BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

---

Summary

Promos for the following "AO" programmes were broadcast at various times during

the day: Plainclothes, Boomerang and The Seekers. Two of the promos showed a

woman striking a man and the third referred to domestic violence.

Mr Fischer complained to Television New Zealand Ltd about promoting "AO"

programmes during children's viewing time. He also objected to the pattern of

violence apparent in the promos which showed a man being assaulted by a woman

while extracts which showed men striking women were not used in promos.

Explaining that the standards accepted the screening of promos for "AO" programmes

in "G" times provided that the material shown was rated "G" and that the pattern

involving women striking men could not be described as established, given the large

number of promos shown, TVNZ declined to uphold the complaint. Dissatisfied with

TVNZ's decision, Mr Fischer 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 items 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.

Mr Fischer complained about the violence contained in a number of promos for "AO"

programmes which were broadcast in either "G" or "PGR" time. Taking into account

the time limits during which complaints must be accepted, TVNZ considered the

complaints about the promos for the broadcast of Boomerang, The Seekers and

Plainclothes (on 13 July).

Mr Fischer expressed his concerns both about the apparent pattern involving the use

of promos showing a female assaulting a male and about the time the promos were

broadcast. He alleged breaches of standards G2, G13, G24, V1, V4, V14 and V17 of

the Television Code of Broadcasting Practice.

The first two 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.

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 others state:

G24 Broadcasters must be mindful that scenes containing incidents of violence

or other explicit material may be acceptable when seen in the total context

of a programme, but when extracted for promotion purposes such

incidents will be seen out of context and may thereby be unacceptable, not

only in terms of the codes but also for the time band during which the

trailer is placed.

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

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

V4 The combination of violence and sexuality in a way designed to titillate

must not be shown.

V14 Care must be taken to ensure that violent incidents during or surrounding

play are not repeated gratuitously.

V17 Scenes and themes dealing with disturbing social and domestic friction or

sequences in which people – especially children – or animals may be

humiliated or badly treated, should be handled with great care and

sensitivity. All gratuitous material of this nature must be avoided and any

scenes which are shown must pass the test of relevancy within the context

of the programme. If thought likely to disturb children, the programme

should be scheduled later in the evening.

Explaining that the promos for Boomerang and Seekers each included brief shots

showing a woman striking a man, TVNZ said that the one for Plainclothes however

only referred to domestic violence. TVNZ emphasised that conflict was a major

component of literature but denied, in view of the hundreds of trailers shown each

month, that a slap was a predominant feature of programme promotions.

In its assessment of the complaint, TVNZ cited standard G22 which accepts that

promos for "AO" programmes can be screened in "PGR" or "G" provided that the

promo is classified for the time slot in which it is shown. It continued:

Having viewed the trailers, TVNZ concluded that none of the three contained

any material which would bar them from being shown during "G" time.

TVNZ then assessed and declined to uphold the complaint under each of the

nominated standards. While doing so, it argued that the slap portrayed was at the

lower level of violence found in fictional programmes on television.

When he referred the complaint to the Authority, Mr Fischer proposed that no

promos for "AO" programmes be allowed in children's viewing time. He also argued

that there should be a limit on the amount of domestic violence screened. In reply to

the first point, TVNZ referred to standard G22 and said that, because adult caregivers

frequently watched programmes in the company of children, screening promos for

"AO" programmes was a service for them. As for the second suggestion, TVNZ said

not only was the idea impractical, but it also raised the issue of defining "domestic

violence".

In a recent decision (No: 106/95) the Authority declined to uphold a complaint from

Mr Fischer citing many of the same standards and referring to a promo for Chicago

Hope: Over the Rainbow. It had also involved the scene of a woman slapping a man's

face. In that decision, the Authority recorded:

While Mr Fischer expressed his concern about what he considered to be an

increasing number of promos which showed a woman hitting a man, the

Authority focussed on the particular promo complained about. It also paid

particular attention to standard G24 which states that a scene containing

violence, which may be acceptable in context in the full programme, may be

unacceptable when taken out of that context. Accordingly, to comply with the

standard, the Authority examined the scene complained about solely in the

context of the promo.

...

The Authority shares the community's concern about the display of explicit

violence on television. It accepts that broadcasters are also conscious of this

concern and generally, avoid the use of gratuitous violence. While it would not

be prepared to accept a promo solely on the basis that it dealt with a moment of

high drama, the Authority decided, with regard to the present complaint,

because sufficient context was shown, that the promo for Chicago Hope: Over

the Rainbow did not breach standard G24.

