BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

A song entitled Closer by the group Nine Inch Nails which was broadcast by 9inety6ixdot1 on 2 February 1999 at around 5pm contained the lyrics "I want to fuck you like an animal".

Mr Calver of Auckland complained to 9inety6ixdot1, the broadcaster, that the lyrics were inappropriate to be broadcast, as they offended against the observance of good taste and decency. He also complained that the lyrics had "connotations of a certain level of violence" which was inappropriate for the time of the day the song was broadcast.

9inety6ixdot1 denied that the lyric "I want to fuck you like an animal" encouraged violence. It contended that the lyric "must be read – and heard – in relation to the station’s intended audience" and, therefore, that it complied with the good taste standard in the context of its audience. The broadcaster also stated that songs played were not assigned to particular hours of the day. If a listener found a song offensive it was expected that they would switch stations, it wrote.

Dissatisfied with The Radio Network’s decision, Mr Calver referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons below, the Authority upholds the complaint that the broadcast breached standards R2 and R3 of the Radio Code of Broadcasting Practice. It orders The Radio Network Ltd to pay the sum of $500.00 by way of costs to the Crown.

Decision

The members of the Authority have listened to the item 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.

"I want to fuck you like an animal" is a line in a song called Closer by the group Nine Inch Nails. The song was broadcast on 2 February 1999 at around 5pm by 9inety6ixdot1, a radio station operated by The Radio Network Ltd.

Mr Calver complained to 9inety6ixdot1 that the lyrics of the song did not satisfy the requirement to observe standards of good taste and decency. Given the often aggressive, frequent usage of the word "fuck", he also argued that the lyrics carried connotations of violence. The latter, combined with the time the song was broadcast, compelled him to make a formal complaint, he wrote.

9inety6ixdot1 responded that it did not agree with Mr Calver’s position. It wrote that the song did not "breach broadcasting standards" and that the song was "appreciated by a large number of listeners". While the station understood that some people could be offended by the song, it believed that listeners were afforded control by being able to switch stations. With respect to the complainant’s assertion that the lyric encouraged violence, the broadcaster noted that it would not broadcast "material that encourages the use of violence or aims to blunt human sensitivities". It therefore declined to uphold any aspect of Mr Calver’s complaint.

In his referral to Authority, Mr Calver wrote that he had heard the same song twice during early evening broadcasts since he had made the complaint. Mr Calver subsequently submitted that the remedy – that of switching channels - suggested by 9inety6ixdot1 was unacceptable. He said that commercial pressures would place other stations under the obligation to follow suit and also air objectionable material. He asked where the next line on sexually explicit lyrics was to be drawn, if this type of content were to be allowed.

In its response to the Authority, 9inety6ixdot1 reiterated that the song Closer by Nine Inch Nails was appropriate for public broadcast "in the context of 9inety6ixdot1 product". It also wrote that it would continue to play the song "as long as the majority of our audience continue to enjoy it".

The Authority’s Findings

The Authority has considered Mr Calver’s complaint under standards R2, R3 and R22 of the Radio Code of Broadcasting Practice. Standards R2 and R3 require broadcasters:

R2  To take into consideration currently accepted norms of decency and good taste in language and behaviour, bearing in mind the context in which any language or behaviour occurs.

R3  To be mindful of the effect any programme may have on children during their generally accepted listening periods.

The other standard reads:

R22  The use of violence in any programme should aim to sharpen not to blunt human sensitivities and its inclusion can only be justified in the dramatic context in which it is heard.

First, the Authority notes that the song complained about by Mr Calver contained explicit sexual content beyond the actual phrase cited by the complainant. It further notes that the response of the broadcaster was cursory in that it failed to address the complaint in terms of the relevant standards. The broadcaster’s submission that the lyrics were permissible because of the apparent enjoyment of the song by the majority of its audience does not discharge it from observing the Radio Code of Broadcasting Practice, the Authority observes.

Turning to standard R2, the Authority believes that the song does not meet the requirements of good taste and decency. The song contained sexually explicit lyrics and was offensive. Furthermore, the song’s lyric complained about was frequently repeated. The impact of the song’s lyrics, the Authority believes, was designed to be provocative.

The Authority now deals with the complaint under standard R3. It concludes that the broadcast of the song at approximately 5pm did not demonstrate that 9inety6ixdot1 was mindful of the accepted listening hours of children.

In its deliberations, the Authority has been guided by its research on community attitudes towards broadcasting standards. This research suggests that the use of the word "fuck" and its derivatives is still considered objectionable by most people.

With respect to the Standard R22 aspect of the complaint, the Authority does not believe it to be relevant. It declines to uphold this aspect of the complaint.

For reasons set forth above, the Authority upholds the complaint that the broadcast of the song Closer on 9inety6ixdot1 breaches standards R2 and R3 of the Radio Code of Broadcasting Practice. It declines to uphold any other aspects of the complaint.

Having upheld a complaint, the Authority may make orders under s.13(1) and s.16 of the Broadcasting Act. It invited parties to make submissions on the question of penalty.

Having considered the submissions, and in view of previous decisions with lyrics of popular songs, the Authority considers that the following order is appropriate.

Order

Pursuant to s.16(1) of the Broadcasting Act 1989, the Broadcasting Standards Authority orders The Radio Network Ltd to pay, within one month of the date of this decision, the sum of $500.00 by way of costs to the Crown. This order shall be enforceable in the Auckland District Court.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
14 June 1999

Appendix

The following correspondence was received and considered when the Authority determined this complaint:

1. Mike Calver’s Complaint to 9inety6ixdot1 – 10 February 1999

2. 9inety6ixdot1’s response to the Formal Complaint – 8 March 1999

3. Mr Calver’s Referral to the Broadcasting Standards Authority – 12 March 1999

4. 9inety6ixdot1’s Response to the Authority – 23 March 1999