BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Ed's Night Party, broadcast at 10.30pm on TV4 on 25 August 1997, included an

interview with a porn star.

Mr Smits complained to the broadcaster, TV3 Network Services Ltd, that the

programme was offensive to both children and adults. He expressed particular

concern that there were children in the audience when the programme was filmed.

Emphasising that the programme was rated AO, was broadcast at 10.30pm, and was

preceded with a warning about coarse language, TV3 declined to uphold the

complaint.

Dissatisfied with TV3'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 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.

Children were seen in the audience of the programme Ed's Night Party, broadcast on

TV4 at 10.30pm on 25 August 1997. The broadcast included an interview with a porn

star.

Mr Smits complained that the questions and comments contained in the broadcast

were offensive to both children and adults, and breached the broadcasting standard

requiring good taste and decency. Children, he noted, were among the studio

audience when the programme was made.

TV3 assessed the complaint under standard G2 of the Television Code of

Broadcasting Practice which requires 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.

Explaining that the programme was rated AO, screened at 10.30pm and was preceded

by a written and verbal warning about coarse language, TV3 maintained that the

broadcast did not breach the standard when contextual matters were taken into

account. As the programme was made in Canada, TV3 pointed out that it had no

control over the composition of the audience.

In his referral to the Authority, Mr Smits maintained that TV3 was at fault by

screening a programme which it acknowledged was unsuitable for children but,

nevertheless, was made in front of an audience which included children. TV3, he

contended, was an irresponsible broadcaster.

The Authority's task is to decide whether the screening of Ed's Night Party on TV4

breached standard G2.

Taking into account the contextual matters raised by TV3, the Authority considers

that the broadcast did not contravene standard R2. The Authority notes the

complainant's view on the composition of the audience, and points out that as this is

not a matter of broadcasting standards, it is not an issue on which it has jurisdiction.

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 TV3 Network Services Ltd - 25 August 1997

Mr Smits of Auckland complained to TV3 Network Services Ltd about the

programme Ed's Night Party, broadcast on TV4 at 10.30pm on 25 August.

The item included an interview with a porn star and the audience clearly included

children. Mr Smits said that some of the questions and comments were offensive to

both children and adults, and he considered that the good taste and decency standard

had been breached.

TV3's Response to the Formal Complaint - 25 September 1997

Assessing the complaint under standard G2 of the Television Code of Broadcasting

Practice, TV3 advised that Ed's Night Party was rated AO, broadcast at 10.30pm, and

was preceded with a warning about coarse language.

In TV3's opinion, the programme was acceptable to an adult audience. It declined to

uphold the complaint.

Mr Smit's Referral to the Broadcasting Standards Authority - 28 September

1997

Dissatisfied with TV3's decision, Mr Smits referred his complaint to the Broadcasting

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

Mr Smits said that his complaint raised an important issue in respect of the application

of standard G2 to children. Pointing out that the programme in question had been

rated AO, Mr Smits asked why children had been allowed in the audience. Because

TV3 had not addressed that aspect of the complaint, Mr Smits described its apparent

indifferent attitude to those children as despicable.

TV3's Response to the Authority - 20 October 1997

TV3 advised that it did not wish to comment on the referral.

Mr Smits' Final Comment - 27 October 1997

Noting that TV3 had rebroadcast in full the programme complained about - on Friday

25 October - Mr Smits said it showed TV3's arrogance towards both himself and the

Authority.