BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

Pulsate Wanaka Big Air contained a mix of competition skiing and music. The comment – "I hope he’s not gay" – was made by the presenter in response to being kissed on the top of his head by a competitor. The programme was broadcast on TV2 at 5.00 pm on 15 August 1999.

Ms Durkin complained to Television New Zealand Limited, the broadcaster, that in a programme aimed at the youth market such derogatory comments were irresponsible, reinforced negative stereotypes and created prejudice.

TVNZ responded that the programme was presented in a light-hearted fashion and featured exuberant personalities. It was an off-the-cuff joke, it wrote, and was intended to be humorous. While it was sorry Ms Durkin was offended, it declined to uphold the complaint.

Dissatisfied with TVNZ’s response, Ms Durkin referred the 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 a tape of the item complained about, and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing.

The programme Pulsate Wanaka Big Air featured a mixture of competition skiing, snowboarding and music in a light-hearted atmosphere. In one segment, an American competitor kissed the top of the head of the programme presenter and said "I love you man". The presenter responded "I hope he’s not gay". The programme was broadcast on TV2 on 15 August commencing at 5.00 pm.

Ms Durkin complained to TVNZ that because the programme was aimed at the youth market, it had a responsibility to that target age group not to ridicule or make defamatory comments about gay people. The presenter’s comment was irresponsible and should have been edited out, she wrote. The comment was demeaning to gays and only reinforced negative stereotypes and created prejudice, Ms Durkin continued and observed that the comment:

…says quite categorically that there would be something "wrong" with the competitor if he were gay.

TVNZ considered the complaint in the context of standard G13 of the Television Code of Broadcasting Practice which had been nominated by Ms Durkin. That standard requires broadcasters:

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 sex, 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.

The broadcaster observed that the programme had been presented in a light-hearted fashion and had featured some exuberant personalities. While accepting that any joking reference to a specific community group had the potential to represent that group as inherently inferior, the broadcaster did not believe that as a consequence all light-hearted remarks about other people should be forbidden. The remark was not nasty or malicious, TVNZ submitted, "just an off-the-cuff joke at the expense of homophobics".

It conceded that standard G13 would have been at possible risk if the remark had contained "the appearance of a deliberate slur against gays". However, TVNZ concluded, the comment was intended to be humorous and thus qualified for the exclusion in standard G13(iii), particularly given the overall fun nature of the programme. The broadcaster expressed regret that Ms Durkin was offended by the remark, while declining to uphold the complaint.

In referring the complaint to the Authority, Ms Durkin rejected TVNZ’s position that the comment was a joke. Furthermore, she wrote, the programme was a sports programme aimed at a youth audience. It was not a satirical or standard comedy, or a sketch show or a drama, at which the exclusion in standard G13 was directed, she added. Ms Durkin concluded that:

…younger members of our community suffer enough humiliation and prejudice without TV shows reinforcing it.

When invited to respond, TVNZ advised it had nothing further to add.

The basis of Ms Durkin’s complaint, the Authority believes, is that the comment was pejorative, and was intended to promote negative and prejudicial attitudes towards gay people. Standard G13 requires the Authority to consider whether the broadcast portrayed "people in a way which represents as inherently inferior, or is likely to encourage discrimination against, any section of the community". As the Authority noted in Decision No: 1999-091, 092, its task in considering complaints about expressions said to be pejorative and in breach of standard G13 is to ascertain, firstly, whether the comment was used pejoratively. If so, the Authority’s subsequent inquiry is whether there was in the use of the comment the element of advocacy of discriminatory practice which is a prerequisite to the application of the standard.

In this instance, the Authority notes that the comment "I hope he’s not gay" was made by the young presenter in response to a spontaneous kiss on the top of his head. That occurred after an excited participant was interviewed by the presenter after competing in the night skiing event featured in the programme. The Authority considers that the comment was made spontaneously and light-heartedly, in reaction to the competitor’s equally exuberant action. It is unable to accept that it was used pejoratively. It is also unable to find in the expression the degree of advocacy of discriminatory practices which would result in a breach of the standard. The Authority accordingly declines to uphold the complaint.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
4 November 1999

Appendix

The Authority received and considered the following correspondence when it determined this complaint:

1.    Julia Durkin’s Complaint to Television New Zealand Ltd – 16 August 1999

2.    TVNZ’s Response to the Formal Complaint – 6 September 1999

3.    Ms Durkin’s Referral to the Broadcasting Standards Authority
       – 9 September 1999

4.    TVNZ’s Response to the Authority – 23 September 1999