BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

All BSA's decisions on complaints 1990-present

Bannatyne and Television New Zealand Ltd - 1994-134


Summary

Some of the children's programmes screened on Channel 2 over a four day period

between 25 and 28 June included Sonic the Hedgehog, Captain N, Swat Cats, King

Arthur and the Knights of Justice, James Bond Junior and Mighty Morphin Power

Rangers.

Ms Bannatyne complained to Television New Zealand Ltd, the broadcaster, that these

programmes were unsuitable for children under 8 years of age because they relied on

violence for their main themes and contained inappropriate language. She suggested

that such programmes offered poor role models for children and were generally of a

poor quality with trite, trivial story lines. She requested that they be discontinued.

In response, TVNZ advised that none of the programmes was in breach of any

broadcasting standards and, further, that many of them provided entertaining and

stimulating viewing for young minds. It observed that two of the programmes were

based on video games familiar to many children, one was based on a classical story,

two were action fantasy programmes and the series Mighty Morphin Power Rangers

offered positive role models for children. It declined to uphold the complaint.

Dissatisfied with that decision, Ms Bannatyne 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 upheld the complaint that the programmes

King Arthur and the Knights of Justice, Swat Cats and Captain N were not suitable

for preschoolers and, in the absence of a warning to that effect, breached standard

G12 of the Television Code of Broadcasting Practice. Further, it upheld the complaint

that standard V10 was breached because of the impression of excessive violence given

as a result of back to back screening of King Arthur and the Knights of Justice and

Swat Cats.


A majority upheld the complaint that the broadcast of King Arthur and the Knights of

Justice breached standard V18 and the aspect of standard V10 that requires a single

programme to avoid giving an impression of excessive violence.

A majority declined to uphold the complaint that standard V18 was breached by Swat

Cats and the Authority unanimously declined to uphold any other aspect of the

complaint.


The Authority notes that it dealt with the series Mighty Morphin Power Rangers in

Decision Nos: 81/94–84/94 and it has not considered this programme in its decision.


Decision

The members of the Authority have viewed a tape of each of the programmes and

have read the correspondence (summarised in the Appendix). As is its practice, the

Authority has determined the complaint without a formal hearing.

Six of the children's programmes broadcast by Television New Zealand Ltd on

Channel 2 between 25 and 28 June 1994 included Sonic the Hedgehog (25 June at

7.30am), Captain N, Swat Cats, King Arthur and the Knights of Justice (26 June at

7.20am, 8.30am and 8.55am respectively), James Bond Junior (daily on weekdays at

7.30am) and Mighty Morphin Power Rangers (daily on weekdays at 4.30pm). All of

the programmes, except Mighty Morphin Power Rangers were cartoons, three of them

featuring fantasy creatures and animals and two featuring human characters. Two of

the programmes, Sonic the Hedgehog and Captain N were based on video games, while

Swat Cats and James Bond Junior were action fantasy programmes. King Arthur and

the Knights of Justice was loosely based on the classical tales and the series Mighty

Morphin Power Rangers featured teenaged heroes who turned into power rangers and

saved the world from attack by agents of evil.

Ms Bannatyne complained to TVNZ that none of these programmes was suitable for

children under 8 years of age. She observed that all relied on violence and chases for

their main action and that the characters usually yelled abuse at each other. She

criticised TVNZ for the generally poor quality of the programmes, the trite and trivial

story lines and the quantity of harmful material being fed to children. She suggested

that all of the programmes be discontinued and substituted by more positive non-

violent programmes which were more appropriate for role modelling and

entertainment. Ms Bannatyne maintained that eight broadcasting standards were

breached by these programmes.

Commenting first that Ms Bannatyne had been very selective in choosing, from the

extensive range of programmes offered for children, only these programmes, TVNZ

observed that it did not pretend that it could please all viewers all the time, and

acknowledged also that the quality of the programmes varied. It reported that it had

assessed the complaint on the basis of the standards of the Television Code of

Broadcasting Practice cited by Ms Bannatyne, which require broadcasters:

G2  To take into consideration currently accepted norms of decency

and taste in language and behaviour, bearing in mind the context

in which any language or behaviour occurs.

G12 To be mindful of the effect any programme may have on children

during their normally accepted viewing times.

