BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

[This summary does not form part of the decision.]

During an episode of Newshub, political editor Tova O’Brien used the term ‘SNAFU’ in reference to a plane the Prime Minister was supposed to be on breaking down. The Authority did not uphold a complaint that the use of the term ‘SNAFU’ was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of Newshub and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘SNAFU’ did not threaten community norms of good taste and decency, or justify restricting the right to freedom of expression.

Not Upheld: Good Taste and Decency

The broadcast

[1]  During an episode of Newshub, political editor Tova O’Brien used the term ‘SNAFU’ in reference to a plane the Prime Minister was supposed to be on breaking down.

[2]  The episode was broadcast on Three at 6pm on 22 July 2019. As part of our consideration of this complaint, we have viewed a recording of the broadcast and read the correspondence listed in the Appendix.

The complaint

[3]  John Eliott complained that the broadcast breached the good taste and decency standard of the Free-to-Air Television Code of Broadcasting Practice because the term ‘SNAFU’ is ‘potty talk’ that should not be used by reporters, especially at 6pm when people of all ages watch the news.

The broadcaster’s response

[4]  MediaWorks responded that the broadcast did not breach the good taste and decency standard because while the acronym ‘SNAFU’ contains an offensive word, the word itself was not uttered in the broadcast. Therefore the broadcast was unlikely to have caused widespread undue offence or distress.

[5]  Although the complaint was not upheld, MediaWorks apologised for the offence caused and communicated Mr Eliott’s concerns to Newshub’s Head of Television News.

The standard

[6]  The purpose of the good taste and decency standard (Standard 1) is to protect audience members from viewing broadcasts that are likely to cause widespread undue offence or distress, or undermine widely shared community standards.¹

Our analysis

[7]  In New Zealand we value the right to freedom of expression. Accordingly, when we consider a complaint that a broadcast has breached broadcasting standards, we weigh the broadcaster’s right to freedom of expression against the level of actual or potential harm that might be caused by the broadcast.

[8]  The complainant submitted that the use of the acronym ‘SNAFU’ was unnecessary and had the potential to cause harm to the community.

[9]  The context in which such a statement occurs and the wider context of the broadcast are relevant to assessing whether a programme has breached the good taste and decency standard.²

[10]  In this case, we are influenced by  the following contextual factors:

• The term ‘SNAFU’ was used once during the broadcast.
• While it may have been considered by some to be unnecessary, the term was not used in an aggressive or vitriolic way.
• Newshub is an unclassified news programme with an adult target audience.

[11]  The term ‘SNAFU’ was not tested in our 2018 Language That May Offend in Broadcasting research.³ We also note the term was not raised by any respondents to the survey when asked if there were other offensive words we should have tested.⁴ Having regard to this research, we consider the use of this term is unlikely to cause widespread undue offence or distress.

[12]  We acknowledge that ‘SNAFU’ is an acronym for a phrase that contains an offensive word. However, the offensive word was only referenced (by the letter ‘F’) and was not explicitly stated in this broadcast. Like some other language acronyms of this kind, the expression ‘SNAFU’ has over time entered common usage as a colloquial term. It would be unlikely to surprise or offend a significant number of viewers.

[13]  For these reasons we do not consider that this expression was likely to cause widespread undue offence or distress, or undermine widely shared community standards. Any potential for harm by the use of the word ‘SNAFU’ is outweighed by the broadcaster’s right to freedom of expression on this occasion.

[14]  Accordingly we do not uphold this complaint.

For the above reasons the Authority does not uphold the complaint.

Signed for and on behalf of the Authority

Judge Bill Hastings

Chair

18 November 2019    

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1                 John Eliott’s formal complaint – 22 July 2019

2                 MediaWorks’ response to the complaint – 16 August 2019

3                 Mr Eliott’s referral to the Authority – 17 August 2019

4                 MediaWorks’ confirmation of no further comment – 23 August 2019

¹ Commentary:  Good Taste and Decency, Broadcasting Standards in New Zealand Codebook, page 12
² Guideline 1a
³ See Language That May Offend in Broadcasting (Broadcasting Standards Authority, June 2018, page 4)
⁴ As above