BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Gone with the Wind starring Vivien Leigh and Clark Gable was broadcast on TV2 in

two parts on 26 and 27 December 1995. It started each evening at 7.30pm. The film

had earlier been screened by TV One on 9 October 1993.

Following the October 1993 broadcast, Ms Rhonda Findlay on behalf of the Rape

Prevention Group in Christchurch complained to Television New Zealand Ltd about the

sexually violent attitudes which she alleged were glamorised in the film. TVNZ, and

subsequently the Authority, declined to uphold that complaint. On the Group's behalf,

she complained again to TVNZ about the December 1995 broadcast on the same

grounds and she referred to the increasing public awareness of both domestic abuse and

television violence.

Repeating the point made in 1993 that the apparent rape scene complained about was

included in a classic film made more than 50 years ago, TVNZ declined to uphold the

second complaint. Dissatisfied with TVNZ's response, on the Group's behalf Ms

Findlay 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 determine the complaint.

Decision

The members of the Authority are familiar with the film and again have viewed the

scene complained about. They have also read the correspondence (summarised in the

Appendix). As is its practice, the Authority determines the complaint without a formal

hearing.

The classic film "Gone With the Wind" was screened by TVNZ on TV One on 9

October 1993. The broadcast evoked a complaint from the Rape Prevention Group in

Christchurch when Ms Findlay, on the Group's behalf, complained that the film

encouraged sexually violent attitudes. She referred to the scene where an angry and

drunk Rhett Butler forcibly carries his wife (Scarlett O'Hara) upstairs and it is implied

that he rapes her. Nevertheless, the film shows Scarlett the next morning in bed in a

very happy mood.

On that occasion, Ms Findlay alleged that the scene breached standard V11 of the

Television Code of Broadcasting Practice. It reads:

V11 Any realistic portrayal of anti-social behaviour, including violent and

serious crime and the abuse of liquor and drugs, must not be shown in a

way that glamorises the activities.

TVNZ argued that the attitudes displayed reflected the age of the film and suggested the

complaint should not be upheld. In dealing with the complaint, the Authority concluded

at the time:

While the Authority was not prepared to agree with TVNZ that the longevity of

the work in question in itself might be a sufficient reason not to apply the

standards strictly, it was prepared to examine the scene complained about in the

context. In context, including the tempestuous on-going relationship between the

two central characters as well as Scarlett's erratic behaviour, the Authority

accepted that the scenes complained about – a very short segment of a lengthy

movie – had a place in the story's development.

The continuing undoubted influence of the film was considered and, specifically,

whether the actions of the two leading characters could be seen as models for

behaviour today. While accepting that it was not possible to eliminate entirely any

current influence, the Authority decided that more modern social influences would

have more effect than these scenes from a classic film made in the 1930s about the

American Civil war in the 1860s.

On this occasion, the Group argued that the film breached standards G2 and G13 in

addition to standard V11. These other 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.

G13 To avoid portraying people in a way which represents as inherently inferior,

or is likely to encourage discrimination against, any section of the

community on account of sex, race, age, disability, occupational status,

sexual orientation or the holding of any religious, cultural or political belief.

This requirement is not intended to prevent the broadcast of material which

is:

i) factual, or

ii) the expression of genuinely-held opinion in a news or current affairs

programme, or

iii) in the legitimate context of a humorous, satirical or dramatic work

While acknowledging, as the Group has stressed, that attitudes towards sexual violence

today are increasingly those of disapproval, the Authority remains of the view that the

impact of the behaviour complained about in "Gone With the Wind" has not altered in

any substantial way since the situation dealt with in the earlier decision, (No: 8/94,

dated 21 February 1994), and the additional standards cited do not add to the issues

which must be considered. The Authority, therefore, declines to determine the current

complaint.

For the reasons set forth above, the Authority declines to determine the

complaint in all the circumstances under s.11(b) of the Broadcasting Act

1989.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
18 April 1996

Appendix

Rape Prevention Group's Complaint to Television New Zealand Ltd - 19

January 1996

Ms Rhonda Findlay of the Rape Prevention Group in Christchurch complained to

Television New Zealand Ltd about a scene in the film Gone with the Wind broadcast on

TV2 at 7.30pm on 27 December.

The scene shows Rhett Butler, played by Clark Gable, drunk, upset and threatening his

wife Scarlet, played by Vivien Leigh. He forcibly carries her upstairs and it is implied

that he rapes her. The next morning Scarlet is shown, waking up in bed, happy and

humming.

Ms Findlay argued that the scene breached the standards relating to good taste,

glamorising violence, and denigrating women.

When TVNZ pointed out that a similar earlier complaint had been declined, in a letter

dated 29 January 1996, Ms Findlay argued that the following matters had changed:

1) increased police awareness of domestic abuse and violence, and a more

vigorous approach to intervention.

2) one of the issues recently looked at in the BSA's Formal Review has been

discrimination against women, including the way in which they are being

portrayed on the screen.

3) there has been a surge in public awareness of what influences television and

video depictions of violence have on viewers.

4) staffing or policy changes in the interim may have made TVNZ more

receptive to a matter which must become more pressing as public reaction grows.

TVNZ's Response to the Formal Complaint - 1 February 1996

Assessing the complaint under the nominated standards, TVNZ said that there was no

reason to change its view advanced in 1993 when, it pointed out at that time, attitudes

towards relationships had changed during the 50 years since the film was made. The

film, it believed, should be seen as a classic in its historical context.

The Group's Complaint to the Broadcasting Standards Authority - 20

February 1996

Dissatisfied with TVNZ's decision, Ms Findlay on the Group's behalf referred the

complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989.

Referring to the changes noted in its letter to TVNZ, Ms Findlay wrote:

A similar complaint lodged with the BSA by our group two years ago was not

upheld, but like many others we were dissatisfied with this outcome. The

complaint also received considerable media coverage both on television and in the

press. To date, the BSA has been holding a formal review which has looked at

discrimination against women and their portrayal on television. We would expect

the sequence objected to in ÔGone with the Wind' to be reconsidered in this light.

TVNZ's Response to the Authority - 27 February 1996

TVNZ began:

While we respect the efforts of the Rape Prevention Group to end the sexual

violation of women we believe it is mistaken in believing this can be achieved by

excising famous scenes from classic films.

As the Authority had declined to uphold an earlier similar complaint (No: 8/94), TVNZ

suggested that it should decline to determine the current one.

The Group's Final Comment - 16 March 1996

On behalf of the Rape Prevention Group, Ms Findlay took exception to TVNZ's

suggestion that the Authority dismiss the complaint as vexatious. She argued that as

broadcasters probably considered most complaints to be vexatious, such an excuse

would allow them to ignore most complaints.