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 remaining standards read:

V2  When obviously designed for gratuitous use to achieve heightened

impact, realistic violence – as distinct from farcical violence – must be

avoided.

V6 Ingenious devices for and unfamiliar methods of inflicting pain, injury

or death, particularly if capable of easy imitation, must not be shown,

except in exceptional circumstances which are in the public interest.


V10 The cumulative or overall effect of violent incidents and themes in a

single programme, a programme series or a line-up of programmes back

to back, must avoid giving an impression of excessive violence.

V16 Broadcasters must be mindful of the effect any programme, including

trailers, may have on children during their generally accepted viewing

periods, usually up to 8.30pm, and avoid screening material which

could unnecessarily disturb or alarm children.

V18 Cartoons must avoid excessive violence, especially those featuring

humans and human-like creatures and depicting realistic story lines as

opposed to clearly fanciful or farcical themes.


TVNZ's response to Ms Bannatyne's arguments and the Authority's conclusions are

set out below. The Authority records that since a decision about the series Mighty

Morphin Power Rangers (Decision Nos 81/94–84/94) has already been released it will

not determine that aspect of the complaint. The complainant was aware of the

outcome of the decision at the time she referred her complaint to the Authority.

Standard G2 (good taste and decency)


Ms Bannatyne suggested that the programmes offered poor role models for social

behaviour because of the way the characters treated each other. In particular, she cited

an instance in James Bond Junior where expressions such as "Shut your trap" and

"Shut up you idiot" were used, and in Captain N where characters were called names

such as "you blockhead" and "you putrid puzzle". Ms Bannatyne argued that since

the general message was derogatory and demeaning, standard G2 was breached.

TVNZ reported that it found nothing in any of the programmes which would offend

currently accepted norms of decency and taste.

Acknowledging that it was unfortunate that children were exposed to such abusive

interchange between characters, nevertheless the Authority decided that the language

objected to, while discourteous and immoderate, was not sufficiently removed from

children's colloquial speech as to constitute a breach of standard G2. Accordingly, it

declined to uphold that aspect of the complaint.

Standard G12 (mindful of effect on children)


Ms Bannatyne argued that all of the programmes were in breach of this standard

because they were all shown during normally accepted viewing times for children. In

particular, she suggested that poor social role models were offered and there was a

concentration on the use of violent means for resolution of problems. She repeated

that none of the programmes was suitable for children under the age of 8 years.

TVNZ assured Ms Bannatyne in its response that a great deal of thought and planning

went into the scheduling of its children's programmes. It believed that nothing in any

of the programmes suggested that the programmers had not been mindful of the

audience and declined to uphold the complaint. TVNZ added that most of the

programmes identified by Ms Bannatyne were intended for children older than pre-

schoolers and observed that it was the responsibility of parents to ensure that what

their children watched was appropriate for their age group. It asserted that it was not

a babysitting service and considered that it would be socially undesirable to ever admit

to being one.

Acknowledging TVNZ's argument that it was not a babysitting service and did not

purport to be one, the Authority nevertheless considered that the reality was that

parents of younger children probably had a legitimate expectation that cartoons

screened early every morning and on weekday afternoons would be suitable for

children of all age groups and that younger children would be able to watch television

at that time without parental supervision. The Authority also considered that there

was a place for programmes that simply provided entertainment for children, and that

it was not necessary that all children's programmes were serious and educational.

However, as TVNZ itself acknowledged, the quality of the programmes offered was

not uniform. Many, including Swat Cats and King Arthur and the Knights of Justice

contained repetitive and prolonged incidents of violence.

If, as TVNZ asserted, (and the Authority agreed) some of the programmes complained

about were not intended for the preschool audience, the Authority considered that

parents should be so advised. In its decision on the series Mighty Morphin Power

Rangers (Decision Nos 81/94–84/94), the Authority wrote:

There was no dispute that 4.30pm was considered to be a normally accepted

viewing time for children. However the Authority expressed surprise that

TVNZ considered that it could provide children's programming at that time of

day which would not be seen by many pre-schoolers. If, as was suggested, the

programme was intended for older children only, the Authority considered it

would have been appropriate to advertise it as such so that at least parents of

younger children would be aware that it was unsuitable for that age group.


The Authority considered that parents had an important role in monitoring and

supervising children's viewing and believed it was the responsibility of parents of

preschoolers to determine the suitability of the programmes watched by their children.

