BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Promos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8.30pm. The promos contained some nudity and sex scenes, as did the programme itself.

Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material.

As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s.8(1)(b) of the Broadcasting Act 1989. When the matter was referred to TVNZ, it advised that it had not received Mr Henderson’s letter in which he had clarified his grounds for making a formal complaint. Nevertheless, it then proceeded to deal with the complaints. Turning first to the promo for the programme, TVNZ reported that it had found no overt nudity and there was but a brief shot of what appeared to be naked bodies falling towards a bed. It advised that it did not consider that the standard was breached by showing the promo in G or PGR time.

As for the programme itself, TVNZ responded that it was preceded by a warning advising viewer discretion. In addition, it noted, it carried an AO classification. For these reasons it maintained that the programme did not exceed the good taste standard. It also maintained that the programme was correctly classified and declined to uphold any aspect of the complaints.

For the reasons given below, the Authority declines to uphold the complaints.

Decision

The Members of the Authority have viewed a tape of the promos and the programme, and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaints without a formal hearing.

The period drama Catherine the Great was broadcast on TV One on 7 February 1999 beginning at 8.30pm. In the days prior to the broadcast, it was previewed in promos which were broadcast at various times during the day.

Mr Henderson complained through the Broadcasting Standards Authority that the overt nudity and sex scenes in both the programme and the promos breached broadcasting standards. When he referred the complaint to TVNZ he complained in particular about the scene in Catherine the Great of the Czar "jumping into bed with his whore, both fully undressed and proceeding to have sex." He complained that there was no warning about this scene. In his view, censorship warnings should be displayed at the beginning of each programme and at the end of the ad breaks.

Mr Henderson maintained that most New Zealanders considered explicit nudity and sex scenes to be offensive "not out of prudishness but rather a sense of appropriateness and privacy."

As a separate complaint, Mr Henderson complained about the promos for the programme which, he said, contained content unsuitable for children’s viewing times.

Mr Henderson referred the complaint to the Authority under s.8(1)(b) of the Broadcasting Act when he did not receive a response from TVNZ in the statutory time frame. Referring again to the promos for the programme, he said he clearly remembered inappropriate nudity being shown before 8.30pm, which he considered breached standards G22 and G24 of the Television Code of Broadcasting Practice. He also complained that the programme and promos breached standards G2 and G8.

In its response, TVNZ advised that it had not received Mr Henderson’s letter of 12 February when he clarified his intentions. Nevertheless, it responded in full to the complaints. It had assessed them under the standards nominated by Mr Henderson, it advised. Standards G2 and G8 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.

G8  To abide by the classification codes and their appropriate time bands as outlined in the agreed criteria for classification.

The other standards read:

G22  Promotions (promos) for AO programmes may be screened during PGR or G time bands provided the promo is made in such a way that it can be classified as PGR or G, as appropriate. Promotions which carry an AO classification may only be screened within AO time bands.

G24  Broadcasters must be mindful that scenes containing incidents of violence or other explicit material may be acceptable when seen in the total context of a programme, but when extracted for promotion purposes such incidents will be seen out of context and may thereby be unacceptable, not only in terms of the codes but also for the time band during which the promo is placed.

Turning first to the complaint about the promo for the programme, TVNZ advised that there was no scene in the promo where there was overt nudity. It noted there were no genitals shown, nor exposed breasts. A shot in which what appeared to be naked bodies falling into bed was, TVNZ noted, very brief indeed. It added:

It is so brief that in promo form we suggest it cannot be recognised for what it is without drawing the sexual innuendo from the commentary which at that point describes Catherine the Great as a "lush two-part costume drama – or when they stay on."

TVNZ suggested that unless viewers grasped the sexual implication in the phrase "when they stay on", they would have had great difficulty in working out what the scene was showing. It argued that sexual innuendo in itself did not constitute a breach of standards in G or PGR time, and would not have caused harm to young minds, for whom the innuendo would have had no meaning. It noted that the promos were broadcast during "Coronation Street" – a series which itself contained sexual innuendo on a fairly regular basis apparently without appearing to cause distress to parents of young children.

