BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

Carter and TV3 Network Services Ltd - 1997-025

Members
  • J M Potter (Chair)
  • A Martin
  • L M Loates
  • R McLeod
Dated
Complainant
  • L Carter
Number
1997-025
Programme
Sex/Life
Channel/Station
TV3


Summary

Methods used by some women to take revenge on partners and ex-partners was one of

the subjects included in the episode of Sex/Life broadcast by TV3 Network Services

Ltd on 4 December 1996 at 8.30pm.

Mr Carter of Rotorua complained to TV3, the broadcaster, that the whole segment was

irresponsible, incredibly stupid and biased, and encouraged people to engage in

criminal activity.

TV3 pointed out that the segment was introduced by a caution advising viewers not to

try some of the desperate acts depicted. It argued that the acts shown illustrated

possible levels of revenge, but that they were not intended to be taken seriously. The

item, TV3 continued, emphasised that talking about methods of revenge was a

legitimate expression of anger and hurt, and that the best form of revenge was to go on

and "lead a fabulous life". It declined to uphold the complaint.

Dissatisfied with TV3's response, Mr Carter 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 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 episode of Sex/Life broadcast by TV3 on 4 December 1996 at 8.30pm included an

item which dealt with ways that women could take revenge on current or former

partners. Some of the ideas included cutting up their partner's clothes, pouring paint on

his car and leaving a carton of milk under the seat of his car.

Mr Carter complained to TV3 Network Services Ltd that the item was irresponsible,

incredibly stupid and biased, and encouraged criminal activity. He suggested that men

would be charged with an offence were they to behave in the manner suggested for

women. He objected to the women being portrayed as resourceful and imaginative, and

being encouraged to take revenge.

TV3 dealt with the complaint under the standards nominated by Mr Carter. Standards

G9 and G13 of the Television Code of Broadcasting Practice require broadcasters:

G9 To take care in depicting items which explain the technique of a crime

in a manner which invites imitation.

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, occupation

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.

The other standard, which pertains to News, Current Affairs and Documentaries, reads:

G17 Unnecessary intrusion in the grief and distress of victims and their

families or friends must be avoided. Funeral coverage should reflect

sensitivity and understanding for the feelings and privacy of the

bereaved. Broadcasters must avoid causing unwarranted distress by

showing library tape of bodies or human remains which could cause

distress to surviving family members. Where possible, family

members should be consulted before the material is used. This

standard is not intended to prevent the use of material which adds

significantly to public understanding of an issue which is in the public

arena and interest.


TV3 began by pointing out that the series Sex/Life was an AO programme which was

always preceded by a warning advising that some content may offend. The particular

piece was also preceded by a specific warning which stated: "By the way, there are

some desperate measures in this next story which we don't recommend you try."

The item, TV3 observed, discussed different levels of betrayal and possible levels of

revenge, and emphasised that thinking and plotting acts of revenge was a constructive

way to deal with anger. According to TV3, the acts of revenge were fanciful, and not

to be taken literally. Even the filming, it suggested, made the acts seem unrealistic.

TV3 stressed that the ideas for revenge shown were not original or innovative but were

techniques already known about, and that talking about them was a legitimate

expression of anger and betrayal. It noted that the item concluded with the suggestion

that "...the best form of revenge is to go on and lead a fabulous life."

Dealing first with the complaint that standard G9 was breached, TV3 pointed out that

taking revenge was not of itself a criminal act. Further, it suggested, the item was not

intended to be taken seriously and, by including the warning at the start of the item,

took steps to ensure that the methods of revenge were not acted upon.

The Authority considers that adequate care was taken - by the provision of a warning

advising caution – to satisfy the requirements of standard G9. It makes no finding on

whether the acts were criminal and invited imitation. It also observes that the

psychologist emphasised that the best revenge was "to go on and lead a fabulous life".

Turning to standard G13, TV3 rejected the proposition that the item portrayed men as

inferior or encouraged discrimination against them. It pointed out that the segment was

matched, later in the programme, by a piece which presented a male perspective.

