BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.]

The Authority considered a complaint about a promo for Taskmaster which was aired during the programme Breakfast (unclassified) at 7.30am, and a promo for My Life is Murder which was aired during the programme The Chase (rated G) at 5.35pm. The Authority did not uphold the complaint that these promos, which contained brief sexual references, breached the children’s interests standard. It found the references were mild and inexplicit, were not likely to alarm or distress children, and met the requirements for a G classification.

Not Upheld: Children’s Interests

The broadcast

[1] On 18 August 2021 at 7.30am, during the programme Breakfast, a promo for Taskmaster was aired. The promo contained the following dialogue:

Matt Heath:     Is there anything sexual happening between you and Hilary Barry?

Jeremy Wells: Maybe.

[2]  On 23 August 2021 at 5.35pm, during the gameshow The Chase, a promo for My Life is Murder was aired, with the following dialogue:

Woman 1:       I will come after you.

Alexa Crowe:  You know I’m strangely aroused by that.

The complaint

[3]  Ben Carswell complained the promos breached the children’s interests standard. He argued:

• The promos were inappropriate for children as they both included sexualised comments.
• The promos were screened during Alert Level 4 lockdown at times when it was highly likely children would be watching.
• Even if Breakfast and The Chase are not aimed at children and are predominantly viewed by adults, there were still likely to be children watching.

The broadcaster’s response

[4]  Television New Zealand Ltd (TVNZ) did not uphold the complaint for the following reasons:

• Breakfast and The Chase are aimed at, and viewed by, predominantly adult audiences. Children are unlikely to be watching these programmes without adult supervision.
• Both programmes air on TVNZ 1 which is also viewed by predominantly adult audiences.
• It considered the promos were suitable for the G/PG timeband in which they played.
• ‘The comments in the promos are both intended to be humorous, they are not graphic or inappropriately adult and the words used “aroused,” and “sexual” are acceptable in the context of the G and PG timeband.’
• ‘The scenarios in both promos are not sexualised, the participants in the promos are fully clothed in a public place and there is no sexual behaviour occurring.’

The standard – children’s interests

[5]  The children’s interests standard¹ requires broadcasters to ensure children are protected from broadcasts which might adversely affect them. Material likely to be considered under this standard includes violent content or themes, offensive language, social or domestic friction and dangerous, antisocial or illegal behaviour where such material is outside the expectations of the programme’s classification.²

[6]  In general, for free-to-air television, the standard will only apply during times that children are likely to be watching television. Usually, this will be before and after school up until 8.30pm.³

Our analysis

[7]  We have watched the broadcast and read the correspondence listed in the Appendix.

[8]  As a starting point, we considered the right to freedom of expression. It is our role to weigh up the right to freedom of expression against any harm potentially caused by the broadcast. We may only intervene when the limitation on the right to freedom of expression is reasonable and justified.⁴

[9]  The children’s interests standard requires promos for programmes to comply with the classification of the programme during which they screen.⁵

[10]  News and current affairs programmes such as Breakfast are not, because of their distinct nature, subject to classification. However, broadcasters must be mindful of children’s interests and promos broadcast during children’s normally accepted viewing times before 7.30pm must be classified G or PG.⁶

[11]  The Chase is rated G – approved for general viewing. Programmes rated G must exclude material likely to be unsuitable for children. Programmes may not necessarily be designed for child viewers but should not contain material likely to alarm or distress them.

[12]  In assessing whether the promos for Taskmaster and My Life is Murder were consistent with the above requirements, we took into account the following factors:

• The comments about ‘anything sexual happening’ and being ‘strangely aroused’ were mild and inexplicit sexual references.
• The comments were very brief.
• The people who made the comments were fully clothed, and were not engaging in any sexual behaviour.
• The reference made during the promo for My Life is Murder in particular would be unlikely to be understood by children.
• The promos were aired at times when children may be watching ie before and after school hours and during lockdown. However, the host programmes are both aimed at adult audiences, on a channel mainly viewed by an adult audience.

[13]  In this context, we are satisfied the promos met the requirements for a G classification and did not contain material likely to alarm or distress children. We note that we have previously found mild and inexplicit sexual references to be consistent with a G classification.⁷

[14]  Overall, we are satisfied the broadcast was unlikely to cause harm to children and that regulatory intervention is not required in this case.

For the above reasons the Authority does not uphold the complaint.
Signed for and on behalf of the Authority

Susie Staley
Acting Chair
1 December 2021   

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1  Ben Carswell’s complaint to TVNZ – 23 August 2021

2  TVNZ’s response to complainant – 20 September 2021

3  Carswell’s referral to the Authority – 20 September 2021

4  TVNZ confirming no further comments – 31 August 2021

5  Carswell’s final comments – 23 September 2021

6 TVNZ’s response to enquiry re classifications – 27 October 2021

¹ Standard 3 of the Free-to-Air Television Code of Broadcasting Practice
² Guideline 3b
³ Definitions: Broadcasting Standards in New Zealand Codebook, page 9
⁴ Freedom of Expression: Broadcasting Standards in New Zealand Codebook, page 6
⁵ Guideline 3i
⁶ Guideline 2j
⁷ Eastman and Television New Zealand Ltd, Decision No. 2019-111