As the Authority did not regard the violence portrayed as gratuitous, it

considered that standards V1, V4 and V17 had not been breached. It agreed with

Mr Fischer that the behaviour displayed was not socially acceptable. However,

as the portrayal of unacceptable behaviour underlies much drama, the Authority

did not accept that was sufficient to establish a breach of standard G2. As the

promo did not treat a section of the community as inferior or encourage

discrimination, the Authority decided that standard G13 had not been breached.

The Authority was of the same mind in regard to the promos complained about on

this occasion. Standard V14 was not cited on the earlier occasion but as the promos

did not feature sports programmes, to which standard V14 refers, the Authority did

not consider it to be relevant. As the violence shown in the Boomerang and Seekers

was not advanced as if the norm, the Authority reiterated the point made above as a

further reason for not upholding this complaint under the violence standards.

In this complaint, Mr Fischer seemed to be as much concerned that promos for "AO"

programmes were shown during children's viewing time as about the specific content

of each promo. The broadcast of promos for "AO" programmes in "G" and "PGR

time is a continuing issue in the correspondence and complaints received by the

Authority. The complainants are sometimes also concerned about the content of the

promos – which usually comply with the requirements of the time slot during which

they are broadcast – but their principal concern is the fact that it is an "AO"

programme which is being trailered. The issue is too complex to be dealt with in a

decision but the Authority gives notice that it is an issue which it intends to examine

in full in due course when the resources to do so are available.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
16 November 199

Appendix

Mr Fischer's Complaint to Television New Zealand Ltd - 11 August 1995

Francis Fischer of Dipton complained to Television New Zealand Ltd - in a letter

copied to the Broadcasting Standards Authority - about the use in promos of scenes

showing a male adult being slapped by a female adult and showing the promos for

"AO" programmes during children's viewing time.

He listed the following six "AO" programmes which, he said, had been trailered by

such promos which were broadcast at various times including at about 4.00pm. The

promos, he added, portrayed women striking men.

Plainclothes TV2 8 May

Chicago Hope:

Over the Rainbow TV2 15 June

Bugsy TV2 Sunday at 8.30pm

Plainclothes TV2 13 July

Boomerang TV2 Sunday in July

The Seekers TV2, 4 August 8.30pm

He also referred to four other programmes which had included a scene of a man hitting

a woman. However, he observed, that scene had not been included in the promo.

Mr Fischer maintained that the pattern complained about involved sexual

discrimination. TVNZ's refusal to accept a complaint on that basis, he continued,

helped explain the flood of hate mail received recently by Women's Refuges during its

appeal for funds. He alleged that the broadcasts breached standards G24, V1, V4,

G13, G2, V14 and V17 of the Television Code of Broadcasting Practice. He wrote:

In actual fact, it is obvious sexual discrimination, against accepted norms of

decency for either male or female to physically assault the other. It is unlawful

and should not be used out of context for unjustifiable promotional purposes

and adult programmes shown at family times, including children's viewing times

and repeated gratuitously.

In summary, my complaints are at this Female assault Male Saturation Pattern

of Advertising used by TVNZ. If it was Male assaults Female I would not be

alone in complaining about this too, as the advertisers well know.

TVNZ's Response to the Formal Complaint - 9 and 21 August 1995

In its first letter, TVNZ explained that the complaint about the promo for Chicago

Hope: Over the Rainbow had already been referred to the Broadcasting Standards

Authority. It declined to accept the complaint about the promos for Plainclothes on 8

May and for Bugsy as it was under no obligation to consider complaints received more

than 20 working days after the broadcast complained about. It accepted that the

complaints about the promos for Plainclothes (broadcast on TV One on 13 July), for

Boomerang (TV2 14/15 July) and The Seekers (TV One 4 August).

In the letter dated 21 August, TVNZ advised Mr Fischer of its decision on the

complaint under the nominated standards.

Two of the promos complained about (for Boomerang and The Seekers), it noted,

included brief shots which showed women striking out at men who had done them

harm. While the promo for Plainclothes contained some dialogue which referred to an

assault, none was shown.

Pointing out the violence depicted in the two promos was a low level, TVNZ

maintained that conflict was a major element of most fiction. It continued:

In viewing as a group trailers such as those referred to in your complaint, one

might be tempted to conclude that the slap across the face is being overused in

promoting programmes. But these trailers are but two in the many hundreds of

trailers run each month to promote upcoming programmes on TVNZ channels.