The Authority agrees that standard G13 was not contravened. In its view, there was

nothing in the item to suggest that men were inferior or which discriminated against

them.

With respect to the complaint under standard G17, TV3 pointed out that the standard

was not relevant because it applies only to news, current affairs or documentary

programmes, and Sex/Life did not fit into any of those categories. Furthermore, it

continued, the women who described acts of revenge they had taken were identified

only by their first names, and their partners were not identified in any way. The

Authority concludes that none of the standards cited was breached.

 

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

complaint.


Signed for and on behalf of the Authority

 

Judith Potter
Chairperson
20 March 1997

Appendix


Mr L Carter's Complaint to TV3 Network Services Ltd - 5 December 1996

Mr Carter of Rotorua complained to TV3 Network Services Ltd about the episode of

Sex/Life broadcast on 4 December 1996 at 8.30pm. That episode discussed methods of

seeking revenge on current or former partners.

Mr Carter suggested the motivation for the item might have come from a recently

released film. He wrote:

It may be claimed that this was an amusing subject, but consider if it had been

males being instructed how to harass women and damage their property.

Would men escape the attention of the law, as women seem to?

I think the whole segment was irresponsible, incredibly stupid and biased, and

encouraging of criminal activity.

In a second letter, dated 14 December, Mr Carter suggested that the item was in breach

of standard G9 (which refers to explaining techniques of crime). In a later letter, dated

29 December, he argued:

The women were presented as resourceful, imaginative and to be congratulated,

and made objects of admiration for the damage they had inflicted. If males had

behaved in a similar fashion they would have been presented as violent

intimidating bullies. The law would have been quickly invoked and they would

have been charged. No such result for the female specimens in the programme.

In addition to standard G9, Mr Carter suggested that standards G13 and G19 were also

relevant.

TV3's Response to the Formal Complaint - 16 January 1997

TV3 noted that Sex/Life was an AO rated programme which was always preceded by a

warning that some content may offend. It pointed out that the "She Says" piece was

preceded by a warning which said: "by the way, there are some desperate measures in

this next story we don't recommend you try."

TV3 pointed out that a qualified psychologist discussed how women needed to express

their anger caused by being betrayed by their partners, and the item looked at different

levels of betrayal and the possible levels of revenge. According to the psychologist,

thinking and plotting about revenge was a constructive thing to do about anger. The

item, it continued, depicted the plotting. It wrote:

The revenge acts are flights of fancy - not to be taken literally as illustrated by

the warning at the beginning, and even the filming techniques of the "acts"

which make them unrealistic. The acts of revenge shown are not innovative,

new techniques and are already part of society's common knowledge. They are

not intended to be taken seriously, but talking about them is a legitimate

expression of anger and hurt that a viewer may relate to. Of course "revenge"

of itself is not a criminal act. The piece finishes by stating that, "the best form

of revenge is to go on and lead a fabulous life."

TV3 argued that both the "She Says" and "He Says" items were intended to be viewed

with a sense of humour and not taken literally. Because there was a warning to ensure

the methods of revenge were not acted upon, and "living a fabulous life" was promoted

as the best method of revenge, TV3 declined to uphold the complaint that standard G9

was breached.

Turning to standard G13, TV3 did not consider the item portrayed men as inferior, or

encouraged discrimination. It noted that there was a corresponding "He Says" item

later in the programme.

As far as standard G17 was concerned, TV3 pointed out that the standard applies to

news, current affairs and documentaries and that the programme was none of these.

The item was seen from a woman's point of view, but did not deal with anyone who

could be identified.

Mr Carter's Referral to the Broadcasting Standards Authority - 21

January 1997

In a letter received on 22 January, Mr Carter advised that he was dissatisfied with

TV3's decision and referred it to the Authority under s.8(1)(a) of the Broadcasting Act

1989.

TV3's Response to the Authority - 4 February 1997

TV3 advised that it had no further comment to make.