BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

India and Indians were the theme of What Now on 6 November 1993. What Now is a

programme for children broadcast on Channel Two between 8.00–11.00am each

Saturday morning.

Mr Theodore complained to Television New Zealand Ltd that the broadcast ridiculed

Indian customs, practices and culture, was racist and denigrated Indians.

Explaining that the theme was chosen as one of the presenters had recently visited India,

TVNZ admitted that the sketches were "corny" but, it added, were delivered in a good-

natured manner and would not have incited racial intolerance. Dissatisfied with TVNZ's

decision, Mr Theodore referred his complaint to the Broadcasting Standards Authority

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

For the following reasons, the Authority upheld the complaint that the broadcast

denigrated Indians in contravention of standard G13 of the Television Code of

Broadcasting Practice.

Decision

The members of the Authority have viewed the entire programme, have read a transcript

of the aspects of the item and the jokes which referred to India and have read the

correspondence (summarised in the Appendix). As is its usual practice, the Authority has

determined the complaint without a formal hearing.

The children's programme What Now which screened on Channel Two between 8.00–

11.00am on Saturday 6 November 1993 focused on India and Indians. In some of the

portrayals the presenters appeared in Indian costumes and spoke in what Mr Theodore

called "ridiculous" accents. Mr Theodore considered that the programme ridiculed Indian

customs, practices and culture. None of the routines, he added, was remotely funny or

particularly accurate and he complained that they denigrated Indians in breach of

standard G13 of the Television Code of Broadcasting Practice.

In his complaint to TVNZ, Mr Theodore said that a similar portrayal of Maori would

provoke an outrage and he thought a public apology would be appropriate.

TVNZ explained that the Indian theme which ran through the programme was a

consequence of one of the presenter's World Vision sponsored trip to India. Maintaining

that New Zealanders of all cultures had a long tradition of laughing at their own expense,

TVNZ argued that the corny jokes directed at a youthful audience were without malice

and delivered in an affectionate and good natured manner.

TVNZ assessed the complaint under standard G13 of the Television Code of Broadcasting

Practice which at the time of the broadcast complained about required broadcasters:

G13 To avoid portraying people in a way which is likely to encourage

denigration of or 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.

On the basis that the jokes would not incite racial hatred or intolerance and did not

breach the Authority's standard of denigration which amounted to the blackening of a

group's reputation, TVNZ declined to uphold the complaint.

When he referred the complaint to the Authority, Mr Theodore accepted that New

Zealanders laughed at themselves but pointed out that the programme involved Pakeha

New Zealanders parodying Indians. Describing the tone of TVNZ's letter as "arrogant and

smugly self-assured", Mr Theodore stated that TVNZ's Complaints Committee lacked the

sensitivity to judge what was racially offensive.

In its reply to the Authority, TVNZ enclosed a transcript of the jokes complained about and

emphasised that they were targeted at children.

In his final comment, Mr Theodore implored the Authority to use New Zealand Indians to

judge the complaint. There are no members of the Authority with an Indian background

and the Authority adopted the following practice to ensure that it considered the variety of

views held by a number of members of the New Zealand Indian community. The

Authority specifically discussed the What Now programme broadcast on 6 November with

Indians resident in New Zealand, especially those with children who were likely to watch

What Now. The range of opinions gathered have been taken into account in the

Authority's decision. Moreover, the Authority has discussed the programme complained

about with a group of young secondary school students from a variety of cultural

backgrounds – including Indian.

In its assessment of the complaint, the Authority has concentrated on the fact that What

Now is a programme made for children. With regard to the broadcast complained about,

the Authority noted that it contained useful information about India and Indians which,

unusually, focused on neither tourist spectacles nor poverty. The Authority then

proceeded to decide whether the "jokes", described as corny by TVNZ, were insensitive to a

degree that Indians were denigrated. It decided that they were on the basis that those who

produce children's programmes should be particularly careful about the treatment of

minorities to ensure that programmes did not encourage children to make fun of their

contemporaries.

As well as the presenters and other actors wearing Indian-style clothing, they spoke in

such a way as to imitate Indian speakers of English. Although the use of accents can be

the basis for comedy especially for adults who realise they are usually only a short-hand

method of representing a group, accents can also be used to mock. In this instance, taking

into account the variety of views gathered, the Authority decided that the portrayal to

young viewers of non-Indians speaking in this manner had the effect of ridiculing Indians

because such viewers might not appreciate that the use of accents was only a symbol

rather than a representation of the entire person.

In conclusion, the Authority was impressed with the quality of the information conveyed

in the majority of the programme apart from that contained in the "Indian" skits.

