BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

The sexual activity of two members of the Salinger family and the youngest family

member's first kiss were topics included in an episode of Party of Five screened on

TV2 at 7.30pm on 11 April 1996.

Frances Dunham complained to Television New Zealand Ltd about the unwholesome

nature of the programme, particularly the lack of morals exhibited by the characters. She

alleged that standards G2 and G12 of the Television Code of Broadcasting Practice

were breached.

TVNZ disagreed that the programme promoted lax morality, stating that it was shown in

the PGR timeband, that the sexual activity in the programme was only implied, and that

the subjects dealt with were issues directly relevant to young adults and teenagers.

Dissatisfied with TVNZ's decision, Ms Dunham 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 (summarised in the Appendix). As is its practice, the

Authority determines the complaint without a formal hearing.

An episode of the series Party of Five broadcast on TV2 on 11 April 1996 at 7.30pm

contained some themes of a sexual nature. The series focuses on a family of five

adolescents and young adults making a life together after the death of their parents.

Many different aspects of their lives, including their interactions with each other and

with their peers, form the basis of the storylines. During this episode some of the

themes included marriage, drugs, romance, sex, birth control – issues affecting

adolescents and young adults.

Ms Dunham complained to TVNZ that the promiscuity and lack of morality portrayed in

the programme was unsuitable for children watching, and that the lack of morals had a

harmful effect on young people in society. She acknowledged that although there was a

warning prior to the programme advising that it was rated as PGR, many parents would

not have seen it.

TVNZ responded that it had considered the complaint in the context of standards G2

and G12 of the Television Code of Broadcasting Practice. Those 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.

G12 To be mindful of the effect any programme may have on children

during their normally accepted viewing times.

It emphasised that Party of Five was part of a series which focused on the lives of five

members of a family living on their own after the deaths of their parents, and the

episode complained about was part of the second series of the drama, which

concentrated on new beginnings for the older family members as they moved into

adulthood.

It disagreed with the view that the programme promoted lax morality, suggesting that

the issues dealt with were relevant to the young adult age group at whom the series was

targeted. It pointed to the moral messages which it conveyed about the problems with

relationships based solely on sex, about the emotional implications of casual sex and the

harm caused to families by sex outside marriage.

TVNZ stressed that the episode was part of a serial and therefore, in some cases, the

consequences of actions were not apparent until the story developed in later episodes. It

also noted that Party of Five won an award as "best drama series" at the Golden Globe

Awards in 1995.

Turning to the alleged breach of standard G2, TVNZ maintained that as the sexual

activity was always only implied, and there were no scenes of nudity, the standard was

not breached. Further, it suggested, the topics dealt with were relevant to teenagers and

young adults who were either on the point of being or were already sexually active.

With respect to the alleged breach of standard G12, TVNZ observed that the programme

was broadcast in PGR time. The definition of such material is:

Programmes containing material more suited to adult audiences but not

necessarily unsuitable for child viewers when subject to the guidance of a

parent or an adult.

It was TVNZ's view that parents or guardians had some responsibility for deciding

whether to permit their children to watch PGR material. It acknowledged that while

some parents would be glad to watch Party of Five with their younger family members

and to note the moral messages, others may consider the subject matter too adult for

their families. It added that that was the choice of the parent or caregiver. TVNZ also

noted that both a visual and verbal warning was given advising adult guidance to

younger viewers.

The Authority observes that the themes were premised on an uncritical acceptance of

modern mores, but considered that nevertheless there were issues of consequence

which were dealt with in a careful and responsible manner. For example, casual sex

was shown to have repercussions in the future for at least two of the young adults in the

family, when they were forced to question their behaviour and some of the problems it

caused.

While the Authority accepts that the behaviour portrayed would not be tolerated by some

in the community, it acknowledges that others, particularly parents of adolescents,

might well use the programme as a springboard for discussing issues which their own

children will face through their growing up years.

When the Authority considers an alleged breach of standard G2, it i required to examine

the programme in context. On this occasion, it takes into account the target audience of

young adults, for whom TV2 caters, the fact that the episode was one in a series and

that consequences for some of the issues raised were seen in subsequent programmes,

and that a clear warning was given about how the programme was classified. Further,

it considers a responsible approach was taken to some of the difficult moral issues

raised and the consequences of the characters' behaviour. It concludes that the standard

was not contravened.

The Authority then turns to the alleged breach of standard G12. It considers that on this

occasion the broadcaster's obligation to be mindful of the effect of the programme on

children was discharged by providing both a visual and verbal warning to parents and

caregivers that the programme contained adult themes, and that parental guidance was

recommended. Moreover, the Authority considers the subject matter, while more suited

for adults, was dealt with appropriately and sensitively in the PGR time band. It

declines to uphold the standard G12 aspect of the complaint.

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

complaint.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
18 July 1996

Appendix

Ms Dunham's Complaint to Television New Zealand Ltd - 14 April 1996

Frances Dunham of Tauranga complained to Television New Zealand Ltd that an

episode of Party of Five which screened on TV2 on 11 April breached the standard

requiring good taste and decency and the standard relating to the protection of children.

She strongly objected to the content of the programme, particularly what she regarded

as the lack of morals exhibited by the characters. In making the complaint, she wished

to convey her concern about the harmful effect widespread viewing of this and similar

programmes had on young people and society in general.

Ms Dunham suggested that TVNZ needed to be aware of the influence television had in

shaping children's lives.

TVNZ's Response to the Formal Complaint - 2 May 1996

TVNZ responded to Ms Dunham's complaint advising that it had been examined in the

context of standards G2 and G12 of the Television Code of Broadcasting Practice.

TVNZ noted that the programme complained about came from the second series of

Party of Five, a drama series about a family of adolescents and young adults determined

to stay together following the death of their parents. The series examined family rifts,

the characters' changing relationships and highlighted contemporary social issues.

Disagreeing that the programme promoted lax morality, TVNZ suggested that the issues

touched upon were genuine and relevant to the teenagers and young adults and that the

programme, in fact, delivered some fairly weighty moral messages.

TVNZ pointed out that because the programme was an episode of a series, in some

cases the consequences of actions did not become apparent until the story developed in

later episodes. Nevertheless, it believed that Party of Five consistently delivered

positive moral messages through the experiences of the Salinger family.

With reference to the alleged breach of standard G2, TVNZ noted that the sexual activity

in the programme was always only implied and there were no scenes of nudity.

Because the issues dealt with were directly relevant to teenagers and young adults who

were either on the point of becoming sexually active, or had already experienced sex,

TVNZ concluded that in the context the standard had not been breached.

It was TVNZ's view that standard G12 had not been contravened as the programme had

been broadcast in the "PGR" timeband. Also, on this occasion, the "PGR"

classification was reinforced by a visual and verbal warning that the programme

contained subject matter which may be unsuitable for younger viewers and advised

adult guidance.

TVNZ concluded by apologising for the offence caused but, because it did not believe

that the broadcast was in breach of the programme standards, declined to uphold the

complaint.

Ms Dunham's Referral to the Broadcasting Standards Authority - 24 May

1996

Dissatisfied with TVNZ's response, Ms Dunham referred the complaint to the Authority

under section 8(1)(a) of the Broadcasting Act 1989 for the purpose of an investigation

and review of the decision.

TVNZ's Response to the Authority - 31 May 1996

In its response, TVNZ noted that Ms Dunham appeared not to have given any reasons

for her dissatisfaction with its decision, and stated that it had nothing further to add.