BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A group of people with various physical abnormalities and others, made up to display

a number of deformities, featured in an episode of X-Files broadcast on TV2 at

8.30pm on 21 June 1995. The opening sequence showed a man suffering from a scale-

like skin disease being attacked and killed in a swimming pool.

Mr England complained to Television New Zealand Ltd that the programme was the

equivalent of a circus "freak show" which demeaned the people exhibited. In addition,

he considered the violence portrayed to be excessive.

Maintaining that the participants were a troupe of people who were highly successful

actors and that the series involved spine-tingling fantasy rather than excessive

violence, TVNZ declined to uphold the complaint. Dissatisfied with TVNZ's

decision, Mr England 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 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.

The episode of X-Files broadcast at 8.30pm on Wednesday 21 June focussed on a

group of people living in the same area who, the programme said, because of their

various physical abnormalities had in the past been displayed as part of a circus freak

show troupe. Some members of the group were killed, it was later revealed, by one of

their number.

Expressing his contempt for the series, Mr England argued that as the actors in the

episode complained about were treated as a "freak show", they were demeaned. Freak

shows, he noted, were places where people obtained "perverse enjoyment" from

looking at the misfortunes of others. In addition, Mr England complained that the

opening sequence showing the murder in the swimming pool of a person with a skin

disease contravened the standards relating to violence.

TVNZ assessed the complaints under standards G13, V1 and V2 of the Television

Code of Broadcasting Practice. Standard G13 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.

The other two read:

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

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

V2  When obviously designed for gratuitous use to achieve heightened

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

avoided.

TVNZ described the group who participated as a highly successful troupe of actors

and commented:

We would have thought that the only way you could demean people such as

this would be to put them aside and thus suggest that they are too

small/ugly/offensive to appear on television.

With regard to the complaints about the violence contained in the programme, TVNZ

maintained that while the material was revolting, the actual incidents of violence were

rare. It also pointed out that X-Files was broadcast in "AO" time and observed:

We accept that many viewers have little liking for the revolting – but we are

also aware that a substantial part of audience enjoys the sort of creepy,

crawly spine tingle which comes with a good fantasy thriller.

The Authority agreed with TVNZ that the broadcast was revolting. It also

acknowledged that the violence in the fantasy programme was implicit rather than

explicit. Given the time of the broadcast, it accepted that the relatively little violence

which was shown was essential to the item's context and was not gratuitous.

Accordingly, it concluded that standards V1 and V2 had not been breached.

Because the people portrayed were included in a dramatic programme, the Authority

was of the opinion that the exemption in standard G13 (iii) applied. Nevertheless, it

was also inclined to the view, because of the explanation about the troupe of actors

provided by TVNZ, that the programme had not represented a group of people with

various physical abnormalities as inherently inferior. Indeed, that point was made

abundantly clear by one actor – a dwarf – when some of the regular characters in the

show were inclined to treat the group as different solely on account of their

disabilities. That character challenged the stereotypes with which standard G13 is

concerned.

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

In his letter referring his complaint to the Authority, Mr England included some

abusive comments which were directed not only at the broadcast but also at TVNZ's

Programme Standards Manager who had replied on TVNZ's behalf. Furthermore, Mr

England's final comment contained some unnecessarily vitriolic remarks when TVNZ

objected to the tone of the letter of referral.

The Authority accepts that complainants may well be angry when they complain.

However, it does not accept that anger at the programme justifies abuse of the

broadcaster's staff. The Authority has the power under s.11(b) of the Broadcasting

Act 1989 to decline to determine a complaint in all the circumstances. It is a power

which it intends to use with complaints should complainants unjustifiably misdirect

their grievances at the broadcaster's staff rather than at the broadcast.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
21 September 1995

Appendix

R J England's Complaint to Television New Zealand Ltd - 21 June 1995

Questioning the motivation for screening an invariably violent series which appealed

to the "lowest common denominator", Richard England of Wellington complained to

Television New Zealand Ltd about the broadcast of X-Files on TV2 at 8.30pm on 21

June.

Mr England described the particular episode about people who suffered from various

abnormalities and deformities as the equivalent of a circus "freak show" where, he

continued, people gained perverse enjoyment from looking at the misfortune of others.

He referred to the opening sequence where a man with a horrible skin disease was

attacked and killed in a swimming pool.

Pointing out the material was broadcast shortly after 8.30pm, Mr England argued that

TVNZ paid no attention to the Broadcasting Standards Authority's rulings on

violence. He concluded by stating that he had complained about the programme as it

involved the demeaning of people with various physical disabilities for the sake of

sensationalism.

TVNZ's Response to the Formal Complaint - 11 July 1995

Advising Mr England that the complaint had been assessed under standards G13, V1

and V2 of the Television Code of Broadcasting Practice, TVNZ said that it had

considered first the aspect of the complaint that some of the actors were demeaned.

