BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The opening sequence of the film, Last Rites, screened by TV3 at 8.30pm on 11 June

1995, showed a "hit woman" intruding on a couple making love. The man was shot

when the gun was apparently aimed at his genitals and the blood-splattered naked

woman hid in the bathroom while shots were fired at her through the bathroom door.

Mr Doyle complained to TV3 Network Services Ltd that screening those scenes in an

extensively promoted film shortly after the beginning of the "AO" timeslot was

irresponsible and breached the standards relating to violence.

Pointing out that the film was preceded by a written and verbal warning, that the

scene was pivotal to the film's plot, and that the promos used were normal marketing

practices, TV3 declined to uphold the complaint. Dissatisfied with TV3's decision,

Mr Doyle 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 film complained about and its promo

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

the Authority has determined the complaint without a formal hearing.

A "hit woman" in the execution of her work constitutes the opening sequence of the

film Last Rites. Coming upon her targets making love, she aims at the man's genitals

and shoots. His naked and now hysterical partner hides in the bathroom but is not hit

by any of the bullets fired through the door.

TV3's screening of Last Rites at 8.30pm on Sunday 11 June was described by Mr

Doyle as the height of irresponsibility. While acknowledging the beginning of "AO"

time at 8.30pm, he said that the standards were breached by the "graphic and

disturbing nature" of the sequence shown to the younger viewers who had been

courted by the promos shown in Melrose Place, the previous programme. The

promo, he noted, had advertised the presence of a Melrose Place star in Last Rites.

TV3 assessed the complaint under standards V1, V3 and V16 of the Television Code

of Broadcasting Practice. They read:

V1  Broadcasters have a responsibility to ensure that any violence shown is

justifiable, ie is essential in the context of the programme.

V3  Warnings should be given, at least at the beginning of a programme, when

a programme contains material which is likely to be disturbing to the average

viewer or which is unexpectedly violent for that programme genre.

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.

Observing that the film, which had been edited for television in Australia, had been

further edited, TV3 said it was preceded by a verbal and written warning which had

specifically referred to the scenes of violence. TV3 also explained the film's storyline

in some detail to show how the scene was essential to plot development.

TV3 then argued that because the violence was essential, standard V1 had not been

contravened, and that a warning had been given in compliance with standard V3. As

the film was broadcast in "AO" time, and as the promo shown followed its usual

practice of pointing out that the same actor was in both programmes, TV3 stated that

standard V16 had not been contravened.

When he referred his complaint to the Authority, Mr Doyle stressed his concern

about the sequence shown at 8.30pm on a Sunday evening and insisted that TV3 had

broadcast the film at a time and in a way to "carry" the Melrose Place audience.

The Authority dealt with the complaint under each of the nominated standards.

Standard V1 requires the violence to be shown to be essential in context. In view of

the film's story, the Authority was of the opinion that the violence portrayed could

not be regarded as gratuitous and, as a result, decided that standard V1 had not been

transgressed.

As a reasonably explicit warning had been given both in writing and verbally, the

Authority considered that the standard V3 was not contravened.

Standard V16 requires the Authority to decide whether the broadcaster had been

mindful of the effect that the programme might have had on children during their

generally accepted viewing time which, the standard records, is usually up to 8.30pm.

For the Authority, that involved, first of all, looking at the promo broadcast during

Melrose Place – the preceding programme. TV3 pointed out that the promo for Last

Rites was shown on only one occasion during Melrose Place. While accepting that the

appearance of a Melrose Place star in Last Rites might have encouraged the younger

viewer to watch the later programme, the Authority noted that the film involving the

mafia was shown to be of a different genre to Melrose Place. Moreover, the promo

contained no reference to the opening sequence. Accordingly, as the promo did not

publicise a film which would necessarily appeal to the younger viewer, the Authority

decided that it was not a matter of major concern.

However, that did not deal with Mr Doyle's contention completely as, while the film

was shown in "AO" time, he emphasised that the offensive sequence was literally

shown within the opening minutes when younger viewers might well have not finished

viewing. Because of its concern about scenes of violence shown shortly after 8.30pm,

the Authority examined the particular scene with some care, Taking into account first

the very important point that the scene followed a clear warning and, secondly, that

the violence was not unduly frightening or dwelt upon, the Authority concluded that

standard V16 had not been breached.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
17 August 1995

Appendix

Mr Doyle's Complaint to TV3 Network Services Ltd - 14 June 1995

Philip Doyle of Auckland complained to TV3 Network Services Ltd about the

opening sequence of Last Rites broadcast at 8.30pm on Sunday 11 June.