However, the jokes were in bad taste and the Authority concluded that the use of accents

in a programme directed at children made fun of Indians to the extent that it contravened

standard G13 of the Television Code.

For the reasons given above, the Authority upholds the complaint that the

broadcast by Television New Zealand Ltd of What Now on Saturday 6

November 1993 breached standard G13 of the Television Code of

Broadcasting Practice.

Having upheld a complaint, the Authority may make an order under s.13 (1) of the

Broadcasting Act. On the basis that this breach was not a major contravention of the

standard and that the unsavoury aspects of the item were balanced to some extent by the

valuable information which the programme contained, the Authority decided not to

impose an order.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
26 May 1994

Appendix

Mr Theodore's Complaint to Television New Zealand Limited

In a letter dated 12 November 1993, Mr Rajit Theodore of Wellington complained to

Television New Zealand Ltd about the children's programme What Now broadcast on

Channel Two from 8.00 - 11.00am on Saturday 6 November.

Noting that India and Indians were the programme's theme, Mr Theodore said that the

item involved a tour of parts of India and the portrayal of Indians. He continued:

In these portrayals the presenters appeared in Indian costumes with browned-over

faces and spoke in ridiculous accents which effectively rubbished and ridiculed

Indian customs, practices and culture. As a New Zealand Indian I found these

portrayals to be racist and denigrating to my people.

The routines, he added, were neither funny nor satirical.

He questioned the impact of the programme on New Zealand Indian children and argued

that the stereotypical portrayals nurtured racist stereotypes and cultural insensitivity. A

similar portrayal of Maori, he maintained, would result in an outrage.

He complained that the programme breached standard G13 of the Television Code of

Broadcasting Practice and said a public apology was necessary. Pointing out that television

was able to influence children, he sought, in addition, a promise that television would stop

the racist ridicule of Indians.

TVNZ's Response to the Formal Complaint

TVNZ advised Mr Theodore of its Complaints Committee's decision in a letter dated 16

December 1993.

Agreeing that India was the theme that ran through the programme, TVNZ explained that

that had occurred because presenter Catherine MacPherson had recently visited the

country sponsored by World Vision. The programme had included material filmed during

the trip.

TVNZ argued that New Zealanders of all cultures had a long tradition of laughing at their

own expense and referred to a number of programmes and also to the large number of

Australian jokes. It concluded:

The [Complaints] Committee noted that the sketches in "What Now" were decidedly

corny as might be expected given the youthful audience at which the programme is

directed. But the jokes were without malice and were delivered in an affectionate

and good natured manner.

TVNZ also referred to the Authority's previous decisions that denigration occurred only

when the reputation of a group or individual was "seriously blackened" and expressed the

opinion:

It is the view of the Committee that the jokes contained in "What Now" were not of

the type which would incite racial hatred or intolerance. It believes that New

Zealanders will not feel any less well inclined towards their fellow countrymen of

Indian descent for having heard those jokes. Consequently denigration could not

be said to have occurred.

Noting that World Vision had approved the way that What Now had handled the Indian

theme, TVNZ apologise to Mr Theodore that he had taken offence but concluded that the

standards had not been breached.

Mr Theodore's Complaint to the Broadcasting Standards Authority

Dissatisfied with TVNZ's decision, in a letter dated 11 January 1994, Mr Theodore referred

his complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989.

Agreeing with TVNZ that New Zealanders had a tradition of enjoying laughter at their

own expense, Mr Theodore pointed out that the item involved Pakeha New Zealanders

(not Indian New Zealanders) parodying Indian New Zealanders. He noted that the

Complaints Committee apparently comprised "whites Only" but had the "audacity and

insolence" to know what was racially offensive to New Zealand Indians.

As for World Vision's approval of the programme, Mr Theodore maintained that TVNZ

should act with integrity and professionalism rather than reply after a "smugly self-

satisfied" examination of its programme.

TVNZ's Response to the Authority

As is its practice, the Authority sought the broadcaster's response to the complaint. Its

letter is dated 12 January 1994 and TVNZ's reply, 21 January.

Emphasising that the jokes and sketches tended to be "corny" as they were aimed at

children, TVNZ urged the Authority to view the jokes in context. It also enclosed a

transcript of the jokes in question and a copy of the letter received from Mr Charman of

World Vision.

Mr Theodore's Final Comment to the Authority

When asked to comment on TVNZ's reply, in a letter dated 24 February 1994 Mr

Theodore raised questions about the usefulness of Mr Charman's letter. He urged the

Authority to involve New Zealand Indians in the determination of his complaint.