Standard G22, TVNZ noted, allowed broadcasters to advertise AO programmes during G time, provided that the promo satisfied G programming requirements. In this case, it argued, the promo had been carefully made to indicate its content to its mature audience but in a manner which would have escaped the understanding of younger viewers. In response to Mr Henderson’s argument that promos should be classified, TVNZ noted that to include such ratings would only confuse viewers. It did not accept that standard G22 was infringed and, because it accurately indicated the programme’s content, its view was that standard G24 was not endangered.

Turning to the programme itself, TVNZ pointed out that it was preceded by a specific warning that the programme would contain nudity and sex scenes and advised viewer discretion. In addition, TVNZ reported, the programme was classified as AO. That classification, it added, appeared at the beginning of the programme, and after each commercial break.

In this context, TVNZ’s view was that the programme had not strayed beyond currently accepted norms of decency and taste. It suggested it would have been very difficult to have produced a historical costume drama about Catherine the Great of Russia without reference to her "scandalous behaviour" and the "licentious nature of her court". Had it avoided the subject the programme would, in TVNZ’s opinion, have painted an inaccurate picture of the queen and her early reign. It concluded that as the sex scenes were discreet and spaced throughout the programme, standard G2 was not infringed.

As to the complaint under standard G8, TVNZ responded that it believed that AO was the correct classification. It declined to uphold the complaints.

In his final comment, Mr Henderson advised that his comments regarding the trailer for Catherine the Great also applied to other trailers containing explicit material which were broadcast during G and PGR timebands, such as during daytime cricket games. Without the benefit of video recall, he said he would leave it to the Authority as to whether the trailer breached any standards.

As for the broadcast of the programme, Mr Henderson contended that he had seen no warnings as to the content at the beginning of the programme or after the commercial breaks. He emphasised that as many people changed channels during commercial breaks, it was important to alert them to the likely content of the programme they were tuning in to. In his view it was rather surprising that television broadcasters were not required to broadcast warnings, given that most movies at theatres contained warnings.

The Authority’s Findings

The Authority turns first to the complaint that the trailers for the programme Catherine the Great contained overt nudity and sex scenes and further, that it was inappropriate to broadcast them during the early evening. It also notes Mr Henderson’s objection that there was no warning to viewers about their content.

With reference first to standard G2, which requires broadcasters to observe standards of good taste and decency, the Authority finds no breach. It has viewed several of the programme’s trailers and finds none which contained nudity and sex scenes which could breach the standard. It notes that there was some innuendo which suggested that the programme itself would focus on aspects of Catherine’s love affairs but nothing in the trailers which would be considered unsuitable for general broadcast.

As for the complaints under standards G22 and G24, which relate to the content of trailers and when they may be broadcast, the Authority finds no breach of the standards. It considers the trailers were suitable for a G and PGR time band and further, that the extracts which were highlighted in the trailers were a fair reflection of the content of the programme itself. It therefore declines to uphold these aspects of the complaint.

Turning to the complaint relating to the programme itself, the Authority reiterates that, as with all complaints alleging a breach of good taste, contextual factors are important. It notes that Catherine the Great was broadcast in AO time, beginning at 8.30pm, and was preceded by a warning advising viewers to exercise discretion. In addition, the AO symbol was screened at the beginning of the programme and after each programme break. Thus, it was clearly designated as being suitable for adults only. In that context, the Authority then considers whether the content was unsuitable for an adult audience. It notes that while there was some sexually explicit content, it was screened well after the watershed and did not offend the standard.

As for the complaint that the programme was inappropriately classified, the Authority’s view is that AO is the correct classification, and the time slot appropriate for this programme. It therefore declines to uphold this aspect of the complaint.

As a final point, the Authority notes that TVNZ’s failure to respond was understandable given that Mr Henderson’s letter of referral appeared to have gone astray. It acknowledges that TVNZ provided a comprehensive response when asked to do so.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
24 June 1999

Appendix

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

Boyd Henderson’s Informal Complaint to the Broadcasting Standards Authority –
8 February 1999

TVNZ’s Response to the Informal Complaint – 10 February 1999

Mr Henderson’s Formal Complaint to TVNZ – 12 February 1999

Mr Henderson’s Referral to the Broadcasting Standards Authority – 20 April 1999

TVNZ’s Response to the Authority – 3 May 1999

Mr Henderson’s Final Comment – 31 May 1999