BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Episodes 12 and 13 of the series Havoc and Newsboy’s Sell-Out Tour were broadcast on TV2 on consecutive Tuesday evenings on 17 and 24 August 1999 beginning at 10.00pm.

Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that what he called gratuitous swearing on the programme, which included the use of the word "fuck", breached the good taste standard.

TVNZ responded that in the context of a late evening broadcast and the fact that the programmes were classified as AO, it did not consider that the language used posed a threat to the standard. It also suggested that the approach taken by Mikey Havoc and Jeremy Wells (Newsboy) was by now sufficiently well-established for the language to have come as no surprise to viewers. Its view was that the language would not have exceeded the expectations of the majority of the audience, and declined to uphold the complaint.

Dissatisfied with TVNZ’s response, 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 complaints.

Decision

The members of the Authority have viewed tapes of the programmes 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.

Mikey Havoc and Jeremy Wells (Newsboy) featured in Havoc and Newsboy’s Sell-Out Tour broadcast on TV2 on 17 and 24 August 1999 beginning at 10.00pm.

Simon Boyce complained to TVNZ that the programmes breached the requirement for broadcasters to observe standards of good taste and decency. He complained about the 24 August episode which he said had "the usual contextless examples of gratuitous swearing within the first minute". As for the 17 August episode, he noted that Havoc had called someone a "fuckwit". The highlight of the sequence, Mr Boyce suggested, was that person spitting on a car.

TVNZ 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.

TVNZ began by examining the context in which the language was used. It noted that the programme was classified AO. The definition of AO material is:

Programmes containing adult themes or those which, because of the way the material is handled, would be unsuitable for persons under 18 years of age.

TVNZ concluded that as the programme was intended for viewers over the age of 18 years, and taking into account the mild manner in which the words were used and the particular programme type, no breach of the standard occurred.

In addition, TVNZ suggested that the "irreverent and anarchic" approach taken by Havoc and Newsboy was now sufficiently well-established for the use of the language to have come as no surprise to regular viewers. It was TVNZ’s view that within the ambit of a distinctive style of humour, the language would not have strayed beyond the expectations of the vast majority of the audience.

As for the use of the word "fuckwit", TVNZ noted that it was used as a direct quote from the well known New Zealand film Smash Palace.

The use of the word "fuck" on several occasions in the 24 August programme was seen as casual, throwaway expressions from a television team completing 13 weeks on the road, TVNZ suggested. The word, it said, was used within the irreverent context of the series and the presenters’ personalities and was therefore unlikely to cause offence to the late night audience.

TVNZ rejected Mr Boyce’s description of the series as "dross", noting that although the programme did not appeal to him, it had a large and loyal following, and those people were entitled to see programming that appealed to them. It declined to uphold the complaints.

When he referred the complaint to the Authority, Mr Boyce suggested that the programme relied on swearing and playfights as a substitute for content. He did not agree that his complaints were merely a matter of programme preference. He suggested that just because the presenters’ style suited some viewers that did not mean that the language was not gratuitous and a breach of the standard. As for TVNZ’s contention that the word "fuckwit" was a quote from the film Smash Palace, Mr Boyce responded that that was nonsense.

In TVNZ’s report to the Authority it stressed that the programme was classified AO, did not start until 10.00pm, and was directed at a young audience.

When he referred his final comment, Mr Boyce repeated his view that the language used was not satisfactory in local content broadcasting. As a final point, he suggested that the community was not as liberal – in terms of standard G2 matters – as the Authority was.

The complaints concern the language used in both programmes, as well as their overall quality. It is not the Authority’s function to arbitrate on quality, and it therefore confines its deliberations to the standards issue raised.

The complainant has contended that the language used by the presenters, and other participants, breached the good taste standard. With respect to the first programme, he complained about the use of the term "fuckwit". When the Authority considers a complaint under standard G2, it takes into account the context in which the language or behaviour occurred. It notes that the expression arose in the context of a light-hearted exchange which parodied a well-known New Zealand film, and was not used gratuitously. Given that the item was aimed at a young adult audience and screened after 10.00pm, it concludes that the standard was not breached.

The second complaint related to the use of the word "fuck" and its derivatives in a sequence at the beginning of the programme broadcast on 24 August in which the film crew was seen to interact with the hosts. The somewhat careless use of language in this sequence gave the Authority some cause for concern. However, it took into account the context in which the language was used, including the time of the broadcast, the type of programme and the audience’s expectations of the content, and noted in particular that the language was not used in an abusive or threatening manner. On balance, it concluded that the standard was not breached.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
18 November 1999

Appendix

The following correspondence was received and considered when the Authority determined these complaints:

1.    Simon Boyce’s Complaint to Television New Zealand Ltd – 25 August 1999

2.    TVNZ’s Response to the Formal Complaint – 6 September 1999

3.    Mr Boyce’s Referral to the Broadcasting Standards Authority – 25 September 1999

4.    TVNZ’s Response to the Authority – 30 September 1999

5.    Mr Boyce’s Final Comment – 9 October 1999