However, it believed it was contrary to the purpose of much children's programming

that they should have to watch all of the offerings that were provided for children in

order to assess whether or not they were suitable. The Authority considered that

parents required more specific information regarding the suitability of programmes so

that they could exercise discretion on behalf of their younger children and that it was

TVNZ's responsibility to make such information available. It acknowledged TVNZ's

argument that not all the programmes it provided were of equal quality and noted that

the programmes complained about were interspersed with others which were superior

and which provided entertaining stories or educational messages (for example,

Madeline and Barney).

Nevertheless, the Authority considered that it was necessary to warn parents of pre-

schoolers that programmes such as King Arthur and the Knights of Justice, Swat Cats

and Captain N were not suitable for that age group and the broadcaster, by failing to

give that warning, had not been mindful of the effect of the programmes screened.

Accordingly, the Authority upheld the complaint that standard G12 was breached.

Standard G13 (avoid encouraging discrimination)


Ms Bannatyne argued that the portrayal of the women characters in James Bond

Junior perpetuated stereotypes about women since they were represented as

subservient to the male characters who had the dominant roles.

TVNZ responded that the stereotypical characters in the cartoon James Bond Junior

were spoofs on the adult movie version. It noted that the two main women characters

in the episode complained about emerged as the heroes.

While observing that the women portrayed were not constructive role models for

children, and although it was aware that most children would lack the maturity to

recognise the genre and to understand the subtleties of that humour, the Authority

considered that the characters did not demean or discriminate against women.

Accordingly it declined to uphold the complaint that standard G13 was breached.

Standard V2 (gratuitous violence)


Arguing that violence was the main theme of all of the programmes complained about,

Ms Bannatyne maintained that the incidence of violence was gratuitous and thus was

in breach of standard V2. She asserted that even though some of the violence was

farcical to adult viewers, to children under 5 years who do not distinguish between

fantasy and reality, it was very real.

In particular, she argued that the violence shown in the episode of Swat Cats was

realistic, because the weapons and machines used were similar to those used in modern

warfare. She added that the episode of James Bond Junior featured realistic missiles

and fighting chases, and guns, bombs and missiles.

TVNZ, pointing out that the programmes nominated were all intended for older

children, stated that the programmes all relied on fantasy adventure. Further, it

maintained that the farcical violence was not gratuitous but was used simply to

advance the story and did not consider that standard V2 was breached.

The Authority subsumed this standard under standard V18 which is considered below.

It observed that the essence of both standards is the same but that standard V2 is a

general standard while standard V18 pertains specifically to cartoons.

Standard V6 (ingenious devices)

Ms Bannatyne stated that all of the programmes relied on "ingenious devices" to

ensure the demise of the villains. She observed that the end was usually signalled by

an explosion, a flash of light, a disappearance or a smash and argued that this

desensitised children to what really happened when someone was hurt or killed. She

argued that children incorporated such incredible endings into their fantasy play by

imitating them and noted in particular that the James Bond Junior episode cited

featured guns, bombs and explosives, all of which were capable of easy imitation. She

pleaded for television to portray a non-violent world as a role model for the young.

TVNZ considered that the special effects used eliminated the likelihood that they

would be imitated. It commented that the methods of inflicting pain were far-fetched

and fanciful, totally removed from the school room and the playground and

consequently not a breach of standard V6.

While it understood Ms Bannatyne's concerns about children imitating violent acts,

the Authority concluded that the standard applied primarily to the portrayal of

realistic events and accordingly, given the types of devices portrayed, it declined to

uphold this aspect of the complaint.

Standard V10 (cumulative effect of violent incidents and themes)


Ms Bannatyne argued that all of the programmes listed were in breach of this standard

because violence was the principal theme. Further, she argued that the standard was

breached by the repetitive use of violent themes in single programmes, and because the

back to back line-up of programmes, particularly on Sunday mornings, gave the

impression of unrelenting, repetitive and therefore excessive, violence.

TVNZ advised that because it did not find that the violence in these programmes went

beyond fantasy, it did not accept that there was any cumulative effect and it declined

to uphold the complaint that standard V10 was breached.