Seen in that context, the slap (not regarded by us as being an act of great

violence) does not seem to be in any way a predominant feature of our

programme promotions.

TVNZ also pointed to the provision in standard G22 which accepted that promos for

"AO" and PGR programmes might be screened in "G" time provided that the promo

carried an appropriate classification for the time at which it was shown. And, TVNZ

continued, that the promos complained about complied with this requirement as none

contained material which was not acceptable to screen in "G" time.

Dealing with the standards allegedly breached, TVNZ said that, pursuant to standard

G2, the action shown accurately reflected the content of the later programme. It was

not possible to decide whether men or women were being represented as inherently

inferior in contravention of standard G13, TVNZ remarked, and the exception in

standard G13(iii) allowed for dramatic work. As for standard G24, it observed:

In reference to G24, TVNZ has examined the programmes from which the trailer

material was drawn and believes the trailers fairly and accurately reflected the

content of the programmes (while, of course, not giving away the specific

circumstances of each short sequence). Cross-referencing this to standard G22

(above), TVNZ concluded the standard had not been breached.

As the violence was not gratuitous, as it was not designed to titillate, and as it did not

refer to sport, TVNZ concluded that standards V1, V4 and V14 were not breached.

Standard V17 was concerned with the protection of children and as the promos

complied with the "G" classification, TVNZ did not accept that the standard was

transgressed.

It declined to uphold the complaint.

Mr Fischer's Complaint to the Broadcasting Standards Authority - 6

September 1995

Dissatisfied with aspects of TVNZ's decision, Mr Fischer referred the complaint to

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

Mr Fischer raised two specific points with which he was dissatisfied. First:

Refusal to consider the complaint as a whole, deleting all others or demanding

that they be taken separately out of format and answered one by one within

twenty days. Then using an excuse that it is ONLY TWO out of many

hundreds.

They have not yet once answered my objection as to the PATTERN that

EVERY single incident possible is included in trailers and shown repeatedly

throughout days before creating this deluge of violent male v's female

advertising that I find objectionable.

Secondly, he objected to promos for "AO" programmes being shown in G time.

Programmes, he wrote, that children were not allowed to watch "should not be

advertised to them".

He sought the following:

1. All AO programmes banned from children's viewing time

2. A limit put on portrayal of domestic violence, or male - female violence

both in time shown and now often repeated in trailers ... eg like cricket

overs, no more than twice a night.

TVNZ's Response to the Authority - 20 September 1995

As for its decision to decline to determine the complaints from Mr Fischer received

after 20 working days from the date of the broadcast, TVNZ wrote:

The Authority will be aware that TVNZ has demonstrated flexibility in the past

in its handling of complaints received outside the 20 day limit. However that

flexibility must be tempered by practical considerations and in the case of

trailers (dozens of which are produced each week) there was a practical

difficulty in recovering recordings of trailers made so long ago.

It described as "absurd" Mr Fischer's claim that incidents of domestic violence were

included in promos if at all possible. Material was selected, it said, which best

reflected the content of the programme being trailered.

TVNZ stated that it agreed with and supported the provision of standard G22 which

allowed promos for "AO" programmes to be screened in "G" time provided the trailer

itself complied with the "G" classification. It added:

We do not think it invalid that we should direct our programme promotions at

adult caregivers who frequently watch during "G" time in the company of their

children. Provided the "AO" material to be featured at a later hour is trailered in

a manner which does not offend "G" guidelines" we think we do adult viewers a

service by advising them of their viewing options. We are not, as Mr Fischer

avers, "advertising to children". The promotions are broadcast while they may

be watching, but the target of the trailers for "AO" programmes is always the

adult audience. We recognise that the "G" viewing time is a period when

children and adults are watching together.

Contrary to what Mr Fischer appeared to allege, TVNZ said that in fact "AO"

programmes were banned from children's viewing times, and:

If it was Mr Fischer's intention to say that he wants trailers for "AO"

programmes removed from "G" time, then we respectfully disagree for the

reasons stated above.

In conclusion, TVNZ said it was not practical to limit portrayals of domestic violence

to two incidents at night, asking in addition, how would domestic violence be defined.

Mr Fischer's Final Comment

Mr Fischer did not respond to the Authority's request for a comment on TVNZ's

reply.