BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Casual Sex was the title of a New Zealand-made short film screened at 10.45pm on

TV One on Friday 14 October. It was shown as part of a series of 11 such films

broadcast at that time each week.

Dr Graeme Bishop of Picton complained to Television New Zealand Ltd, the

broadcaster, about the use of offensive language on several occasions in a programme

broadcast immediately after the late news.

Pointing to the time of the broadcast, the classification of the film and the warning

about language which preceded the screening, TVNZ maintained that taking those

contextual matters into account, the programme had not breached the standard

requiring good taste and decency. Dissatisfied with TVNZ's decision, Dr Bishop

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

Broadcasting Act 1989.

For the reasons below, the Authority declined to uphold the complaint.

Decision

The members of the Authority have viewed the item complained about and have read

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

has determined the complaint without a formal hearing.

Casual Sex was the title of the seventh of a series of 11 New Zealand-made short

films broadcast at 10.45 on Friday evenings after the late news. The series, TVNZ

explained:

... was intended to highlight the achievement of the makers of short films and

was targeted at the discerning viewer with an interest in film-making as an art

form.

The film Casual Sex involved the actress reminiscing about some sexual experiences at

a particular time and she used the word "fuck" on several occasions.

Describing the film as "unedifying rubbish", Dr Bishop complained that the language

was unacceptable. He noted that the film had been preceded with a warning about

language which, because such language should never be broadcast, was an insufficient

excuse. He considered that people who wanted to hear such language could resort to

rental videos.

TVNZ assessed the complaint under standard G2 of the Television Code of

Broadcasting Practice. It requires 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.

Observing that the standard requires context to be taken into account, TVNZ pointed

to the hour of broadcast, the programme's classification and the specific warning

about language which preceded the broadcast. It also argued that the film, produced

with the assistance of several official bodies, was a contribution to art and culture.

Censorship of such material, it claimed, would equate with censorship of major works

of literature.

When he referred his complaint to the Authority, Dr Bishop repeated his opinion that

the use of the word "fuck" was "quite unacceptable". TVNZ's explanations, he

added, did not excuse the broadcast of "totally unsuitable material". He questioned

whether anyone at TVNZ had previewed the "grubby little film" before it was

screened. As a footnote, Dr Bishop commented that the morals portrayed in the film

were unacceptable in a present-day society.

In its comments to the Authority, TVNZ asserted "most strongly" that the film had

been previewed and added that one of the previewers had been an appraiser. After

repeating the contextual points made earlier, TVNZ observed:

While we note Dr Bishop's view that the film is "grubby", we suggest that that

is a subjective opinion and that a more dispassionate viewer might regard with

interest the curious structure and production of the film and consider how it fits

into the overall development of the short film in this country.

The Authority began its deliberations by deciding that the use of the word "fuck" in

itself in a late evening broadcast does not automatically or inevitably mean that the

programme contravenes standard G2. It proceeded by acknowledging that standard

G2 requires it to take contextual elements into account when deciding whether a

broadcast complies with currently accepted norms.

Relevant contextual matters on this occasion, in addition to the time of the broadcast

(10.45pm), were the programme's classification (AO) and, importantly, the broadcast

of a warning which stated specifically that some viewers might find the language

offensive. The Authority believed that the point that the item was an "art film" was

also relevant as the broadcast of such material might well influence a viewer's

expectations of the content of the programme.

Dr Bishop commented that the broadcast followed the late news. However, the

Authority did not believe that to be a relevant consideration. In addition to the

contextual matters noted above, it accepted that the late news might well include

material not suitable for broadcast at 6.00pm, because of the younger age of the

viewers at the earlier hour.

While sympathising with Dr Bishop's concern about the inapplicability of some of

the moral standards covered in the film because of the increasingly recognised health

dangers involved with an easy-going attitude to sexual relationships, the Authority

decided the use of the word "fuck" in the film complained about, while admittedly

used more frequently than would be acceptable in other circumstances, was not

unreasonable given the contextual matters noted. Accordingly, the Authority decided

that the broadcast did not contravene standard G2.

For the above reasons, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
13 February 1995

Appendix

Dr Bishop's Complaint to the Minister of Broadcasting - 16 October 1994

Dr Graeme Bishop's letter of complaint to the Minister of Broadcasting about the

film Casual Sex which screened at 10.45pm on Friday 14 October was forwarded to

the broadcaster, Television New Zealand Ltd. In a later letter to TVNZ dated 29

November 1994, Br Bishop said that he wanted his complaint to be treated as a formal

one.

