BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

"Smokin' Me Out", sung by Warren G, was screened during Coca-Cola Video Hits,

broadcast on TV2 on Sunday morning 21 September 1997.

Mr Smits complained to Television New Zealand Ltd, the broadcaster, that the video

targeted at a young audience was pornographic. It contained sexual innuendo and

stereotypes of women generally, and Asian women in particular.

On the basis that the video had been in the top twenty for some weeks, TVNZ said

that the video played in PGR time was not inappropriate in context. The target

audience, it continued, would be familiar with this imagery which was used in a

number of similar music videos. It declined to uphold the complaint.

Dissatisfied with TVNZ's decision, Mr Smits 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.

Decision

The members of the Authority have viewed the item complained about and have read

the correspondence (summarised in the Appendix). In this instance, the Authority

determines the complaint without a formal hearing.

The video "Smokin' Me Out", sung by Warren G, was broadcast on TV2 on a Sunday

morning video programme.

Describing the message contained in the video as pornographic in that it represented

women as sexual slaves, Mr Smits complained to TVNZ that it breached the

broadcasting standard requiring good taste and decency. Further, he said, it had

treated women as less than equal to men.

TVNZ assessed the complaint under standards G2 and G13 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.

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 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.

TVNZ explained that teenagers were the target audience for the programme, and that

they would be familiar with "Smokin' Me Out", and similar videos. It also pointed

out that the programme was played in a PGR classified time, which acknowledged

that the material screened would not be unsuitable for children under the guidance of

a caregiver.

When he referred his complaint to the Authority, Mr Smits referred to the Authority's

decision (No: 1997-115) when it upheld a complaint about a video of Iggy Pop's

"Pussywalk". "Smokin' Me Out", he maintained, contained the same message.

Further, he questioned the degree of parental supervision of children's television

viewing on a Sunday morning.

In its report to the Authority, TVNZ referred to another decision from the Authority

when, in its discussion about a music item on the radio (No: 1997-072), it had

maintained that context had to be taken into account. In that case, the Authority had

accepted the anti-establishment theme of some rap music.

In his final comment, Mr Smits observed that he considered that rap music was based

on the hatred of women. "Smokin' Me Out", he asserted, was acceptable only in a

culture based on rape, violence and drugs.

While acknowledging that aspects of the video "Smokin' Me Out" were mildly

offensive, the Authority considers that there are major differences in both the lyrics

and visuals of this video, and those in "Pussywalk". Because it does not believe that

the level of offensiveness in "Smokin' Me Out" is anywhere near that contained in

"Pussywalk", it declines to uphold the complaint.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
15 December 1997

Appendix

Mr Smits' Complaint to Television New Zealand Ltd - 22 August 1997

Phillip Smits of Auckland complained to Television New Zealand Ltd about the

broadcast of the video "Smokin' Me Out" by Warren G, broadcast on Coco-Cola

Video Hits on TV2 at 11.10am on 21 September 1997.

Noting that he was near the age of 40, and therefore was not part of target audience of

video programmes, Mr Smits complained that "Smokin' Me Out" was in breach of the

good taste and decency standard, and treated women as less that equal. Describing

the message in the video as pornographic, he said it presented women as female

sexual slaves. Explaining that he had been doing content analysis on pornographic

material for years, he considered the video carried a negative message which was

dangerous.

TVNZ's Response to the Complaint - 6 October 1997

Assessing the complaint under standards G2 and G13 of the Television Code of

Broadcasting Practice, TVNZ explained that teenagers were the target audience of the

programme which played videos from the top twenty hits. "Smokin' Me Out", it

noted, had been in the top twenty for seven weeks and thus was familiar to the target

audience. Further, it reported that the programme was screened in PGR time, which

acknowledged that the material would not be unsuitable for children under the

guidance of a caregiver.

TVNZ pointed out that standard G2 referred to context, and it did not believe the

broadcast was inappropriate in PGR time, TVNZ did not accept that the imagery

contained the messages suggested by Mr Smits.

In regard to standard G13, TVNZ maintained that no one was portrayed on the video

as inherently inferior. It wrote:

To suggest that the video would encourage discrimination against any group

is, in our view, to treat the musical number altogether too seriously. All we

see is a number of young women, portrayed as fans or maybe lovers, cavorting

with or for their favourite pop group.

Didn't that sort of thing happen in the various film presentations of The

Beatles, The Rolling Stones etc. etc.?

TVNZ declined to uphold the complaint.

Mr Smits' Referral to the Broadcasting Standards Authority - 12 October 1997

Dissatisfied with TVNZ's response, Mr Smits referred his complaint to the

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

Mr Smits complained that TVNZ had referred to a number of what he considered

irrelevant matters. He noted that the Authority had upheld a complaint about Iggy

Pop's "Pussywalk", and, he wrote, "Smokin' Me Out" contained the same message.

Mr Smits rejected the PGR defence on the grounds that many parents did not

supervise their children's television watching on Sunday morning. Mr Smits also

rejected TVNZ's argument that the video was similar to many other music videos. He

wrote:

The challenge to the music video-pornography genre has perhaps taken a little

too long to eventuate. But now that it is happening, I'd just ask the Authority

to not fall into the trap of gauging the malicious/pernicious/insidiousness of

this material on the basis of 'explicitness'. A lot of big words I know (sic).

"baby sez won't you please come home with me". Pornographers putting

words in women's mouths = rape myth. It's one of their bluntest instruments

- one they use constantly. And hey man, the women aren't being forced.

How many times have I heard that one...

TVNZ's Report to the Authority - 23 October 1997

Referring to the arguments it had already advanced, TVNZ noted that the Authority in

a recent decision (1997-072), dealing with a music item on radio, had emphasised that

contextual matters had to be taken into account. In that case, the Authority had

accepted the anti-establishment theme of rap music. In the current case, TVNZ urged

the Authority to take the top twenty context into account.

TVNZ also stated:

As Mr Smits raised the matter of his age in his original complaint (he says he

is close to 40) we think it relevant to point out that, although TVNZ has dealt

with a number of formal complaints over the years concerning music videos

on Coco Cola Video Hits they have invariably come from older viewers, rather

than the youth audience at which the programme is aimed. We respectfully

suggest there is a youth culture out there whose interests must be considered

when interpreting the standards as they apply to material of this nature.

Mr Smits' Final Comment - 2 November 1997

Expressing his disagreement with what he saw as TVNZ's suggestion that

objectionable, obscene, offensive and pornographic material could be excused as

politically incorrect, Mr Smits maintained that rap music was sexist and based on the

hatred of women.

He also disputed TVNZ's claim that his complaint should be dismissed on account of

his age. The video, he said, was appropriate only in a culture based on rape, violence

and drugs.