The Authority did not accept TVNZ's argument that because the programmes

contained fantasy, there was no cumulative effect. Although it is aware that violent

themes have often been a characteristic of cartoons, the Authority considered that the

standard would be breached if there was an excessive concentration of violent incidents

in a single programme, a programme series, or if the programmes containing violence

were shown back to back regardless of whether or not they contained fantasy

elements. It referred to the Introduction to the Violence Code which states:

Cartoons, which have always been especially popular with children, often

contain a level of violence which would not be acceptable in "real life"

programmes. Although cartoons are usually recognised by children, at least

older children, as being depictions of the unreal, care must be taken to avoid

story lines with a semi-serious tone which depend on repeated violent action

for interest and excitement.


A majority of the Authority considered that the story line of King Arthur and the

Knights of Justice breached standard V10 because its semi-serious theme depended on

repeated violent action for interest.

Further, the television schedules indicate that two of the programmes which contained

the most violent themes – Swat Cats and King Arthur and the Knights of Justice – were

broadcast consecutively on Sunday 26 June. The Authority unanimously decided that

the cumulative effect of these programmes back to back in the programming schedule

gave an impression of excessive violence and it upheld the complaint that standard

V10 was breached.

Standard V16 (avoid screening material which could unnecessarily disturb or alarm

children)

Commenting that the violence in these programmes could disturb or alarm younger

viewers, especially the under 5 year olds, Ms Bannatyne stated that children became

more violent or anti-social after watching them.

TVNZ argued that it was the responsibility of parents to ensure that under fives did

not watch programmes which were intended for older children and repeated that it was

not a babysitting service.

The Authority considered this standard in Decision Nos 81/94–84/94 where it wrote,

in relation to the series Mighty Morphin Power Rangers:

The Authority did not doubt the reports that children had been affected and

influenced by the series. However it did not believe that sufficed to constitute

a breach of the second part of standard V16. The Authority interprets the last

words of standard V16 to mean that broadcasters should avoid broadcasting

material which among other things may be "frightening to a degree that a

child's sense of security may be jeopardised" (Introduction to Violence Code).


The Authority records that it reached the same conclusion on this occasion and found

that because none of the programmes featured things which were so frightening to a

child that its sense of security would be jeopardised that standard V16 was not

breached. Although it declined to uphold the V16 complaint, it referred to its

discussion of the standard G12 aspect where it upheld the complaint that the

broadcaster had not been mindful of the effect of the programmes on younger children.

Standard V18 (cartoons must avoid excessive violence)

Ms Bannatyne maintained that this standard was breached because all of the

programmes relied on violence for their main themes. She noted that although not all

of the programmes contained humans or human-like creatures, even those which

contained animated creatures, such as Swat Cats and Sonic the Hedgehog were in

breach of the standard because they featured animated creatures which used human

speech and were therefore believable to children and could be incorporated into their

lives and play.

TVNZ rejected the complaint, explaining that all of the programmes were fantasy

adventures and the violence they contained was in the context of children's adventure

stories throughout the years. It did not accept that there was any "excessive violence"

or "realistic story lines".

A majority of the Authority was of the view that King Arthur and the Knights of

Justice was in breach of standard V18 because it was a cartoon which contained

excessive violence. In addition, it featured humans and human-like creatures and

incorporated a realistic story line. It upheld this aspect of the complaint.

The minority disagreed. It did not consider the violent incidents were excessive and,

noting that the fighting was highly exaggerated and stylised, that it was not realistic.

A majority of the Authority declined to uphold the complaint that Swat Cats was in

breach of standard V18 being of the view that it was so fanciful that it would be

unlikely to be regarded as realistic.

While declining to uphold the complaint that any other programme breached standard

V18, the Authority strongly disapproved of the use of the flick knife in James Bond

Junior because, although its appearance was relatively brief, it was a weapon readily

identifiable to children and capable of imitation.

Overall

The complaint was concerned about the quality of the programmes in addition to the

violent content. Having watched this selection, the Authority felt sympathy with Ms

Bannatyne's dissatisfaction as to the quality of some of the programmes available for

children. However, the quality of programming is a matter which is outside the

Authority's jurisdiction.

 

For the reasons set forth above the Authority upholds the complaint that the

broadcast by Television New Zealand Ltd of the programmes King Arthur and

the Knights of Justice, Swat Cats and Captain N on 26 June 1994 were not

suitable for pre-schoolers and in the absence of a warning to that effect

breached standard G12 of the Television Code of Broadcasting Practice.

