BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

"Camp Leader" helping herself to a banana from the stand outside a retail fruit stall

while walking past with "Camp Mother" was part of a promo for the Topp Twins

series.

Ms Robb complained to TV3 Network Services Ltd that the action breached the

provision requiring broadcasters to maintain standards consistent with the

maintenance of law and order.

Arguing that the vignette for the comedy series would be regarded by viewers as

depicting a very old joke, TV3 declined to uphold the complaint.

Dissatisfied with TV3's decision, Ms Robb 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 upheld the complaint.

Decision

The members of the Authority have viewed 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.

The promos used for the Topp Twins series used a number of comedy vignettes

involving the twins as "Camp Leader" and "Camp Mother" respectively. One promo

involved the "Camp Leader" helping herself to a banana from a stand outside a shop

and eating it.

Ms Robb complained that as the action was shown "as being an ok thing to do", it

breached the standard requiring the maintenance of law and order. TV3 assessed the

complaint under standard G5 of the Television Code of Broadcasting Practice which

requires broadcasters:

G5  To respect the principles of law which sustain our society.

TV3 explained that the character who took the banana was defining the genre of the

series as she was the one who got into or caused trouble. As for the specific promo, it

argued that the taking of the banana was part of a long established comedic tradition

used in films and declined to uphold the complaint.

When she referred the complaint to the Authority, Ms Robb expressed her concern

about the impact (on young and impressionable viewers), of showing illegal behaviour

as apparently acceptable.

Having viewed the promo complained about, the Authority accepts that it is within

the comedic tradition and was most likely to be seen by viewers as funny. As comedy

is not to be taken as a serious representation of reality, the Authority does not accept

that it shows disrespect for legal principles. Accordingly, it does not consider that

standard G5 was breached.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
24 October 1996

Appendix

Ms Robb's Complaint to TV3 Network Services Ltd - 26 July 1996

Sandra Robb of Winton complained to TV3 Network Services Ltd about a promo for

the Topp Twins broadcast at about 1.45pm on 26 July 1996.

The promo showed one of the twins stealing a banana while walking past a fruit shop

which, Ms Robb wrote, breached the requirement for programmes to promote law and

order. She concluded:

It comes across to the viewers as being an OK thing to do.

TV3's Response to the Formal Complaint - 12 August 1996

Assessing the complaint under standard G5 of the Television Code of Broadcasting

Practice, TV3 explained that the promos for the Topp Twins were made as a series of

comedic vignettes.

Explaining that the promos told how Camp Leader and Camp Mother travelled around

the country, TV3 said the vignettes were not promos in the usual sense of the word.

It continued:

The act of taking a banana then is not one which is endorsed by the stars but is

part of a story-line which is defining the genre of the programme. Camp Leader

is the character who takes the banana because throughout the shows she is the

one that gets into or causes trouble. The taking of a banana is also part of a

comedic tradition which has been seen even in the old black and white Disney

films and is not intended in any way to disrupt the maintenance of "law and

order".

TV3 declined to uphold the complaint.

Ms Robb's Referral to the Broadcasting Standards Authority - 16 August 1996

Because she considered TV3's reply to be "waffle", Ms Robb referred the complaint

to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Ms Robb considered, especially for younger viewers, the promo suggested that it was

all right to help yourself to a piece of fruit from a stand outside a shop.

TV3's Response to the Authority - 2 September 1996

In its report to the Authority, TV3 emphasised that the incident shown was comedic.

It was, it wrote, a very old joke and had no bearing on the principle of upholding the

law.