BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Some shots of a woman skiing topless on a skifield were shown in an item about the

11th Spring Carnival at the Remarkables Skifield, broadcast on 3 National News

between 6.00–6.30pm on 14 September 1997.

Mr Moore complained to TV3 Network Services Limited, the broadcaster, that

screening an item whose focus in part was a woman's naked breasts, without warning

during a family viewing time, breached the broadcasting standards.

On the basis that the item was concerned with the fun activities which occurred at the

Carnival, that the scene was in context, that the duration of the shots was relatively

short and that neither the behaviour nor the depiction had a sexual connotation, TV3

declined to uphold the complaint.

Dissatisfied with TV3's decision, Mr Moore referred the 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 item complained about and have read

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

determines the complaint without a formal hearing.

An item about the 11th Spring Carnival at the Remarkables Skifield was shown on 3

National News, broadcast between 6.00–6.30pm on 14 September 1997. Included in

the broadcast were some shots of a woman skiing topless down a ski-jump into a pool

of water.

Mr Moore complained to TV3 that it had failed to provide appropriate warnings of

the content of the programme, and that showing the woman's breasts in a family

viewing time was a breach of both good taste and decency, and of the standards for the

protection of children.

TV3 assessed the complaint under standards G2, G8 and G12 of the Television Code

of Broadcasting Practice. Those standards 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.

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 TV3's view, the item was concerned with fun activities which had occurred at the

Carnival. The broadcaster pointed out that the shots complained about were in

context, that other participants were either naked or in various states of undress, and

that the duration of the particular shots was relatively short. It submitted that, in the

context of the item, neither the behaviour nor the depiction of the topless woman had

a sexual connotation. TV3 declined to uphold the complaint.

When he referred the complaint to the Authority, Mr Moore argued that as the

exposure of a woman's breasts in a film would merit an R16 or R18 classification, it

was inappropriate to include such an item on the news between 6.00–6.30pm without

a warning.

In its examination of the item, the Authority notes that the item was introduced by

the newsreader in a jocular manner and that it was clearly presented as a light-hearted

news segment presenting fun or "dare-devilish" activities. The Authority is of the

opinion that the shots were not inappropriate in context. It does not accept that the

standards relating to decency and taste, to classification codes or to the requirement

that broadcasters be mindful of children, were contravened.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
15 December 1997

Appendix

Mr Moore's Complaint to TV3 Network Services Limited - 15 September 1997

Josh Moore of Tokoroa complained to TV3 Network Services Limited that, during the

broadcast of 3 National News beginning at 6.00pm on Sunday 14 September 1997, a

news item was shown displaying a woman's breasts.

He referred to an item about the 11th Spring Carnival at the Remarkables Skifield. This

disclosed several fun activities and included shots of skiers skiing down a jump and

landing in a pool of water. Included also was a shot of a woman skier, topless, whose

naked breasts were in shot as she skied off the jump into the water.

Mr Moore contended that as news programmes are shown at times when all the

family can watch, broadcasters had a responsibility to maintain high standards. He

claimed that the broadcaster breached the standards for the protection of children, in

not giving appropriate warnings for programmes classified as suitable only for

particular audiences, and in not observing good taste and decency.

TV3's Response to the Formal Complaint - 30 September 1997

TV3 assessed the complaint under Standards G2, G8 and G12 of the Television Code

of Broadcasting Practice. It acknowledged that several of the "fun" activities of the

ski carnival were shown, including some shots of people attempting to jump as far as

they could off a ski ramp into a pool of water. One of the people focussed on was a

topless woman with her hands crossed over her chest at the beginning of the jump,

and whose breasts became exposed as she became airborne and landed.

The broadcaster advised Mr Moore that the scene was in context (other participants

shown were either naked or in various states of undress), the duration of the shot of

the woman's breasts was relatively short, and, in the context of the item, neither the

behaviour nor the depiction of the topless woman had a sexual connotation.

Mr Moore's Referral to the Broadcasting Standards Authority - 1 October

1997

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

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

He responded to the following points in the broadcaster's response:

1) That the scene was in context - other participants were either naked or in

various states of undress. Mr Moore wrote:

Does the fact that other people were in a state of undress justify showing

the shot at all? This is justifying something wrong by saying that the

other parts of the item were wrong too.

2) That the duration of the shot in which the woman's breasts were exposed was

relatively short. The complainant commented that none of the standards

referred to mentioned the length of the item, and that the point was not valid.

3) That in the context of the item, neither the behaviour nor the depiction of the

topless woman had a sexual connotation. Mr Moore's response was that the

absence of sexual connotation did not make right the wrongness of the

behaviour and depiction, for it was the nudity itself which was wrong.

The complainant also disputed the broadcaster's claims that neither the standards

relating to good taste nor mindfulness of children had been contravened. In both cases,

he claimed they were "denying the truth". Mr Moore contended that movies were

rated R16 or R18, in part, because of nudity. He further claimed that, in failing to give

a warning, and in showing children what they were legally not allowed to see until

they were 16 years old "when they are legally old enough to have sex", TV3

contravened the need to be mindful of children.

TV3's Response to the Authority - 20 October 1997

TV3 advised that it had nothing further to add, except to "draw the Authority's

attention to BSA Decision 1996-148".