Further, the impression of excessive violence given by the back to back

broadcast of King Arthur and the Knights of Justice and Swat Cats breached

standard V10 of the Television Code of Broadcasting Practice.

A majority upholds the complaint that the broadcast of King Arthur and the

Knights of Justice was in breach of standard V18 and the standard V10

requirement to avoid giving an impression of excessive violence in a single

programme.


A majority declines to uphold the complaint that the broadcast of Swat Cats was

in breach of standard V18.

The Authority unanimously declines to uphold any other aspect of the

complaint.


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

Broadcasting Act 1989. It does not intend to do so on this occasion as this is the first

time it has had to consider the matter of programmes and programming for pre-school

children and the effect of back to back programming of cartoons. Further, this decision

deals with cartoon programmes unlike the Mighty Morphin Power Rangers, which

featured actors, and therefore sets a benchmark for broadcasters in their selection and

programming of children's cartoons. The Authority advises however, that it expects

television broadcasters to provide clear guidelines to parents as a result of this decision

as to the suitability for preschoolers of children's programmes broadcast at times

popular with children ie weekday mornings and afternoons and

weekend mornings. In the spirit of discouraging violence it expresses the hope that

broadcasters will attempt to incorporate a greater range of non-aggressive programmes

in their children's schedules.

Signed for and on behalf of the Authority

 

Iain Gallaway
Chairperson
15 December 1994


Appendix

Ms Bannatyne's Complaint to Television New Zealand Ltd - 19 July 1994

Ms Kay Bannatyne of Whitby complained to Television New Zealand Ltd that it had

failed in its responsibility to maintain standards required by the Television Code of

Broadcasting Practice relating to the protection of children and the portrayal of

violence.

She listed six programmes which she alleged were in breach. These comprised Sonic

the Hedgehog, screened on 25 June at 7.30am, Captain N, Swat Cats and King Arthur

and the Knights of Justice screened on 26 June 1994 at 7.20am, 8.30am and 8.55am,

respectively, and James Bond Junior and Mighty Morphin Power Rangers screened on

28 June at 7.30am and 4.30pm respectively.

Ms Bannatyne argued that the programmes were unsuitable for children because they

relied on violence for their main story lines and were of generally poor quality. She

alleged standard G2 was breached because very poor role models were offered for

social behaviour. She cited examples of the language used, including "Shut your trap",

"Shut up you idiot" and "you putrid puzzle" which she maintained contained

derogatory messages which were demeaning.

Because the programmes were all shown in children's viewing time, Ms Bannatyne

argued they were in breach of standard G12 which requires broadcasters to be mindful

of the effects of any programme on children. She claimed that the programme James

Bond Junior was in breach of standard G13 because it portrayed women in a

stereotypical role as secondary to the main protagonists.

Turning to Violence Code, Ms Bannatyne claimed the programmes breached standard

V2 because they all relied on violence as their main theme. In her view, using violence

as the main theme for children's entertainment was gratuitous and unsuitable,

particularly for pre-schoolers. She noted that in the episode of Swat Cats, the violence

was realistic because the weapons and machines were similar to those used in modern

warfare and the episode of James Bond cited also contained realistic missiles, guns,

bombs and explosives. Ms Bannatyne added that children readily identified with the

characters in those programmes which contained human characters, including the

cartoons with human characters. She cited what she described as a particularly

gratuitous episode in Captain N in which characters were put in a torture chamber and

sadistically treated.

Ms Bannatyne alleged that standard V6 was breached because each of the programmes

listed relied on "ingenious devices" to deal with the villains. In her view, this

desensitised children to what really happens when someone is hurt or killed. She

added that children incorporate these incredible endings into their fantasy play and

questioned whether television could provide instead a non violent world as a model.

Pointing to what she described as the unrelenting and repetitive violent theme, Ms

Bannatyne claimed that standard V10 was breached not only in single programmes and

programme series, but by the back to back run of programmes which contained

violence, particularly on Sunday mornings.

Ms Bannatyne argued that the violent episodes portrayed had a disturbing effect on

children, citing in particular the evidence of more violent and anti-social playground

behaviour observed in children after watching Mighty Morphin Power Rangers.

