BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Initiation rites for new recruits in the US Marines were reported to include having

military badge pins beaten into their exposed chests. The rites, and the shocked

response of the military establishment, were shown in an item on One Network News

broadcast at 6.00pm on 17 January 1997.

Mrs Sinclair complained to Television New Zealand Ltd, the broadcaster, that it was

offensive and inappropriate to screen the barbaric rituals at that time.

In view of the international role of the US military, TVNZ considered the broadcast

appropriate. News programmes, it said, should not be sanitised if the truth was to be

reflected.

Dissatisfied with TVNZ's response, Mrs Sinclair referred her complaint to the

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

For the reasons below, the Authority declines 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

determines the complaint without a formal hearing.

A video of an initiation ceremony for marines in the United States was shown as an

item on One Network News. Those who had earned badges were seen to have the

metal pieces "battered and pummelled into their chests". It was apparent that the

process caused considerable pain to the recruits and military leaders expressed their

deep concern at the "hazing" portrayed.

Mrs Sinclair complained to TVNZ that the item was too long and contained too many

close-up pictures, and that it was an inappropriate item for screening in New Zealand

at 6.00pm.

TVNZ assessed the complaint under standards G2 and G12 of the Television Code of

Broadcasting Practice. They 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.

G12 To be mindful of the effect any programme may have on children during

their normally accepted viewing times.

Dealing initially with the issue of relevance, TVNZ pointed to the world-wide role of

the US military. It explained that the video had caused widespread shock in the

United States as was seen by the level of official reaction contained in the item. This

included the head of the Joint Chiefs of Staff. As for the specific standards, TVNZ

said that most of the explicit material had been concealed by electronic blurring and the

focus had been on the reaction of the recruits. Thus, it argued, standard G2 was not

breached. In regard to standard G12, TVNZ said that the editing process should not

sanitise news to the point it no longer reflected the truth. On this occasion, the item

had been preceded with a warning and the acts of sadism had been interspersed with

interview material to reduce the cumulative effect of the scenes.

When she referred her complaint to the Authority, Mrs Sinclair maintained that it was

outside the boundaries of good taste and decency to screen barbaric, violent and

sadistic military initiation rites at 6.00pm. In response, TVNZ said it would be

inappropriate to omit a significant event from the day's major news programme.

The Authority begins by accepting TVNZ's point that the item reported a significant

event. As the next step, it is required to consider whether the extent of the rites

shown in the item breached either of the nominated standards or, as Mrs Sinclair

alleged:

The camera dwelt over-long on this [initiation] process and close-ups shown of

the aggression aroused by the room full of marines.

While there is some sympathy for Mrs Sinclair among a minority of the Authority, it

concludes that overall neither standard was breached. In reaching this decision, the

Authority takes into account the increasing concern felt in recent years at initiation

ceremonies in a number of institutions. It acknowledges that viewers of all ages should

be informed of such unpleasant acts.

Nevertheless, the Authority also appreciates that a broadcaster's news editor must

exercise discretion as to when showing reality moves beyond conveying information in

a way which is acceptable under the standards. The Authority understands that it is

neither possible nor desirable to lay down in advance a line beyond which material

screened will inevitably contravene the standards. When the broadcaster is aware that

the boundary is near by, as in the present case, it is able to broadcast a warning before

the explicit material is shown. That was a procedure adopted in this case, for which

the Authority commends the broadcasters.

It was the broadcaster's decision on 12 March this year to show the item and in view

of the complaint, the Authority is in effect reviewing the broadcaster's judgment. On

this occasion, given the warning which preceded the item, the Authority concludes

that the judgment exercised was correct and, as a result, neither standard was breached.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
22 May 1997

Appendix

B L Sinclair's Complaint to Television New Zealand Ltd - 10 February 1997

Mrs Betty Sinclair of Christchurch complained to Television New Zealand Ltd that an

item on One Network News broadcast between 6.00 - 7.00pm on 1 February 1997 was

offensive and inappropriate.

The item, she wrote, dealt with an initiation ceremony for marines in the US and

showed that those who earned badges had the metal pieces "battered and pummelled"

into their chests. She considered that the pictures of this behaviour were too lengthy

and too close-up. She argued that initiation ceremonies used in other countries were

not an appropriate item for screening in New Zealand at 6.00pm.

TVNZ's Response to the Formal Complaint - 7 March 1997

TVNZ advised that it had considered the complaint about an item on One Network

News on 17 January 1997 under standards G2 and G12 of the Television Code of

Broadcasting Practice. It began:

The item told of revelations in the United States about barbaric and sadistic

initiation rites in the highly regarded US Marines. A video tape had been

released in which new recruits were shown apparently having military badge

pins beaten into their exposed chests. The revelations had caused shock and

alarm throughout the military establishment - right up to the Head of the Joint

Chiefs of Staff, who was seen in the item commenting on the issue.

Arguing that initiation ceremonies in the United States were newsworthy in view of its

worldwide military role, TVNZ said that the video of the rites had caused widespread

shock in the United States.

Dealing with the good taste argument, TVNZ stated most of the explicit material had

been concealed by electronic blurring. Rather, viewers had seen the reaction of the

tormented recruits. As it was necessary to explain the cruel rite, TVNZ did not

consider that the item had breached standard G2.

Turning to standard G12, TVNZ reported:

... we make the observation that news programmes have to be considered

somewhat differently from other programmes. Some news is necessarily

distressing. People die violently, famines and civil conflicts sunder families,

children are caught up in high profile custody battles ... the list goes on. But you

cannot broadcast a news programme - and leave out the news. It is in the nature

of news that it is about that which is out of the ordinary, and because it is out of

the ordinary we recognise that it can worry and upset the young. Programme

editors assembling news programmes are mindful of the effect the programme

may have on children and they constantly balance this with the need to avoid

sanitising news to the point where it no longer reflects the truth.

It continued:

It is our view that in this case the interests of children were served by the

warning which preceded the item, by the electronic masking of the acts of

sadism, and by the inter-cutting of interview material so as to reduce the

cumulative effect of the scenes.

Pointing out that the guidelines to the broadcasting standards acknowledged the use of

editorial discretion, TVNZ did not accept that the standards had been contravened.

Mrs Sinclair's Referral to the Broadcasting Standards Authority - 1 April 1997

Dissatisfied with TVNZ's response, Mrs Sinclair referred the complaint to the

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

Repeating that the item showed the barbaric rites performed and the reactions of all

the participants, Mrs Sinclair argued it would have been more appropriate to screen

the item in the later news at about 9.30pm, or as part of a current affairs item. She

considered that its presentation in the news amounted to sensationalism.

It was outside of the boundaries of good taste and decency, she concluded, to screen

barbaric, violent and sadistic military initiation rites at 6.00pm.

TVNZ's Response to the Authority - 8 April 1997

TVNZ advised that it had nothing of substance to add, commenting:

We simply observe here that the story referred to was a significant event that

day and that we believe it not appropriate to leave out of the major news

programme of the day stories of that weight. Viewers are entitled to expect the

main news stories to appear in One Network News.

Mrs Sinclair's Final Comment - 21 April 1997

Mrs Sinclair argued that the significance of the event did not override the

broadcaster's obligations under the Broadcasting Act. Further, the warning and

blurring of the picture did not reduce the impact of the "ritual barbarism and sadism"

screened. Consequently, she concluded, the good taste and decency standard had been

breached.