Pointing out that the film Casual Sex had been broadcast immediately after the news,

Dr Bishop complained that it contained the word "fuck" which was used three times

before 11.00pm. He described the use of such language as "unedifying rubbish" and

added that a warning which was broadcast was a "real cop-out", commenting:

If viewers wish to watch soft-core pornography and listen to prolific swearing

there are no doubt plenty of videos in video shops or cable TV.

In his letter to TVNZ, he asked whether standards were being lowered to the lowest

common denominator.

TVNZ's Response to the Formal Complaint - 8 December 1994

TVNZ advised that it had assessed the complaint which focussed on the language used

- and specifically the word "fuck" - under standard G2 of the Television Code of

Broadcasting Practice.

Pointing out that the standard required context to be taken into account when

complaints about good taste and decency arose, TVNZ stated the time of the

broadcast, the classification of the programme, the warning preceding the broadcast

and the nature of the programme were relevant.

The item had been classified as "AO" (Adults Only) and had been screened at

10.45pm - well after the watershed time of 8.30pm. It said the warning specifically

referred to the language contained in the broadcast which was the seventh in a series of

11 New Zealand-made short films. The film, it added, was a contribution to New

Zealand art and culture and had been made with the assistance from several official

agencies. It continued:

Although we accept that art and culture are in the eye of the beholder, we

respectfully suggest that broadcasters such as TVNZ should be encouraged to

run material of this quality, rather than be condemned for doing so. New

Zealand film makers have had remarkable success worldwide in recent years

("The Piano", "Heavenly Creatures", "Once Were Warriors" for example) and

this success has been reflected in the making of short films as well.

To censor such material, in TVNZ's opinion, would be as inappropriate as

bowdlerising the works of Chaucer or Shakespeare.

TVNZ said that the late news, unlike the news at 6.00pm, was prepared for adults

rather than a family audience. Expressing regret that Dr Bishop did not enjoy the film,

TVNZ said the language used was acceptable in context and had not breached standard

G2.

Dr Bishop's Complaint to the Broadcasting Standards Authority - 28 December

1994

Dissatisfied with TVNZ's response, Dr Bishop referred his complaint to the

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

He repeated that the use of the word "fuck" was unacceptable, especially before

11.00pm where families with teenagers might be watching, and he argued that an

"AO" classification was no excuse for the broadcast of unsuitable material.

Dr Bishop questioned whether anyone at TVNZ had watched the film before

screening. He suggested that it might have been accepted for broadcast as it had been

made with official assistance and thus was appropriate in the series of New Zealand

short films. He expressed the view that should TVNZ consider the "grubby little

film" to be art, then it would be impressed with public toilet graffiti too. He said that

he also intended to express his concern to the funding agencies.

Maintaining that the language used in a broadcast did not meet the current norms of

taste and decency, he added as a footnote:

It should be apparent even to someone of no morals that the social and medical

theme of the film Casual Sex is unacceptable in today's society.

TVNZ's Response to the Authority - 17 January 1995

TVNZ began by emphasising that the film had been viewed and classified by the

programme section and by an appraiser before the broadcast.

Repeating TVNZ's commitment to New Zealand art and culture, the context of the

broadcast was highlighted because of the reference to context in the standard.

The programme, TVNZ said, had been part of a series in an established art spot in the

schedule, had been broadcast at 10.45pm, had been classified as "AO" and had been

preceded with a warning. It concluded:

While we note Dr Bishop's view that the film is "grubby", we suggest that that

is a subjective opinion and that a more dispassionate viewer might regard with

interest the curious structure and production of the film and consider how it fits

into the overall development of the short film in this country.

Dr Bishop's Final Comment - 3 February 1995

Expressing his belief that the film would have been cheap for TVNZ to purchase, Dr

Bishop emphasised that his complaint referred to the film Casual Sex alone. He

argued that the word "sex" would have been more appropriate than "fuck" and that

the

dialogue reflected the film maker's poverty in the use of the English language.

He concluded:

I hope this particular instance doesn't indicate a subtle (conscious or

unconscious) policy change by TVNZ to help undermine standards of decency

in society.