TVNZ said that it disagreed that people, because of dwarfism and other physical

abnormalities, should be excluded from mainstream activities. It added:

We would have thought that the only way you could demean people such as

this would be to put them aside and thus suggest that they are too

small/ugly/offensive to appear on television.

In fact the troupe which was involved in this programme is a highly successful

group of actors who make a great deal of money particularly in the television

area. We understand the same troupe recently appeared in an episode of

"Baywatch".

Referring to the munchkins in the Wizard of Oz and to the many performances of

Snow White and the Seven Dwarfs, TVNZ maintained that the actors who appeared in

the X-Files displayed their versatility as actors. It concluded:

It is TVNZ's conclusion in regard to G13 that the "little people" troupe was not

demeaned by being featured in a programme which was centred on a circus.

They might have been demeaned had the producers gone entirely for "ring-ins"

rather than using people genuinely afflicted. As it was, mainstream actors (made

up) were used only for those parts where the level of grotesqueness moved into

the realms of fantasy.

As for the complaint about violence, TVNZ stated that X-Files was a well-established

fantasy/thriller series in which actual incidents of violence were few. Much of the

material shown, it continued, was revolting rather than violent. Pointing out that the

programme was broadcast in "AO" time and was not unsuitable for adults, TVNZ

said that the standards relating to violence had not been contravened.

TVNZ explained that while the Broadcasting Standards Authority had upheld one of

Mr England's recent complaints, the one focussing on an earlier episode of X-Files had

not been upheld and, it concluded:

While TVNZ is sorry that you were offended by the "X Files" (and is mildly

surprised that you continue to watch a series that is clearly not to your taste), it

does not believe that the broadcast was in breach of any programme standard.

Mr England's Complaint to the Broadcasting Standards Authority - 13 July

1995

Dissatisfied with TVNZ's reply, Mr England referred his complaint to the

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

made the following six points.

i) Suspecting that TVNZ's use of the term "little people" was the politically

correct term for dwarfs, Mr England averred that he had not made a big point

about their appearance on "this shithouse programme".

ii) The programme, at 8.30pm, had begun with a violent murder scene.

iii) As the little people were shown with deformities and not depicted as

participating in day-to-day activities, Mr England insisted that the reason for

broadcasting the material equated with infamous circus freak shows.

iv) Mr England accepted TVNZ's suggestion that he was offended by the

programme, adding in regard to TVNZ's Programme Standards Manager's

explanation:

... what I'm offended by is the crap programming he comes up with.

Instead of attempting to raise or lift the spirit of people, this two bit idiot

LOWERS the tone and with it through a slow process of osmosis corrodes

NZ society.

v) Referring to the power of television, Mr England maintained that the constant

broadcast of "violent rubbish" had a negative effect on society. TVNZ

advertised some material as "quality British drama" which indicated, he argued,

that American programmes were "anything but".

vi) Maintaining that TVNZ should be made responsible for broadcasting

programmes containing violence "too early", Mr England concluded:

TVNZ cannot be nailed down on their "news service", they cannot be

nailed down for the level of advertising, they cannot be held responsible

for anything at all simply because today, because of political correctivism

there are no benchmark of standards, one can no longer argue about quality

because everything is regarded as being subjective.

TVNZ's Response to the Authority - 9 August 1995

While acknowledging that Mr England did not enjoy the macabre nature of some of the

episodes of X-Files, in its report to the Authority TVNZ maintained that "spine-

tingling fantasy" was a well-established from of entertainment.

As for the "freak-show" aspect of the complaint, TVNZ said that the programme

could be said to be reflecting the reality that such shows existed. It concluded:

The television programme itself exploited nobody - but reflected in a fictional

fantasy a situation that has, and perhaps still does, exist in certain circus

environments. Many prominent writers of fiction have built scenarios around

"freak shows" performances and the unfortunate individuals there displayed.

In regard to the tone of Mr England's letter, TVNZ's Programme Standards Manager

(Mr David Edmunds) wrote:

We would like to make an observation concerning the tone of Mr England's

referral. We hope that the Authority shares our regret that he has found it

necessary to descend to personal abuse in bringing his concerns to the

Authority's attention. I would prefer not to have been described as a "two-bit-

idiot" or a "sanctimonious bastard".

Mr England's Final Comment - 12 August 1995

In his final comment, Mr England refused to withdraw his insults directed at TVNZ's

Programme Standards Manager, stating:

I believe Mr Edmunds could find justification for screening any old rubbish. He

excels in the area of digging up spurious (Bastard ... sic) reasons as to the worth

of the not inconsiderable amount of dross dished up daily by TVNZ.

Mr England maintained that X-Files contravened the standards.