BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The Banker was the title of the film broadcast by TV3 at 8.30pm on Friday 18 August

1995. It involved a rich, handsome banker involved in an esoteric religion who

believed that he took the power of the people whom he killed.

Ms Lee complained to TV3 Network Services Ltd about the opening sequence which

showed a man and a woman having sex after which the man killed the woman with a

crossbow. She said that it breached a number of broadcasting standards including the

ones requiring good taste and decency and prohibiting the combination of sex and

violence.

Pointing out that the opening sequence of the film had been cut to ensure that it

complied with its "AO" rating, that the sex and the violence scenes were sequential

and separate, and that the broadcast had been preceded with a written and verbal

warning, TV3 declined to uphold the complaint. Dissatisfied with the broadcaster's

decision, Ms Lee 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 that the

broadcast breached the standard requiring good taste and decency.

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 opening sequence of The Banker showed a woman, apparently from an escort

agency visiting a man in his hotel room. She arrived, she undressed and they had sex.

On completion, the man went for a shower. While the partly clad woman moved

around the room and began examining the contents of the man's wallet, the man

returned silently, wrapped in a towel and, with a crossbow held in one hand, was seen

to aim it at the woman and fire.

Most of the balance of the film focussed on the efforts of the police to catch the man.

The principal police officer's estranged wife also became a focus of the banker's

murderous ambitions.

Ms Lee's complaint focussed on the opening scenes which she alleged breached a

number of the broadcasting standards. She expressed particular concern about the

violence, and the combination of violence and sexuality, in a film shown at 8.30pm

when many younger people would have been watching. She nominated the following

standards under which broadcasters are required:

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.

G5  To respect the principles of law which sustain our society

G9  To take care in depicting items which explain the technique of a crime in a

manner which invites imitation

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 one reads:

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

must not be shown.

She also alleged a breach of s.4(1)(a) of the Broadcasting Act 1989 which requires

broadcasters to maintain standards consistent with:

(a) The observance of good taste and decency.

In its response to Ms Lee, TV3 reported that it had made further cuts to the censored

film received from Australia, classified it as "AO", broadcast it in "AO" time and

added a verbal and written warning which stated:

This film is recommended for adults only viewing, certain scenes may offend and

viewer discretion is advised.

As for the opening sequence, TV3 said that the length of it had been reduced to show

only the heads and shoulders of the couple "making love". The woman was seen

topless for a short time only, it continued, and partial nudity was not featured in the

film again. In view of the "AO" rating, TV3 denied that the film breached standard

G2.

Noting that the violence and sex scenes were separate, TV3 declined to uphold any

other aspect of the complaint, observing:

With regard to your general comments on violence in this film being "extreme",

the only scene in which violence was actually seen and not inferred was when

the Banker was apprehended and shot by the police. The weapon involved in

the initial murder, a crossbow, was not portrayed as glamorous; it was merely

used as a weapon in the same way a gun would be used. Although you saw the

crossbow being fired there was no impact shot or indeed any shot of the body.

The woman's death was inferred.

The early hour at which the film had been screened, 8.30pm, was Ms Lee's primary

concern when she referred her complaint to the Authority.

In view of the similarity of the standards, the Authority in its assessment of the

complaint has treated standard G2 of the Code as an amplification of s.4(1)(a) of the

Act and, accordingly, has subsumed s.4(1)(a) under standard G2.

The 8.30pm watershed between programmes classified as "PGR" and "AO" has been

and continues to be a source of concern to both viewers and the Authority. There are

competing arguments about the responsibility of broadcasters as opposed to that of

parents and other caregivers. That responsibility nay require broadcasters to apply

different considerations as to the screening times in winter months as opposed to the

months of daylight saving, and during the week and at weekends.

Because it is well aware of the competing arguments, the Authority has not recently

sought opinion from the public and broadcasters about the appropriateness or

otherwise of the 8.30pm watershed. Nevertheless, it repeats what has been expressed

in earlier decisions – ie that 8.30pm is only the watershed. It is not a waterfall. The

Authority does not expect that viewers will be deluged with material at 8.31pm which

would unquestionably have been unacceptable at 8.29pm.

With these requirements in mind, the Authority proceeded to determine the complaint

about The Banker broadcast at 8.30pm on Friday 18 August.

The opening sequence has been outlined above. It was undoubtedly included to seize

the viewer's attention but that is a legitimate device. As it was contained at the

beginning of the film, it was broadcast in the minutes after the watershed at 8.30pm.

The Authority notes the concerns about this matter contained in the Codes of

Broadcasting Practice where, at the end of the section on violence, the classifications

are discussed and, it is recorded:

Special Note

There will be programmes containing stronger material or special elements which

would fall outside the above AO guidelines. In such circumstances time

designations such as "AO 9.30pm" or later may be appropriate.

In such circumstances a greater degree of realism may be permitted than in basic

AO rated programmes, although dwelling on explicit injury of victims should be

avoided. Specific warning identifying content which may offend should be

given. Graphic scenes of sexual violence and unduly bloody or horrific

encounters should not be screened.

The Authority understood Ms Lee's concern about the opening sequence.

