BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

"Frankly, I don't give a shit" was an excerpt from an actor's lines used in a trailer for

the forthcoming broadcast of a radio play. It was broadcast on a number of occasions

on National Radio.

Mr Wyber complained to Radio New Zealand Ltd about a broadcast of the trailer

shortly after 1:00pm on Sunday 6 July 1997. He considered that it was in poor taste

and indicated that the broadcaster was not mindful of children.

As the excerpt was offensive when taken out of context, RNZ upheld the complaint

relating to taste. It advised that the staff involved in its preparation has been

reminded of the need to take care when material is used out of context.

Dissatisfied with the action taken, Mr Wyber referred his 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 that the action

taken by the broadcaster was insufficient.

Decision

The members of the Authority have listened to the item complained about and have

read the correspondence (summarised in the Appendix). On this occasion, the

Authority determines the complaint without a formal hearing.

A trailer for the forthcoming broadcast of a radio play included one character stating,

"Frankly, I don't given a shit". The trailer was apparently broadcast by RNZ on a

number of occasions at different times, and Mr Wyber complained about its broadcast

at 1:08pm on 6 July.

Explaining that the line was an adaptation of "Frankly, I don't give a damn", the

famous last line in Gone with the Wind, RNZ upheld the complaint as a breach of

standard R2 of the Radio Code of Broadcasting Practice. It requires broadcasters:

R2   To take into consideration currently accepted norms of decency and good

taste in language and behaviour, bearing in mind the context in which any

language or behaviour occurs.

RNZ did not accept, it wrote, that the use of the word "shit" was always

unacceptable. However, it upheld the breach on this occasion as the extract used in

the trailer did not convey the context in which the word was used in the drama. The

action taken, RNZ continued, was to request that the senior executives concerned

ensure that staff involved in the production of trailers take care when comments are

taken out of context.

Dissatisfied with RNZ's action, Mr Wyber referred the complaint to the Authority.

He pointed out that RNZ had upheld a similar complaint he had lodged earlier in the

year, and had taken similar action. On this occasion, he argued that disciplinary action

was called for.

RNZ contended to the Authority that the action taken was sufficient. It commented

that in view of staff re-structuring, it was unlikely that the staff responsible for the

trailer broadcast early in 1997 were also responsible for the trailer which gave rise to

the complaint on this occasion.

The Authority endorses RNZ's concern about the need for care when extracts are

taken out of context during the preparation of trailers. RNZ has acknowledged that

insufficient care was taken on this occasion when the trailer complained about was

prepared. As RNZ explained in the correspondence, the extract was found by a

number of listeners to be needlessly provocative. Having upheld the complaint,

RNZ's action involved an effort to prevent repetition. While the Authority notes Mr

Wyber's reluctance to accept this action in view of a previous similar transgression, it

also takes into account the ongoing changes to RNZ. In these circumstances, it

accepts the action as sufficient on this occasion.

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

action by Radio New Zealand Ltd, having upheld the complaint, was

insufficient.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
16 October 1997

Appendix

Mr Wyber's Complaint to Radio New Zealand Ltd - 8 July 1997

William Wyber of Christchurch complained to Radio New Zealand Ltd about a

comment made on the National Programme at about 1:08pm on 6 July 1997.

Referring to standards R2 and R3 of the Radio Code of Broadcasting Practice, Mr

Wyber said the programme complained about was a trailer in which the final comment

was "I don't give a shit".

Mr Wyber mentioned a similar complaint he had made in February 1997, and

expressed particular concern at the time of this broadcast. It was broadcast, he added,

immediately before a programme for the differently-abled which would be listened to

by many younger people. He also commented about the increasing problem at

intermediate schools with foul and vulgar language. In conclusion, he expressed

concern about New Zealand's image internationally.

RNZ's Response to the Formal Complaint - 24 July 1997

Explaining that the term to which objection had been taken was included in a trailer for

the forthcoming broadcast of a radio play, RNZ assessed the complaint under the

nominated standards. In doing so, it reported that it had taken the following matters

into consideration:

* The structure of the "trailer" itself;

* The satirical intentions of the author;

* The times at which the "trailer" was played;

* The number of times the "trailer" was repeated;

* The status of the word objected to;

* The context in which the word occurred; in which the "trailer" was

broadcast; and the context in which the word was heard in the drama itself.

RNZ did not accept that the use of the word "shit" was always unacceptable,

pointing to its use in television broadcasts. On this occasion, the word has been

included as part of a take-off of the famous last line from "Gone with the Wind". The

use of the phrase "Frankly, I don't give a shit" rather than "Frankly, I don't give a

damn", RNZ continued, was in accord with the play's iconoclastic style.

RNZ expressed the opinion that it would be unlikely to uphold a complaint about the

use of the word in the broadcast of the play. In support of this view, it noted that the

trailer evoked three complaints and the full play, none. However, as the use of the

phrase in the trailer lacked full context and it was broadcast with little regard to the

likely audience at the time, RNZ decided that it breached standard R2.

The action taken, RNZ reported, had been a request to senior staff to ensure that staff

involved in trailer production took care about the material used when taken from its

context.

Mr Wyber's Referral to the Broadcasting Standards Authority - 11 August 1997

Dissatisfied with the action taken by RNZ having upheld the complaint, Mr Wyber

referred it to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989.

Mr Wyber recalled that RNZ had upheld a complaint from him in early 1997 about

some language used which, he said, was vulgar, inept and foul. At that time, he

reported, he had been advised that RNZ had issued an instruction to staff avoid the

use of such language.

As the current complaint was the second of a similar nature, Mr Wyber maintained

that some disciplinary action was called for. He added that since being advised by

RNZ of the result of his current complaint, he had on yet another occasion

complained about similar language used in a broadcast.

RNZ's Report to the Authority - 25 August 1997

RNZ maintained that the use of the word "shit" did not automatically breach the

standards. Context, it argued, was very important, but in this case the complaint had

been upheld because its use in the trailer lacked contextual integrity.

RNZ also argued that the decision in the earlier complaint should not be taken into

account. Further, given structural changes to the company, it was unlikely that the

same staff would be involved in preparing trailers at the time of each broadcast

complained about.

The trailer complained about on this occasion, RNZ continued, involved the producer

of the trailer failing to realise that taking the excerpt out of context would probably

result in a false impression of the programme to come. Further, producers of trailers

were unable to anticipate the time the trailer would be broadcast and some times, as

occurred on this occasion, were not appropriate.

Pointing out that the trailer gave rise to a number of complaints, RNZ said the matter

had been discussed with the current responsible manager before Mr Wyber's

complaint was determined. Complainants were advised that the complaints, in effect,

had been upheld in advance and Mr Wyber was the only person who wanted his

complaint to stand.

As for the action proposed by Mr Wyber, RNZ considered that it did not take into

account the relatively minor nature of the breach or the realities of restructuring which

involved major staffing revisions.

RNZ concluded:

The Company believes that it has reached an appropriate decision on the matter

complained of, and took early and appropriate action prior to the receipt of

specific complaints about the broadcast.

Mr Wyber's Final Comment - 4 September 1997

Mr Wyber pointed out that the specific item about which he had complained was not

the first time that the trailer had been broadcast. He referred again to his complaint in

January this year about similar language which RNZ had upheld. Employers, he said,

were under a responsibility to train their staff in their legal responsibilities, and were

culpable should employees fail to comply.

After discussing RNZ's responsibility for the breach and acknowledging that the

broadcaster was in the best position to assess the penalty to impose on the

responsible staff member, Mr Wyber maintained that RNZ did not take early and

appropriate action as it claimed.