BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

In reporting the New Zealand cricket team’s visit to Buckingham Palace a 3 News sports item broadcast on 3 June 1999 beginning at 6.00pm announced "The Blackcaps bowl up at Liz and Phil’s wicket…".

Mr Bernards complained to TV3 Network Services Ltd, the broadcaster, that this reference was disrespectful to the Queen and the Duke of Edinburgh and overstepped the limits of acceptability. He sought a sharply worded warning to TV3’s management not to repeat such language.

TV3 responded that the phrase was intended to be a brief, light-hearted pointer to the report coming up. It noted that the humorous reference was more than adequately balanced by the tone of the full news item. While it regretted that the complainant had found the reference distasteful, it did not consider it had breached broadcasting standards and it declined to uphold the complaint.

Dissatisfied with TV3’s decision, Mr Bernards 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 as well as the full item to which the reference related. They have also read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing.

The introduction to a sports news item broadcast on 3 June 1999 during 3 News beginning at 6.00pm, referred to the visit by the New Zealand cricket team to the Queen and Duke of Edinburgh as "The Blackcaps bowl up at Liz and Phil’s wicket…".

Mr Bernards complained through the Broadcasting Standards Authority that the reference was disrespectful and had far overstepped the limits of acceptability. He asked the Authority to issue a sharply worded warning to TV3’s management that the language not be repeated. When he referred the matter to TV3, the complainant said he expected it to broadcast a public apology. He also sought an assurance that such language would not be repeated.

TV3 advised that it had considered the complaint under standard G2 of the Television Code of Broadcasting Practice. That standard 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.

TV3 reported that its Standards Committee had viewed both the item complained about and the full item which reported on the team’s visit to Buckingham Palace. It described the introduction to the sports item as a "tease" which, it said, was by nature a brief and often light-hearted pointer to the upcoming report. The phrase, it argued, was intended to be just that and was more than balanced by the tone of the full news item.

TV3 expressed its regret that Mr Bernards had found the phrase disrespectful to Queen Elizabeth and Prince Philip but advised that it did not find it to be either indecent or in bad taste. In its opinion, viewers in general would not have found it inappropriate. It therefore declined to uphold the complaint.

Mr Bernards took issue with TV3’s response. He wrote:

The disrespect shown to the Queen and the Duke is impossible of being balanced by the remainder of the news item. It stands alone and is in repulsive taste.

He argued that it was impossible to balance the slight, as the slight was a fact which could not be undone.

By way of further illustration, he suggested that if the Prime Minister were associated with a sports event, the use of any description of her other than by "her name or rank" could not be excused on the basis that it was a light-hearted pointer or tease.

TV3 advised that it had no further comment to make.

The Authority’s task is to decide whether, in the context, the reference to the Queen and Duke of Edinburgh as "Liz and Phil" exceeded the norms of decency and good taste. It acknowledges TV3’s point that the "tease" which highlights an upcoming item is often couched in colloquial or informal language and that it is often intended to be a light-hearted and brief pointer to items to come. On this occasion, the reference to the Black Caps’ visit to Buckingham Palace used cricket terminology, so that the team was said to be "bowling up" to "Liz and Phil’s wicket". Further, as TV3 pointed out, the full item contained within the news report adopted a more serious tone in its account of that visit.

While Mr Bernards contended that the reference was disrespectful to the Royal family and that the serious tone of the remainder of the news item could not atone for the breach of standards, the Authority is not persuaded that a breach of the standard occurred. It was, it concludes, a light-hearted remark which was not inappropriate in the context of the introduction to a sports item. In reaching its decision, it takes into account the subject matter and manner of presentation of the full item later in the sports report. Accordingly, it declines to uphold 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
23 September 1999

Appendix

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

1.    Henk Bernards’ Complaint to TV3 Network Services Ltd (forwarded by the
      Broadcasting Standards Authority) – 14 June 1999

2.    TV3’s Response to Mr Bernards seeking clarification of the status of the complaint – 28 June 1999

3.    Mr Bernards’ Complaint to TV3 – 18 June 1999 (received by TV3 on 2 July)

4.    TV3’s Response to the Formal Complaint – 29 July 1999

5.    Mr Bernards’ Referral to the Broadcasting Standards Authority – 2 August 1999

6.    TV3’s Response to the Authority – 13 August 1999

7.    Mr Bernards’ Final Comment – 18 August 1999