BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

A documentary entitled The London Connection was broadcast on TV One on 16 August 1999 beginning at 8.30pm. Host Gary McCormick interviewed New Zealanders living and working in London. He also visited a club frequented by young New Zealanders where they were shown drinking heavily and where young women were seen dancing topless.

Mr Boyce complained to Television New Zealand Ltd, the broadcaster, that the footage showing "several inebriated, albeit buxom" women dancing topless breached the good taste standard.

TVNZ responded first that the sequence to which Mr Boyce objected was broadcast near the end of the hour-long programme, well after the widely-recognised watershed. It agreed that the behaviour of the young women was coarse and vulgar, but did not consider that it exceeded the good taste standard in the context in which it was shown. It declined to uphold the complaint.

Dissatisfied with TVNZ’s decision, Mr Boyce 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 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.

Documentary New Zealand – The London Connection was broadcast on TV One at 8.30pm on 16 August 1999. The host, Gary McCormick, took a light-hearted look at New Zealanders living and working in London. As well as highlighting the successful careers of several New Zealanders, the programme also focused on the transient lifestyle of many young New Zealanders in London. A sequence filmed at a warehouse party – attended by a large number of young New Zealanders, Australians and South Africans – showed a group of women dancing topless on the stage.

Mr Boyce complained to TVNZ that the sequence filmed at the "binge-drinking warehouse" breached the good taste standard. 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.

In particular Mr Boyce objected to the club’s proprietor encouraging inebriated young women to "get their tits out" on stage.

In its response, TVNZ began by noting that the sequence to which Mr Boyce objected occurred very late in the hour-long programme, and that much of the programme had highlighted the successful careers of New Zealanders long resident in London. The sequence at the club, known as "The Church", showed a very different aspect to New Zealanders living in London, it noted. It acknowledged that the behaviour of the young people was "coarse and vulgar", but considered that its inclusion in the documentary was appropriate. The scenes showed young women behaving in "a silly, perhaps stupid fashion", it continued, but maintained that they were not portrayed in a voyeuristic manner.

Taking into account the hour of the broadcast, the programme’s PGR classification and the non-gratuitous manner in which the sequence was filmed, TVNZ contended that the programme would not have exceeded the expectations of an audience watching a Gary McCormick documentary at 8.30pm. It declined to uphold the complaint.

When he referred the complaint to the Authority Mr Boyce argued that as the documentary had been promoted as being an opportunity to see some familiar faces, the spectacle at the end of the show was unexpected. He contended that the sight of a young woman pouring beer over herself and then being spun around, and the others gyrating topless, was the equivalent of a wet T-shirt contest or mud wrestling. He wrote:

It is a voyeuristic spectacle at the event, and a question of decency. But the statement that the camera simply recorded what was going on is disingenuous – the heavily intoxicated women appeared to be oblivious to being filmed, and would surely regret the footage being shown.

In its response to the Authority TVNZ advised that it had nothing further to add, observing that this was the only complaint it had received about the programme.

Mr Boyce was invited to make a final comment. In that letter he referred to a review in the Evening Post about the programme, made some observations about the host, and expressed his objection to the portrayal of young New Zealanders as "lager louts and brazen exhibitionists".

When the Authority deals with a complaint alleging a breach of the good taste and decency standard, it is required to make reference to a community standard of acceptability, and secondly to take into account the context in which the language or behaviour occurs. Here, the scene complained about showed a group of inebriated young women engaging in uninhibited behaviour which included dancing topless on stage in front of a large number of equally inebriated young people. While such behaviour could be seen to be imprudent, the Authority finds the brief shots of the women dancing topless did not offend the good taste standard. It is further reinforced in its view that no breach occurred when it considers the hour of the broadcast and the programme’s PGR classification.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
4 November 1999

Appendix

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

1.    Simon Boyce’s Complaint to Television New Zealand Ltd – 17 August 1999

2.    TVNZ’s Response to the Formal Complaint – 30 August 1999

3.    Mr Boyce’s Referral to the Broadcasting Standards Authority – 11 September 1999

4.    TVNZ’s Response to the Authority – 20 September 1999

5.    Mr Boyce’s Final Comment – 23 September 1999