BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8.30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea.

Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers.

TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch.

Dissatisfied with TVNZ’s decision, Ms Atkinson referred the complaint 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 the item complained about and have read the correspondence (summarised in the Appendix). In this instance, the Authority determines the complaint without a formal hearing.

Ms Atkinson complained to Television New Zealand Ltd about the programme Under Investigation: Ladies’ Night which screened on TV2 at 8.30pm on 16 June. She considered that the broadcast had been unsuitable for children and teenagers and had breached currently accepted norms of decency. She alleged that standards G2, G5, G8, G9, G12 and V16 of the Television Code of Broadcasting Practice had been contravened. These first five 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.

G5 To respect the principles of law which sustain our society.

G8 To abide by the classification codes and their appropriate time bands as outlined in the agreed criteria for programme classifications.

G9 To take care in depicting items which explain the technique of crime in a manner which invites imitation.

G12 To be mindful of the effect any programme may have on children during their normally accepted viewing times.

The other standard reads:

V16 Broadcasters must be mindful of the effect any programme, including trailers, may have on children during their generally accepted viewing periods, usually up to 8.30pm, and avoid screening material which could unnecessarily disturb or alarm children.

TVNZ did not accept that the broadcast had breached standard G2 and pointed out that the programme was an AO classified documentary about a male strip revue troupe, that it was broadcast in an AO timeslot, and that its introduction would have alerted viewers to the type of material which was to follow, giving them the opportunity to choose not to watch. It also declined to uphold standards G8, G12 and V16, again arguing that the programme’s classification, its timeslot and introduction, saved it from breaching the standards cited. The broadcaster also maintained that the more explicit visual and verbal material did not occur until the second half of the documentary. It considered that standards G5 and G9 were irrelevant to the complaint.

When Ms Atkinson referred her complaint to the Authority, she reiterated her arguments and asked that the complaint be considered under all the standards initially nominated. She argued that the AO classification and 8.30pm timeslot would not have prevented 14 year-olds, who were legally at home alone and unsupervised, from watching the programme.

The Authority first considers whether the programme exceeded currently accepted norms of good taste and decency and, as is required by standard G2, examines the programme’s context. The Authority notes that the programme was a BBC documentary, screened during Under Investigation, which examined the current popularity of male strip revues and specifically focussed on an actual troupe from the Welsh city of Swansea. It also notes that it had been assigned an AO classification by the broadcaster, had screened at 8.30pm, and that the presenter of Under Investigation had alerted viewers to the adult nature of the material which was to follow. The Authority begins by observing that any programme dealing with the nature of professional stripping is likely to be inherently tasteless but that it may not reach the threshold required to breach a broadcasting standard. In this case, the Authority accepts the need for the documentary to depict the reality of the milieu in which this type of entertainment exists, and considers that it was handled in a restrained and responsible manner and avoided portraying gratuitous detail. The Authority notes that coarse language was used on occasion, but considers that its effect was lessened as the heavy regional accent of some interviewees often made the dialogue indiscernible. Overall, it considers that the above-mentioned elements were acceptable within the context of a documentary about male strip revue entertainment which was designed for an adult audience and which screened in an AO timeslot. Accordingly, it finds no breach of standard G2.

The Authority next considers the standard G8 aspect of the complaint. It concludes that this standard was not contravened as the documentary had been correctly classified and had screened in an appropriate timeslot.

Similarly, the Authority concludes, in relation to standard G12, that the broadcaster had demonstrated it was mindful of children by assigning the documentary an AO classification and screening it after the watershed in an Adults Only timeslot.

With regard to standards G5, G9, and standard V16, the Authority agrees with TVNZ and does not consider that they are appropriate standards under which to assess the complaint.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
22 October 1998

Appendix

Wendy Atkinson’s Complaint to Television New Zealand Ltd – 23 July 1998

Wendy Atkinson of Kerikeri complained to Television New Zealand Ltd, via the Broadcasting Standards Authority and, mistakenly, via TV3 Network Services Ltd, about the programme Under Investigation: Ladies’ Night which was broadcast on TV2 at 8.30pm on 16 June 1998.

Ms Atkinson contended that the programme breached currently accepted norms of decency and had been unsuitable for children and teenagers. She suggested that 10.00pm would have been a far more appropriate time for the programme’s screening and alleged the contravention of standards G2, G5, G8, G9, G12 and V16.

Television New Zealand Limited’s Response to the Formal Complaint – 20 August 1998

TVNZ responded to Ms Atkinson by making, first, a few general observations about the programme and its context. It stated:

This was a British documentary covering an unusual and perhaps unexpected social phenomenon – that of male strip clubs. It attempted to answer the questions – what do women get from these often tacky shows, why do men choose to exhibit themselves in such circumstances, and how does being a male stripper affect normal family relationships?

TVNZ maintained that interest in male strip performances was as keen in New Zealand as it was in Britain and that the programme, therefore, was relevant to New Zealand audiences. Accepting that some of the content was explicit, TVNZ observed that the introduction to the programme made it clear that the investigation was to be "a raunchy peep at the world of male strippers and those who pay to see them", and further noted that the level of explicitness increased as the programme progressed. Consequently, it added, there was ample opportunity for viewers who wished to, to stop watching. Finally, TVNZ pointed out that the programme had been classified AO which would have alerted its audience, including parents or guardians of children and teenagers, to the fact that it contained material unsuitable for persons under the age of 18 years.

TVNZ considered that although the broadcast had investigated the male revue in a frank and direct manner, it had not breached standard G2 because it had not strayed beyond currently accepted norms of taste and decency. The programme was further protected, the broadcaster, contended because it was classified AO, was broadcast in an AO timeband, and the introduction had emphasised the adult nature of the content within the first couple of minutes, offering viewers the opportunity to stop watching.

The broadcaster declined to uphold standards G8, G12 and V16, citing, again, the AO classification and 8.30pm timeslot, and further pointed out that the more explicit visual and verbal material did not occur until the second half of the documentary.

The broadcaster advised that it considered standards G5 and G9 to be irrelevant to the complaint and that it had not determined these aspects.

Ms Atkinson’s Referral to the Broadcasting Standards Authority – 1 August 1998

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

The complainant expressed her disappointment that TVNZ justified the screening of the programme just because it was a "documentary". She added that fourteen year-olds who were legally entitled to be at home without adult supervision would be keen to watch such a programme and would not have been hindered in doing so given its early hour of broadcast.

Ms Atkinson asked that her complaint be considered under all the standards initially nominated, and concluded:

I believe the timing of such "AO" material is unwise in the extreme, and harmful to both our young people and adults!

TVNZ’s Response to the Referral – 11 September 1998

TVNZ advised that it had nothing further to add.