Finally Ms Bannatyne referred to standard V18 which she alleged was breached by all

of the nominated programmes. She suggested that Captain N, King Arthur and the

Knights of Justice, Mighty Morphin Power Rangers and James Bond were particularly

in breach because they contained human characters. However, she pointed out that

any animated creature such as swat cats or sonic the hedgehog which used common

speech were believable and realistic to children and were able to be incorporated into

their lives and play.

In conclusion, Ms Bannatyne requested that all of these programmes be discontinued,

although she added that they were by no means the only children's programmes which

were in breach of broadcasting standards.

TVNZ's Response to the Formal Complaint - 2 August 1994

In its response, TVNZ noted that Ms Bannatyne had been somewhat selective in

choosing only these programmes from the extensive range offered to children. It

pointed out that it was aware it could not please all viewers all of the time and that it

did not pretend that the quality of programmes was equal.

First, TVNZ categorised each of the programmes. It noted that Sonic Hedgehog was

derived from a video game which was to be found in thousands of New Zealand

households and was very popular with children. It described it as simply fairy tales

for the video game age.

The second programme, Captain N was also derived from a popular video game. This

episode TVNZ described as an interesting mixture of comedy and adventure and,

pointing out that it was all fantasy, argued that it was the stuff by which children

developed their imaginations. Turning to Swat Cats, TVNZ noted that it too

contained fantasy adventure in a world of high-tech gadgetry. Its view was that it was

nothing more than a rollicking good fantasy adventure for young viewers. It added

that it believed that not all programmes had to be educational or to offer role models.

Some were just fun to watch.

TVNZ described King Arthur and the Knights of Justice as an ingenious way of

introducing children to the classic tales of King Arthur. It added that the stories were

not dissimilar to the fairy stories which sparked the imaginations of earlier generations.

Turning to James Bond Junior, TVNZ explained that it was a cartoon which operated

on two levels, noting that adults would have enjoyed it as a spoof on the James Bond

series, while for children, it was a fun adventure story. It added that in the episode

complained about, children were introduced to the story of Romeo and Juliet and

would have learned that Nepal was a distant country covered in mountains and snow.

Finally, it examined Mighty Morphin Power Rangers. It expressed its view that the

series empowered children because it offered positive role models and demonstrated

positive values such as self-esteem, courage, responsibility, teamwork and respect for

individual differences

TVNZ then referred to the standards nominated by the complainant. It reported that

it found no breach of standard G2 because nothing in the programmes would have

offended currently accepted norms of decency and taste.

As far as standard G12 was concerned, it assured Ms Bannatyne that a great deal of

thought went into scheduling its children's programmes. It maintained that nothing in

the programmes listed suggested that the programmers had not been mindful of their

audience. Referring to standard G13, TVNZ noted that the stereotypical portrayal of

the James Bond women were spoofs of the adult movie characters, adding that the two

main women characters emerged as the heroes.

With respect to standard V2, TVNZ asserted that most of the programmes were

intended for older children. It added that parents had to take some responsibility for

what pre-schoolers watched and asserted that TVNZ was not a babysitting service. It

believed that all of the programmes relied on fantasy adventure and that the farcical

violence was not gratuitous and thus there was no breach of standard V2.

Rejecting the standard V6 complaint, TVNZ asserted that the special effects used in

all the series meant that they would not be imitated because they were far-fetched and

fanciful. In addition, because it did not accept that the violence in the programmes was

anything but fantasy, it did not believe there was any cumulative effect and therefore

found that standard V10 was not breached.

Referring to the standard V16 complaint, TVNZ repeated that the programmes were

not intended for the under five age group and that parents had to take responsibility

there.

Noting that standard V18 did not apply to Mighty Morphin Power Rangers because it

was not a cartoon, TVNZ added that all of the other programmes were fantasy

adventures and did not accept that there was any "excessive violence" or "realistic

story lines".

It concluded that, for the intended audience (which was not the under five age group),

many of the programmes provided entertaining and stimulating viewing.

Ms Bannatyne's Referral to the Broadcasting Standards Authority - 28 August

1994

Dissatisfied with TVNZ's response, Ms Bannatyne referred the complaint to the

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

Bannatyne began by explaining that she had selected those programmes because they

were the ones her five year old happened to like watching. She suggested that the fact

that programmes were based on video games was not a reason to excuse them from

complying with the Codes.

