BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A Pacific Island couple using fingers to count on, and threatening and using violence,

was portrayed in a promo for the comedy series Skitz. The promo was broadcast by

TV3 for an episode which was broadcast in July 1995.

Mr Brennan complained to TV3 Network Services Ltd that the promo reinforced

negative stereotypes by portraying Island people as stupid and violent.

Explaining that the promo highlighted a recurring skit called "Millburn Place" about a

Pacific Island family and that the skit was written by young Pacific Island writers,

TV3 maintained that the promo would be seen as satirical. It declined to uphold the

complaint. Dissatisfied with TV3's decision, Mr Brennan referred his 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 a promo for a full episode of Skitz. The

promo viewed included the threat but did not include the finger counting to which the

complaint referred. Nevertheless, having read the correspondence (summarised in the

Appendix) the Authority decided that the material supplied provided a sufficiently

comprehensive picture of the type of visual material in the specific promo complained

about. As is its practice, the Authority has determined the complaint without a

formal hearing.

Mr Brennan complained to TV3 that a promo for the comedy series Skitz portrayed

Polynesians as stupid and violent. The former impression was conveyed by the

characters using their fingers to count with and the latter by the threat of and use of

physical violence.

TV3 assessed the complained under standard G13 of the Television Code of

Broadcasting Practice. It requires broadcasters:

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, occupational

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.

TV3 explained that the promo was based on a recurring skit within the series, entitled

"Millburn Place", which revolved around a Pacific Island family in New Zealand and

was written by a group of young Pacific Island writers.

Pointing out the series had been on-air for eighteen months, TV3 maintained that the

satirical use of the phrase "I'll kill you" was widely recognised. It added:

It is obvious from the scene that the character does not intend violence by his

statement. In addition, the [Complaints] Committee does not consider the

expression shows "island people" to be stupid as claimed in the complaint.

When he referred the complaint to the Authority, Mr Brennan noted that the phase

"I'll kill you" could not be confined to "Millburn Place" as it had a meaning which

would be understood by non-viewers of Skitz as involving violence. The use of fingers

to count with, Mr Brennan maintained, suggested stupidity.

Denying the relevance of the exemptions to standard G13, Mr Brennan persisted in

his opinion that the promo condoned negative racial stereotypes.

Given the satirical nature of the recurring "Millburn Place" skit in the Skitz series, the

Authority accepted that the exemption in standard G13 (iii) applied in respect to

viewers who were aware of the context of the broadcast to which the promo referred.

However, the Authority was also required to decide whether the item breached

standard G13 for viewers who were unaware of the nature of "Millburn Place" as

portrayed in Skitz. After careful consideration, it decided that it was apparent from

the promo itself that the item was not meant to be taken as a serious portrayal of a

Polynesian family. Rather, the picture was obviously a one-dimensional stereotype.

It was intended to make fun of the family shown and to ridicule the stereotype of a

Polynesian.

Accordingly, the Authority decided, even in the brief promo, the portrayal had

occurred in the legitimate context of a humorous or satirical work and had not

contravened standard G13.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
21 September 1995

Appendix

Mr Brennan's Complaint to TV3 Network Services Ltd - 10 July 1995

Gerry Brennan of New Plymouth complained to TV3 Network Services Ltd about a

promo for TV3's comedy series Skitz. It involved, he wrote, an island couple where

the woman held up three fingers and stated the programme was on three. The man, in

response, held up four fingers and the woman beats him with a rod. The man then

stated that if the viewer did not watch the programme, "I'll kill you".

Mr Brennan wrote:

I find this particularly offensive as it portrays island people as stupid and

violent and not something that would engender good race relations, in fact the

opposite is being reinforced.

While not wanting to get into a debate about when racial jokes are acceptable or

not, I feel this example has gone beyond the limits of normal decency and I am

extremely surprised that your management have allowed it to go to air.

He suggested that the promo be not screened again.

TV3's Response to the Formal Complaint - 18 July 1995

Assessing the complaint under standard G13 of the Television Code of Broadcasting

Practice, TV3 reported that the promo was based on a recurring Skitz sketch called

"Millburn Place" written by some young Pacific Island writers,. The sketch, it added,

revolved around a Pacific Island family living in New Zealand.

Explaining that the series had been on-air for eighteen months and that the characters

in the promo would be recognised by viewers, TV3 added that the phrase "I'll kill

you" was used satirically as a recognised part of "Millburn Place". TV3 commented:

It is obvious from the scene that the character does not intend violence by his

statement. In addition, the Committee does not consider the expression shows

"island people" to be stupid as claimed in the complaint.

Declining to uphold the complaint, TV3 wrote:

The Committee felt that as the show has received very positive feedback from

all sections of the community, and that because the promotion reflected a well

known on-going part of the programme, that it would be seen within the context

of the show and would not portray the Pacific Island people in a negative

manner.

Mr Brennan's Complaint to the Broadcasting Standards Authority - 11 August

1995

Mr Brennan was dissatisfied with TV3's decision and advised it so. That letter was

the basis for his comments when he referred his complaint to the Broadcasting

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

Mr Brennan did not accept that the phrase "I'll kill you" was not violent simply

because it was a recognised part of "Millburn Place". He added:

The same justification could be used as violence was a "well recognised part" in

concentration camps it is therefore not violence. Perhaps the only difference

between Goebels and [TV3's Complaints] Committee is that Goebels recognised

what he was doing.

Moreover, he maintained, counting on fingers suggested stupidity and surely a beating

was violent.

He persisted in his opinion that the item breached standard G13 and that none of the

exceptions applied. Should the exceptions apply, he added:

... you should be able to get away with anything! Let me summarise your

committee's conclusion: as long as it is "well recognised" and "highly satirical"

and "uses characters from (a) sketch" then portraying any racial group as not

being able to count and hitting each other and threatening to kill is acceptable.

He concluded:

Forgive me if I think your committee is stupid and subliminally racist. Don't

you think it is a bit sad that those Pacific Island writers don't recognise the

racial stereotypes they are reinforcing and your committee is condoning.

TV3's Response to the Authority - 15 August 1995

Apart from emphasising that Mr Brennan's complaint referred to the promo only, and

not to the programme itself as the referral suggested, TV3 did not wish to comment

further.

Mr Brennan's Final Comment - 21 August 1995

By telephone, Mr Brennan repeated that his complaint focussed on the promo for

Skitz which, he maintained, breached the standards.