BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

A repeat broadcast of an ICE TV programme was screened on TV3 on 17 July 1999, commencing at 9.35am. ICE TV is a programme aimed at teenagers containing some humorous and informative material.

O Blackburn complained to TV3 Network Services Limited, the broadcaster, that the programme contained language and nudity that was "unsuitable".

TV3 responded that the programme was screened in PGR time and the nudity and language used were appropriate in that context. It contended that the nudity in the programme was not offensive. It said that the shots where the male presenters’ buttocks were visible were part of a comedic routine. It added that no genitalia or breasts were shown. As for the language, it stated it had "beeped" or removed words it considered offensive. TV3 declined to uphold the complaint.

Dissatisfied with TV3’s response, O Blackburn 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 a tape of the item complained about, and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing.

ICE TV was broadcast by TV3 on 17 July, commencing at 9.35am. The programme was a repeat screening of a show broadcast previously on TV4.

The complainant objected to the programme’s "unsuitable" language and nudity. The words complained about were "bastard", "ass", "arse" and "fucking". The complainant acknowledged that sound was "beeped" or removed when the last two of those words were used, but alleged that they were still recognisable. The nudity in the programme was, in his view, "unnecessary".

TV3 considered the complaint under standard G2. This 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 described the programme as an "often humorous and sometimes informative programme aimed at the teenage viewer". It noted that the programme was in its fifth year and its "zany" style was well known to its audience. TV3 observed that the programme was rated PGR. It explained that PGR means:

Programmes containing material more suited to adult audiences but not necessarily unsuitable for child viewers when subject to the guidance of a parent or adult.

TV3 considered that the nudity and language used were appropriate in the context of the programme’s PGR rating.

Of the nudity, TV3 added that this was part of a comedic routine and that no genitalia or breasts were shown.

As for the language, TV3 said that any offensive language was "beeped" or removed. It claimed that the "f-word" was not audible. It also pointed out that:

… the word "arse" is not considered a swear word in New Zealand and as such does not have to be removed to meet the taste and decency requirement for a PGR rating. However, in the case of this episode it was "beeped" for comedic purposes.

TV3 declined to uphold the complaint.

The complainant referred the complaint to the Authority. In a letter to TV3 attached to the referral, the complainant questioned who had decided that the word "arse" was not a swear word.

TV3 made no further comment to the Authority.

The Authority’s Findings

The Authority’s task in assessing this complaint under standard G2 is to determine whether the nudity and language in the broadcast breached currently accepted norms, in the context in which they occurred. The programme was broadcast during the PGR time band and was classified PGR. The Authority accepts that ICE TV is a programme which its target teenage audience finds humorous and entertaining, and that its style is intentionally comical.

Dealing first with the language complaint, the Authority notes that in the context of an appropriately classified and scheduled PGR comedy programme, the language complained did not breach standard G2. It also accepts that the "beeping" over and removal of sound accompanying any use of the word "fuck" in the programme material rendered it inaudible when broadcast.

Turning to the complaint about nudity, the Authority acknowledges that neither genitalia nor breasts were shown and finds that in the light of the contextual factors set out above, the nudity did not breach standard G2.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
21 October 1999

Appendix

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

1.    O Blackburn’s Complaint to the Broadcasting Standards Authority – 19 July 1999
      (referred to TV3 Network Services Limited)

2.    TV3’s Response to the Complaint – 26 August 1999

3.    O Blackburn’s Letter to TV3 – 1 September1999

4.    O Blackburn’s Referral to the Broadcasting Standards Authority – 1 September 1999

5.    TV3’s Response to the Authority – 9 September 1999

6.    O Blackburn’s Final Comment to the Authority