A couple making love, he said, was interrupted by a "hit woman" who fired her gun in

the direction of the man's genitals and then fired shots through the bathroom door

where the blood-smeared naked woman had fled. "All this", he wrote, "at 8.30pm".

While acknowledging that adult viewing started at 8.30pm, Mr Doyle maintained that

it was the height of irresponsibility to screen such graphic and disturbing scenes a

short time after many younger and adolescent viewers would have been watching

Melrose Place. Moreover, promos for Last Rites shown during Melrose Place

emphasised that one named actor had a role in both programmes.

TV3's Response to the Formal Complaint - 4 July 1995

Assessing the complaint under standards V1, V3 and V16 of the Television Code of

Broadcasting Practice, TV3 said Last Rites was rated AO and had been preceded by a

verbal and written warning which stated:

The following movie contains scenes of violence intended for adult viewers.

Viewer discretion is advised.

As TV3's appraiser had edited further a film edited for Australian television and had

added the warning, TV3 maintained that standard V3 had not been breached.

TV3 explained briefly the relationship between the parties and the centrality of the

scene complained about to the plot. Moreover, while the scene was violent, TV3

maintained that it had been edited appropriately for the timeslot. The impact of the

shot and the man's wounds were not seen and, TV3 observed:

It is the blood on Angela [the woman hiding in the bathroom] that is unusual and

somewhat disconcerting. However, this blood, and the helplessness that it

implies in Angela's character, is a crucial plot device.

Elaborating on some developments in the film's plot, TV3 argued that it would not

work unless Angela was seen as the victim. Consequently, it argued that standard V1

had not been contravened, noting:

Last Rites was rated Adults Only and was preceded by a warning advising of its

violent content and reiterating the adult rating. The film played in adult time.

The scene complained about was pivotal and although it contained some unusual

elements (the blood on Angela) these elements were shown for a specific reason

and were pertinent to the plot. The violence did not exceed what could be

expected to be seen in an adult movie with a warning about violence.

Part of its practice - as with all media - was to publicise specific actors and the

programmes in which they appeared and, TV3 said, an actor who had a role in

Melrose Place also appeared in Last Rites. Accordingly, as Melrose Place appealed to

both adults and adolescents, a promo for Last Rites had been shown during that

broadcast and TV3 declined to uphold the complaint under standard V16.

Mr Doyle's Complaint to the Broadcasting Standards Authority - 14 July 1995

Dissatisfied with TV3's response, Mr Doyle referred his complaint to the

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

Dealing first with TV3's explanation that the scene was necessary to establish the

plot and the characters, Mr Doyle described the justification for showing the blood as

"most novel" and a "dubious excuse for some prime time gore". He continued:

I have no doubt the scene is pivotal to the plot but surely all this emphasis on

context rather misses the point: these were the opening "disconcerting"

segments in a film shown at 8.30 on a Sunday night. (Their context was yet to

be explained). Simply put, are such scenes appropriate at that hour which could

still be considered family viewing time. My feeling is they are not, and

contravene section V1.

Mr Doyle acknowledged that the broadcast had been preceded with a warning (which

he had missed while changing channels) but:

It is submitted that the inclusion of a warning does not of itself absolve a

broadcaster from the wider issue of responsible programming for a given time

slot.

Mr Doyle said the fact that a Melrose Place actor was to appear in Last Rites was

"trumpeted" throughout the week. He continued:

It is obvious that the placement and marketing of Last Rites was a deliberate

marketing ploy to "carry" the Melrose Place audience. I find it hypocritical of

TV3 to claim that Melrose Place appeals to both adolescent and mature

audiences but in this case the movie was directed solely at mature audiences.

Clearly the younger audience was being courted and inevitably many would

watch the later film.

TV3's Response to the Authority - 17 July 1995

TV3 advised the Authority that it did not want to comment on the referral. At the

Authority's request, TV3 sent a copy of the promo for Last Rites which had been

broadcast during Melrose Place. In reply, in a letter dated 31 July, Mr Doyle pointed

that the promo had been broadcast on a number of different occasions.