Nevertheless, it is required to apply the existing Television Code of Broadcasting

Practice where 8.30pm is the watershed. The film The Banker was screened at the

start of the "AO" timeband, had been cut and was preceded with a verbal and written

warning. The sex and violence was conveyed substantially by implication. The

Authority declined to uphold the complaint that the broadcast breached standard G2.

For the reasons advanced by TV3, the Authority did not accept that standards G5,

G9, G13 and V4 had been contravened. The illegal action was not condoned, an

imitable technique of crime had not been explained, women were not denigrated and

violence and sex had not been combined in a way which was designed to titillate.

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

The Authority confirms its intention to assess, in the near future, the appropriateness

of 8.30pm as the watershed.

Signed for and on behalf of the Authority

Judith M Potter
Chairperson
19 December 1995

Appendix

Ms Lee's Complaint to TV3 Network Services Ltd - 9 September 1995

Alicia Lee of Waitakere City complained to TV3 Network Services Ltd about the film

The Banker broadcast at 8.30pm on Friday 18 August.

The opening scenes, Ms Lee wrote, showed a man and a woman having sex. The man

left the room and, the woman paraded around displaying her breasts. The man

returned and brutally murdered the woman. Ms Lee stated that the sequence breached

s.4(1)(a) of the Broadcasting Act 1989 and standards G2, G5, G9, G13 and V4 of the

Television Code of Broadcasting Practice.

Ms Lee maintained that the "snuff film" was not suitable for television and, in

addition to complaining that it breached the standard requiring good taste and decency,

said that it failed to respect the principles of law, showed a method of killing (with a

crossbow) that invited imitation and denigrated women.

Describing the violence portrayed as extreme, Ms Lee was of the view that, despite

the hour, a large number of younger people would have been watching a film in which

violence and sexuality was combined to titillate, contrary to standard V4.

By broadcasting the film, Ms Lee argued, TV3 had failed to exercise sound judgment.

It had screened an horrendous and violent film which it knew many would find

unacceptable at a time when children would be watching. She concluded:

At a time when domestic abuse is being publicised and just a few days after a

man is charged with the violent rape of 72 women, TV3 has shown an

irresponsible disregard for public opinion. If your programmer worked for me

I'd fire him.

TV3's Response to the Formal Complaint -3 October 1995

Assessing the complaint under the nominated standards, TV3 provided the following

synopsis:

The Banker is a thriller movie in which a rich handsome banker believes himself

to be part of an ancient South American religion where he takes on the power of

the people he kills. The majority of the movie involves a policeman trying to

solve who the killer is before he kills again. The first scene is important in the

movie as the audience finds out what the killer looks like and later on realises

that the killer is actually wooing the policeman's wife. The scene also

establishes some clues as to the modus operandi of the killer with the words "ish

naguch" which are later revealed to be part of his ancient beliefs.

TV3 said that it had made further cuts to the censored film received from Australia,

had classified it as "AO", had broadcast it in "AO" time and had added a verbal and a

written warning which stated:

This film is recommended for adults only viewing, certain scenes may offend and

viewer discretion is advised.

These actions, TV3 maintained, ensured that s.4(1)(a) was complied with. It also

observed:

For your information, a "snuff film" is one in which people are actually

murdered on film, ie a "snuff film" is not a dramatisation. There were no such

scenes in The Banker.

TV3 then considered each standard the complainant alleged that the broadcast had

contravened.

With regard to standard G2, TV3 said the length of the opening scene had been

reduced to show only the head and shoulders of the couple "making love". The

woman was seen topless for only a short time and partial nudity was not featured in

the film again. In view of the "AO" rating, TV3 denied that the film had breached the

standard.

Standard G5 had not been transgressed, TV3 wrote, as the Banker's actions outside

the law were not condoned.

Although the banker used a crossbow as a weapon, TV3 said that the film did not

explain the technique of how to use the weapon. Accordingly, it did not contravene

standard G9.

The victim in the opening scene was blameless and as one of the film's heroes was a

woman, it had not encouraged discrimination against women in contravention of

standard G13.

With regard to standard V4, TV3 said that the amount of violence shown was reduced

and the sex scene contained no violence. Consequently, the standard was not

breached.

Declining to uphold the complaint, TV3 concluded:

With regard to your general comments on violence in this film being "extreme",

the only scene in which violence was actually seen and not inferred was when

the Banker was apprehended and shot by the police. The weapon involved in

the initial murder, a crossbow, was not portrayed as glamorous it was merely

used as a weapon in the same way a gun would be used. Although you saw the

crossbow being fired there was no impact shot or indeed any shot of the body.

The woman's death was inferred.

Ms Lee's Complaint to the Broadcasting Standards Authority - 19 October 1995

Dissatisfied with TV3's reply, Ms Lee referred her complaint to the Broadcasting

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

Maintaining that it was inappropriate for TV3 to screen the film, Ms Lee said that

children - who were not all in bed at 8.30pm - should be "protected from this smut".

Moreover, adults should not be subjected to such material. She expressed the hope

that the Authority would protect the standards.

TV3's Response to the Authority - 27 October 1995

When asked whether it wished to respond to the referral, TV3 said that it did not wish

to comment further.