Referring to TVNZ's argument that the programmes were merely fantasy, similar to

the fairy tales enjoyed by previous generations, Ms Bannatyne made the point that

with the written word, children did get the opportunity to develop their imaginations,

but when it was all portrayed for them, nothing was left to their imaginations.

Ms Bannatyne also suggested that the apparent humour in programmes such as Swat

Cats was adult humour, but that children watched in deadly earnest. She added that

she found it far-fetched to suggest that the programmes had an educational value.

Describing TVNZ's justification for screening Mighty Morphin Power Rangers as

extremely dubious, Ms Bannatyne noted that since it had now been withdrawn,

perhaps that answered her argument. She also suggested that the programme

schedulers were suffering from the desensitising effect of having seen too much

violence.

Agreeing that TVNZ was not a baby-sitting service, Ms Bannatyne argued that all

programmes shown during children's viewing times should be suitable for all age

groups. She noted that no indication was given to the parents as to its target audience.

Ms Bannatyne contended that violence was the basis for the stories because the

programmes she referred to had no other story line worth mentioning. She maintained

that fantasy did not have to rely on violence as it did in each of these programmes.

She concluded:

Lastly, we cannot receive TV3, so that we have to rely on TV2 for any

children's television programmes. I expect them to comply with the Codes

and not show a preponderance of poor quality, trite, violent programmes which

pander to the lowest common denominator.

TVNZ's Response to the Authority - 19 September 1994

First, TVNZ maintained that Ms Bannatyne had been selective in choosing the

programmes which were the subject of the complaint. It suggested that her complaint

gave the impression that Channel 2 provided an unremitting diet of violent

programming for children when there were many other programmes such as Barney,

Chatterbox and Thomas the Tank Engine. It suggested that there needed to be a

balance in children's programming between programmes such as Barney and My Little

Pony and Friends and the adventure fantasies which were the subject of the complaint.

Referring to the programmes derived from video games, TVNZ denied that it suggested

that such programmes did not have to comply with standards. It added that it had

referred to the video games in order to place the programmes in context and because a

large number of children had access to video games.

With respect to Ms Bannatyne's assertion that the stories lacked educational value,

TVNZ disagreed, arguing that children were encouraged to draw pictures, write their

own stories and ask questions about the characters.

TVNZ emphatically rejected Ms Bannatyne's assertion that unlike books, television

did not stimulate the imagination. It suggested that television could spark children's

imaginations and often lead to creative activity. It also repeated its argument that

television was not a babysitter and that it was the responsibility of parents to decide

which programmes their children should watch.

Referring to Ms Bannatyne's observation that some of the humour was of an adult

nature, TVNZ noted that it was more likely that parents would watch programmes

with their children if they could enjoy them too.

Ms Bannatyne's Final Comment - 27 September 1994

Pointing out that she still stood by comments made in her earlier letters, Ms

Bannatyne clarified some issues.

First, she noted that she had been selective about her viewing of programmes because

she did not have time to sit down and watch every children's programme on Channel

2. She noted that the programmes screened on Saturday and Sunday mornings were

the ones she was most concerned about, adding that the non-violent ones referred to

by TVNZ were all screened on weekdays and were presumably aimed at pre-

schoolers. Ms Bannatyne contended that pre-school children should still be able to

watch suitable programmes in the weekends.

Referring to TVNZ's argument that there needed to be a balance, Ms Bannatyne

argued that on weekend mornings there was no balance and further by screening

Mighty Morphin Power Rangers and James Bond Junior every day, the themes of

violence were repeated.

Ms Bannatyne still asserted that television did the imagining for children and that the

toys that were merchandised in conjunction with such programmes did not encourage

imaginative play.

With respect to TVNZ's assertion that it was not a babysitter, Ms Bannatyne argued

that was not the point. She contended that the programmes should be suitable for

children during their normally accepted viewing times and that parents should be able

to feel confident that the programmes were suitable.

Agreeing that humour can be pitched at two levels, Ms Bannatyne wrote that she did

not believe these programmes were an example of this, adding that she found the

predominance of violence for younger viewers which was meant to double as humour

for adults to be sick and gratuitous for both generations.