30pm watershed.

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

For the reasons below, the Authority upholds the complaint that the broadcast breached standard G12 of the Television Code of Broadcasting Practice.

Decision

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

A film called "Striptease" starring Demi Moore and Burt Reynolds was screened on TV2 at 8.30pm on 31 January 1999.

Kristian Harang complained to Television New Zealand Limited, the broadcaster, that the film was offensive, and unsuitable for younger viewers, because it had featured strip club scenes depicting a woman with naked breasts gyrating on stage. He maintained that the broadcast had breached standards G2 and G12 of the Television Code of Broadcasting Practice. These standards 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.

TVNZ advised Mr Harang that in considering whether the broadcast of the film had over-stepped the boundaries of decency and taste, it had carefully examined the scenes objected to within the context of the film’s theme and also had examined the context of the film’s screening.

With regard to the plot, TVNZ asserted that although there were a number of scenes in which striptease dancers were depicted, there was also a notable absence of eroticism. The dancers, it stated, were shown as seasoned professionals, performing on cue, but always with an obvious disdain for their audience. The shots of bare breasts were restrained and rarely in close-up which, the broadcaster contended, prevented the strip scenes from being either salacious or prurient.

When it examined the context surrounding the screening of the film, TVNZ pointed out that the film, quite correctly in its opinion, had carried an AO certificate, the symbol for which was shown at the beginning of the film and after each commercial break. It also noted that the broadcast was preceded by a very specific warning, delivered in both verbal and visual form, which had stated:

Striptease is the uncut cinema version. It is rated Adults Only and recommended for a mature audience. It contains nudity and language that might offend some people. We advise discretion.

TVNZ advised the complainant that it considered the combination of the AO certificate, the explicit warning, and the film’s title Striptease, had made it abundantly clear to viewers that the film was likely to contain nightclub scenes. It also pointed out that the warning had made a specific reference to nudity which provided viewers who found such material distasteful with an opportunity to switch off their television sets or to select an alternative channel.

Taking the above contextual factors into consideration, TVNZ concluded that the broadcast of the film had not breached standard G2.

As far as standard G12 was concerned, TVNZ stated that it had demonstrated that it was "mindful of the effect any programme may have on children" because the film was assigned an AO classification, was broadcast after the established 8.30pm watershed, and was preceded by a very specific warning.

Dissatisfied with the broadcaster’s decision, Mr Harang referred his complaint to the Authority for review. He contended that the first of at least three striptease scenes had screened between 8.30–9.00pm which, he maintained, was still family viewing time. Mr Harang considered that the warning would not have prevented all younger viewers from watching at such a relatively early hour, and expressed concern that they would begin to regard as normal, the type of sexual behaviour depicted in the film. Mr Harang pointed out that entry to a strip club was restricted to adults whereas, he argued, the relatively early timeslot for this film’s broadcast would not have prevented younger viewers at home from watching portrayals of striptease performances.

In response TVNZ stated:

"Mr Harang is mistaken in his assertion that "family viewing time" lasts until 9pm. The Adults Only watershed is long established at 8.30pm. It is stated in the Codes of Broadcasting Practice."

Mr Harang had no further comment to make.

The Authority’s Findings

Before assessing the complaint that the broadcast breached standards G2 and G12, the Authority wishes to make a few observations about the screening of AO films on television, and the 8.30pm watershed, the hour at which broadcasters are entitled to screen AO programmes.

The Authority first notes that the cinema version of the film Striptease was classified as R16 – restricted to persons 16 years and over – by the Office of Film and Literature Classification. The OFLC, it points out, uses different statutory criteria to those which apply to broadcasting. The standards used by the OFLC in applying age restrictions relate to the potential harm to viewers. The Broadcasting Act does not refer to harm, but requires broadcasters to maintain standards which are consistent with the observance of standards of good taste and decency. The Authority, when assessing all complaints, applies the statutory criteria set out in the Broadcasting Act. While OFLC rulings will always be a relevant factor, broadcasters need to form their own conclusions as to appropriate classifications, and whether television programmes comply with the statutory criteria of the Broadcasting Act and the requirements of the Television Code of Broadcasting Practice.

