BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Billy Connolly's World Tour of Australia was broadcast on 16 February 1997 at

8.30pm on TV3. Early in the programme, Billy Connolly was shown on stage telling

two jokes which contained offensive language.

Dan Gallagher complained to the broadcaster, TV3 Network Services Ltd, that the

jokes contained gratuitous obscenities and were in bad taste. He believed that the

jokes should not have been in the programme, or the programme should have been

scheduled at a later time in the evening.

Pointing out that the programme played in adult only time and had been preceded with

verbal and visual warnings about coarse language, TV3 maintained that as the word

"fuck" in the first joke was the punch line, its removal would have been to the

detriment of the programme. TV3 did not believe the language used in the second

breached the standards in the context of an adults only programme.

Dissatisfied with the decision, Mr Gallagher referred his complaint to the Broadcasting

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

For the reasons given below the Authority declines to uphold the complaint.

Decision

The members of the Authority have viewed the programme complained about, and

have read the correspondence relating to the complaint (summarised in the Appendix).

In this instance, the Authority determines the complaint without a formal hearing.

Billy Connolly's World Tour of Australia, which was broadcast on TV3 at 8.30pm,

showed Billy Connolly touring Australia and included excerpts from his stage show.

In one of those excerpts Billy Connolly made a comparison between a Harley

Davidson motorcycle and a scooter. The attitude of the driver of the Harley Davidson

was represented by the words "go fuck yourself". In another excerpt Billy Connolly

quoted a woman as saying that the product Vegemite tasted like "licking a cat's arse".

In an aside Billy Connolly asked: "How would she know?"

Dan Gallagher of Invercargill, in complaining to TV3, described the first joke as a

blatant, "in-your -face" obscenity. He considered the second joke to be patently in

bad taste, which spoiled his enjoyment of the product by this "disgusting, revolting,

sickening association". He contended that 8.30pm was family viewing time, and

wrongly classified in the standards as AO. He was of the view that the programme

breached standards G2, G7, G8, G12 and V16 of the Television Code of Broadcasting

Practice.

In respect of standards G2, G7, G8, and G12, 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.

G7 To avoid the use of any deceptive programme practice in the

presentation of programmes which takes advantage of the confidence

viewers have in the integrity of broadcasting.

G8   To abide by the classification codes and their appropriate time bands as

outlined in the agreed criteria for programme classifications.

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

during their normally accepted viewing times.

In relation to the protection of children, V16 provides that:

V16  Broadcasters must be mindful of the effect any programme, including

trailers, may have on children during their generally accepted viewing

periods, usually up to 8.30pm, and avoid screening material which

could unnecessarily disturb or alarm children.

In response to Mr Gallagher, TV3 considered the complaint under the standards

nominated by him. In relation to standard G2, TV3 was of the view that the word

"fuck" was central to the punch line of the joke, and to have removed it would have

been to the detriment of the programme, and the reputations of both TV3 and Billy

Connolly. It pointed out that the programme had screened in Adults Only time with a

warning about coarse language. Previous decisions of the Authority were referred to

where it had been held that use of the word "fuck" in particular contexts did not

breach standard G2. When discussing the second joke, TV3 considered that in the

context of an AO programme the broadcast did not breach standard G2. Furthermore,

it maintained that this type of joke was characteristic of Billy Connolly's style and as

such was in context in the programme. It wrote that the potential for some people to

be offended by the use of language did not mean that the joke was inappropriate and

should not have been screened.

In relation to standard G7, TV3 advised that the programme was not intended as a

family show. It argued that it was classified appropriately and carried a strong verbal

and visual warning. Turning to standard G8, TV3 advised that it was an AO

programme which played in AO time, and carried a warning. In considering standards

G12 and V16, TV3 considered it had taken all reasonable steps to protect child

viewers watching an AO programme which was broadcast in AO time. It advised that

it found none of Billy Connolly's humour (including his language) likely to cause the

distress or alarm necessary to breach V16. TV3 declined to uphold the complaint.

When referring his complaint to the Broadcasting Standards Authority, Mr Gallagher

reiterated that he considered the language complained about to be gratuitously obscene

and offensive. He argued that a paying audience – who went to a stage show where the

jokes were told – were different from a private at-home family audience.

