BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The arrest of Headhunter gang members was covered in an item broadcast on 3 News on 11 December 1998.

Russell Gillies complained to TV3 Network Services Limited, the broadcaster, that because the item had shown footage of gang members giving the camera, and therefore the viewer, "the fingers", it had failed in its responsibility to maintain standards of good taste and decency. Mr Gillies described the gesture as a defiant act which was intended to be an insult, and argued that the inclusion of it in the item was offensive.

TV3 advised Mr Gillies that after viewing the item, and examining the context in which "the fingers" symbol was shown, it had concluded that currently accepted norms of decency and taste had not been breached.

Dissatisfied with TV3’s decision, Mr Gillies 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 the item complained about and have read the correspondence (listed in the Appendix). In this instance, the Authority determines the complaint without a formal hearing.

A brief item broadcast on 3 News on 11 December 1998 concerned the arrest of members of the Headhunter gang.

Mr Gillies complained to TV3 Network Services Limited that the inclusion of footage of gang members giving the camera, and, he believed, the viewers, "the fingers", was inconsistent with the observance of good taste and decency. The complainant considered that the gesture was one of defiance and intended as an insult, and therefore maintained that the segment in question was offensive.

On 18 December, TV3 advised the complainant that the complaint would be assessed under standard G2 of the Television Code of Broadcasting Practice. This standard requires broadcasters to:

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.

Mr Gillies wrote to the Broadcasting Standards Authority on 8 February advising that a response to the complaint had not been received from TV3. He also questioned whether standard G2 was the correct standard under which to assess the complaint. He suggested that if footage of a similar nature continued to be included in news programmes, it might be appropriate for warnings to be broadcast. He concluded:

I’m not sure, but I have been led to believe that "giving the fingers" is an insult and illegal in public.

In a letter also dated 8 February, TV3 advised the complainant of its decision. After viewing the item, TV3 concluded that the "fingers" symbol, in the context in which it was shown, was not outside currently accepted norms of decency and good taste. The broadcaster observed that it was not unusual for gang members or criminals to make the "two-finger" salute to the camera, particularly when they were being led into court by the Police. It added that TV3 had screened many examples of this and that Mr Gillies’ complaint was the first it had received in this regard.

Although it declined to uphold the complaint, TV3 advised Mr Gillies that its Director of News and Current Affairs had agreed to talk to editorial staff about the complainant’s concerns and stated that news staff in future would attempt to select, wherever possible, footage which did not contain such gestures.

Dissatisfied with the broadcaster’s reply, Mr Gillies referred the complaint to the Authority for review. He recalled that the news item had covered a peaceful arrest rather than an antagonistic confrontation which the segment suggested had occurred. While Mr Gillies believed coarse language and behaviour could add an authentic contextual element to drama programmes or documentaries, he argued that it had been unnecessary to show footage of gang members "giving the fingers" to the camera in this item. The complainant considered that it was the media’s responsibility to maintain standards of good taste and decency, and he stated that he would not like to live in a society where insulting behaviour was accepted as the norm. Mr Gillies wrote that the verbal version of the gesture would not have been included in a news item, and argued that there was no difference between saying it and showing it.

The Authority’s Findings

As it is required to do under standard G2, the Authority examines the context surrounding the broadcast. It observes that the footage was included in a brief news item concerning the arrest of the entire headhunter gang. It is of the view that the defiant anti-social gesture depicted is one that is commonly used by gang members when they are filmed being arrested or being taken before the courts.

While the Authority acknowledges that "the fingers" gesture is one which, in nearly all cases, is intended to cause offence, it does not consider that the ordinary viewer would have interpreted the gesture as a personal insult on this occasion. Moreover, it believes that viewers would not have been surprised or offended by the inclusion of the footage in a news item about the arrest of gang members.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
29 April 1999

Appendix

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

1. Mr Gillies’ Formal Complaint to TVNZ Ltd – 14 December 1998
2. TVNZ’s Letter to Mr Gillies – 18 December 1998
3. Mr Gillies’ Letter to the Authority – 8 February 1999
4. TV3’s Response to the Complaint – 8 February 1999
5. Mr Gillies’ Referral of the Complaint to the Authority – 10 February 1999
6. TV3’s Letter to the Authority – 15 February 1999
7. TV3’s Response to the Referral – 19 February 1999
8. Mr Gillies’ Final Comment – 3 March 1999