Secondly, the Authority acknowledges that the 8.30pm watershed is the time at which broadcasters are entitled to screen AO programmes. However, it wishes to make it clear that it regards the 8.30pm change from PGR programming to AO programming as a watershed which should not, under any circumstances, become a waterfall of potentially objectionable material. In view of this approach to the watershed, broadcasters will need to pay particular attention to the first hour of any adult programme where that programme is to be put to air at 8.30pm.

The Authority turns first to the complaint under standard G2 that the broadcast of the film Striptease breached currently accepted norms of decency and taste. It is of the view that the standard was not breached on this occasion. The Authority agrees with the broadcaster that the depictions of striptease acts and partial nudity objected to by Mr Harang could be considered as integral to the storyline of the film. Furthermore, it considers that the scenes which portrayed striptease dancers performing unenthusiastically for their audience were not unduly explicit or gratuitous in the context of their inclusion in an AO classified film.

Standard G12, as noted above, requires broadcasters to be mindful of the effect of the programme on children during their normally accepted viewing times. The Authority believes that this standard was breached by the broadcast. It confirms that the first depiction of women with bare breasts during a striptease act occurred well before 9.00pm. While many younger children no doubt are in bed, or are required to go to bed before 8.30pm, in the Authority’s opinion it is unrealistic for broadcasters to assume that all younger viewers have stopped watching television by 8.30pm. It considers that the film explicitly portrayed the degradation of women in a sleazy adult world and that children have a right to be protected from such portrayals. The Authority repeats its observation that the interests of children dictate the need for a transition period after 8.30pm. Here, adult material was on screen within 15 minutes of the watershed on a Sunday evening.

Further, the Authority does not agree that the warning which stated that the film was the "uncut" cinema version and that discretion was advised, exonerated the broadcaster from its responsibilities. In fact, it believes that by incorporating the word "uncut", it could equally have served as an enticement to some younger viewers to watch the film.

While the Authority might have taken a different view about the broadcast of Striptease if it had been screened later in the evening, the broadcast of the uncut film at 8.30pm, notwithstanding the AO classification, was, the Authority concludes, an error of judgment.

For the above reasons, the Authority upholds the complaint that the broadcast by Television New Zealand Ltd of Striptease at 8.30pm on 31 January 1999 was a breach of standard G12 of the Television Code of Broadcasting Practice.

The Authority declines to uphold any other aspect of the complaint.

Having upheld a complaint, the Authority may make orders under s.13(1) and s.16 of the Broadcasting Act 1989. It invited submissions from the parties as to the imposition of a penalty on this occasion.

As he believed many people would have been offended by the sexually explicit scenes broadcast in family viewing time, Mr Harang considered it would be appropriate for TVNZ to broadcast, in prime viewing time, a summary of the Authority’s decision.

TVNZ argued that no penalty was warranted. It considered that it had complied with the classification requirements set out in the Television Code of Broadcasting Practice. As it believed that the Authority’s decision to uphold the complaint indicated a change of approach to classification issues, it considered that the most productive outcome of the decision would be for the Authority to initiate urgent discussions between it and all free-to-air broadcasters concerning the meaning of the AO definition contained in the Codes of Broadcasting practice.

The Authority does not consider that this decision signals a new direction for it. Indeed, this decision is consistent with its previous decisions requiring a period after 8.30pm before explicit adult material can be screened. Decision 1998-031, the ruling on a complaint about the broadcast by TVNZ of the film Desperate Remedies which commenced screening at 8.30pm, is a recent illustration of the Authority’s approach to this matter.

Nevertheless, because there appears to have been a misunderstanding on TVNZ’s part, the Authority decides not to impose an order on this occasion.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
14 June 1999

Appendix

The Authority received and considered the following correspondence when it determined this complaint:

1. Mr Harang’s Formal Complaint to TVNZ Ltd – 31 January 1999

2. TVNZ’s Response to the Formal Complaint – 15 February 1999

3. Mr Harang’s Referral of the Complaint to the Authority – 16 February 1999

4. TVNZ’s Response to the Referral – 22 February 1999

5. Mr Harang’s Submission on Penalty – 10 May 1999

6. TVNZ’s Submission on Penalty – 12 May 1999