The Authority does not consider that the language complained about, in the context of

the programme, breached standard G2 of the Television Code. In reaching this

decision it is mindful that Billy Connolly is well known for his colourful language. The

programme was classified AO, it was played in AO time and it was preceded with a

strong visual and verbal warning as to its content. The Authority considers these

measures were sufficient to advise viewers of the possibly offensive nature of the

programme, while allowing its integrity to remain. The Authority notes that later in

the programme there was even stronger language. However, this was not complained

about and, given the specific focus of the complaint it is considering, the Authority is

unable to rule on the language usage on other occasions. Had it done so the Authority

may well have found a breach of standard G2. It observes, because of the extent of the

language which may have offended a number of people, that TV3 could well have

considered placing a warning at the end of each commercial break through the

programme. The Authority does not find a breach of standards G8, G12 or V16 for

the reason that the programme was correctly classified AO and played in AO time. It

does not consider that there was any deceptive programme practice in the presentation

of the programme which was in breach of standard G7.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
17 July 1997

Appendix

Mr Gallagher's Complaint to TV3 Network Services Ltd - 21 March 1997

Dan Gallagher of Invercargill complained to TV3 Network Services Ltd that the

programme Billy Connolly's World Tour of Australia, broadcast on TV3 at 8.30pm on

16 February 1997, breached standards G2, G7, G8, G12 and V16 of the Television

Code of Broadcasting Practice. Particularly, he complained about two jokes told by

Billy Connolly early in the programme when the broadcast included excerpts from his

live shows. In the first joke a comparison was made between a Harley Davidson

motorcycle and a scooter with the attitude of the Harley Davidson rider being one of

"go fuck yourself". In the second joke, Billy Connolly quoted a women who said that

Vegemite tasted like "licking a cat's arse". In an aside, he asked; "How would she

know?" Mr Gallagher described the first joke as a blatant, "in-your-face" gratuitous

obscenity. In respect of the second, he wrote:

... patently in bad taste, I along with the makers and marketers, do not care to

have my culinary enjoyment spoiled by this disgusting, revolting, sickening

association. It is unfair to the viewers/listeners and the suppliers.

Mr Gallagher considered there to have been a problem with the mixing of the

travelogue and the excerpts of the stage shows in one programme. He believed that the

offensive language and indecency used should not have been included.

Moreover, he stated that he considered 8.30pm to be family viewing time and wrongly

classified in the standards as AO.

TV3's Response to the Formal Complaint - 29 April 1997

TV3 considered the complaint under the standards nominated by Mr Gallagher.

TV3 advised that in the motorcycle joke, only one "f" word remained and it was

central to the punch line. Its removal, it continued, would have been to the detriment

of the programme and to the reputations of both TV3 and Billy Connolly.

TV3 also referred to Broadcasting Standards Authority Decision Nos: 26/94, 27/94,

3/91 and 164/93 where the Authority had ruled that such language in context and

circumstances did not necessarily breach standard G2. It pointed out that the

programme complained about on this occasion had screened in Adults Only time with

a warning about coarse language.

In respect of the Vegemite joke, TV3 did not consider, in the context of an adults only

programme, that the joke breached standard G2. Furthermore, it said, the joke was

characteristic of Mr Connolly's humour. It did not consider that the potential for

some people to be offended meant that the joke was inappropriate, or should not have

been screened.

Explaining that the programme was a personal look at a country by Billy Connolly as

he toured with his comedy show, TV3 said that that was the reason the stand-up

routine and the travelogue were shown in the one programme. It repeated the point

that the programme carried a warning and was in AO time.

TV3 declined to uphold a breach of standards G7 or G8. In relation to standards G12

and V16, TV3 advised that it had taken all reasonable steps to protect child viewers

watching an AO programme in AO time. It also decided that none of Billy Connolly's

humour was likely to cause the distress or harm necessary to breach V16. The

complaint was not upheld.

Mr Gallagher's Referral to the Broadcasting Standards Authority - 20 May

1997

Dissatisfied with TV3's response, Mr Gallagher referred his complaint to the

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

Mr Gallagher reiterated that he considered the language used by Billy Connolly to be

gratuitously obscene, and offensive. He argued that a paying audience was different

from a private at-home family audience, and he commented:

We do not ask to be bombarded with this rudeness.

TV3's Response to the Authority - 6 June 1997

TV3 advised that it had no further comment to make.