BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

A promo for Naked and Afraid of Love aired during the programme Aussie Gold Hunters at 5.56pm on Three. The Authority did not uphold a complaint the promo breached the good taste and decency and children’s interests standards as it was consistent with the PG classification for Aussie Gold Hunters and was unlikely to cause widespread undue offence or distress.

Not Upheld: Good Taste and Decency, Children’s Interests

The broadcast

[1]  On 25 October 2021 at 5.56pm, during the broadcast of the programme Aussie Gold Hunters on Three, a promo of Naked and Afraid of Love was aired.

[2]  The promo contained clips of participants in the show who were naked, including footage of them running, posing and embracing. Breasts and genitals were blurred throughout the promo. Several shots included participants’ naked buttocks. A voiceover (broken up by quotes from contestants) said, ‘Sixteen naked strangers... will bare it all...  for a chance at love.  This is dating... gone wild. Naked and Afraid of Love…’

[3]  Aussie Gold Hunters is classified PG¹ and Naked and Afraid of Love is classified M² with the advisory symbol C³.

The complaint and the broadcaster’s response

[4]  Matt Danes complained the promo breached the good taste and decency and children’s interests standards for the following reasons:

• The promo was not suitable for children and should not have been aired during a PG show.
• The promo featured ‘sexual images and what is essentially soft-porn on free to air TV’.
• The timing of the promo was inappropriate given its nature.

[5]  Discovery NZ Ltd (Discovery) did not uphold the complaint for the following reasons:

• ‘…the promo was correctly classified and was suitable to air during Aussie Gold Hunters which is classified PG’.
• ‘The Naked and Afraid of Love promo did not feature any full or sexual nudity, overtly sexual material or violence that exceeded the boundaries of the PG classification.’
• ‘Significant care was taken with the editing and blurring of this promo to ensure no full nudity or explicit sexual material was shown.’
• ‘Many of the promos that air during Aussie Gold Hunters are for programmes targeting adult viewers - which is a necessity given adults are the target audience for many of Three’s shows.’
• ‘…we do not consider that the content of this promo was likely to unduly disturb or offend most regular viewers including children subject to the guidance of a parent or other adult’.

The standards

[6]  The children’s interests standard⁴ requires broadcasters 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.⁵

[7]  The good taste and decency standard⁶ states current norms of good taste and decency should be maintained, consistent with the context of the programme. The standard is intended to protect audiences from content likely to cause widespread undue offence or distress, or undermine widely shared community standards.⁷

Our analysis

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

[9]  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.⁸

[10]  The children’s interests standard requires promos for programmes to comply with the classification of the programme during which they screen. Extra care should be taken in scheduling promos in programmes specifically aimed at child viewers so that the themes and material shown in the promo is not inappropriate for child viewers.⁹

[11]  Aussie Gold Hunters is rated PG – Parental Guidance. This means parental guidance is recommended for younger viewers. Programmes rated PG can include material more suited for mature audiences but not necessarily unsuitable for child viewers when subject to the guidance of a parent or an adult.¹⁰

[12]  The question for us is whether the promo for Naked and Afraid of Love was consistent with the PG classification of Aussie Gold Hunters. We find it was. We have previously found mild and inexplicit sexual references and revealing clothing will not unduly disturb child viewers and are consistent with a G classification.¹¹ Given this, we consider showing people naked with breasts and genitals blurred is not inconsistent with a PG classification. We also considered the following factors:

• The promo was 30 seconds long and aired at 5.56pm in the lead up to the 6pm news broadcast.
• The promo was significantly edited for the purpose of airing during an early timeslot, as submitted by the broadcaster.
• The promo aired on Three which is aimed at a general audience.
• The nudity in the promo was limited to buttocks, with any shots of breasts and genitals blurred and many shots avoiding these areas of the body.
• The promo did not contain any sexual innuendo.¹²

[13]  We also used the above factors to consider whether the broadcast was likely to cause widespread undue offence under the good taste and decency standard, or any specific harm to child viewers. We are satisfied the broadcast was unlikely to cause harm at a level requiring regulatory intervention. The PG classification means broadcasters can expect parents or caregivers to be supervising children viewing such content. The promo for Naked and Afraid of Love was brief and would not unduly disturb supervised child viewers.

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

Susie Staley
Chair
9 February 2022    

Appendix

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

1  Matt Danes’ formal complaint – 25 October 2021

2  Discovery’s response to the complaint – 17 November 2021

3  Danes’ referral to the Authority – 17 November 2021

4  Discovery’s confirmation of no further comments – 3 December 2021

¹ PG (Parental Guidance) are programmes containing material more suited for mature audiences but not necessarily unsuitable for child viewers when subject to the guidance of a parent or an adult. PG programmes may be screened at any time. (Guideline 2a)
² The M (Mature Audiences) classification means the programme might contain violence, sexual material, offensive language, adult themes, nudity, or other content that some children and parents find challenging. The programme may contain content with a moderate impact and themes that require a mature outlook. M programmes may be screened between 9am and 3pm on weekdays (except during school and public holidays, as designated by the Ministry of Education) and after 7.30pm until 5am. (Guideline 2a)
³ The symbol C indicates the content may offend. (Guideline 2g)
⁴ Standard 3 of the Free-to-Air Television Code of Broadcasting Practice
⁵ Guideline 3a
⁶ Standard 1 of the Free-to-Air Television Code of Broadcasting Practice
⁷ Commentary: Good Taste and Decency, Broadcasting Standards in New Zealand Codebook, page 12
⁸ Freedom of Expression: Broadcasting Standards in New Zealand Codebook, page 6
⁹ Guideline 3i
¹⁰ Definitions, Broadcasting Standards in New Zealand Codebook, page 9
¹¹ See Sta. Lucia and MediaWorks TV Ltd, Decision No. 2019-048 at [33]
¹² Compare with Eastman and Television New Zealand Ltd, Decision No. 2019-111, which was not upheld under the children’s interests standard, as the sexual innuendo was unlikely to be understood by child viewers.