BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2.10pm.

Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards.

In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint.

Dissatisfied with TVNZ’s decision, Ms Hutchings referred the 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 which is listed in the Appendix. On this occasion, it determines the complaint without a formal hearing.

A stripper exposed her breasts during her performance at a strip club on an episode of Heartbeat broadcast on TV One on 18 November 1998 beginning at 1.25pm.

Ms Hutchings complained to TVNZ that the scene was not suitable for broadcast during the afternoon, and that the programme was incorrectly classified as PGR. She argued that the content conveyed stereotypical views about women which could condition them to believe it was an acceptable thing for girls to do. She asked TVNZ to examine the complaint under standards G2, G8, G12, G13, V16 and V17. Standards G2, G8, G12 and G13 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.

G12  To be mindful of the effect any programme may have on children during their normally accepted viewing hours.

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:

factual, or

the expression of genuinely-held opinion in a news or current affairs programme, or

in the legitimate context of a humorous, satirical or dramatic work.

The other standards read:

V16  Broadcasters must be mindful of the effect any programme, including trailers, may have on children during their generally accepted viewing periods, usually up to 8.30pm, and avoid screening material which could unnecessarily disturb or alarm children.

V17  Scenes and themes dealing with disturbing social and domestic friction or sequences in which people – especially children – or animals may be humiliated or badly treated, should be handled with great care and sensitivity. All gratuitous material of this nature must be avoided and any scenes which are shown must pass the test of relevancy within the context of the programme. If thought likely to disturb children, the programme should be scheduled later in the evening.

In its response, TVNZ advised that it had considered the complaint under the nominated standards. The storyline, it noted, was that a Police constable was offered a job and promotion in London just as his wife was beginning to enjoy life in the country and had been offered the chance to take over a medical practice. On the day of his job interview in London, the constable witnessed a questionable drugs raid, and with a colleague went to a strip club.

The scene to which Ms Hutchings objected, TVNZ noted, showed a stripper, mostly in profile, performing her routine. While her breasts were shown, it noted that they were seen in the context of a seedy London club. It suggested that the dramatic object was clearly to provide a contrast between the London scene and the idyllic country surroundings the constable was considering leaving.

TVNZ noted that the programme carried a PGR certificate. PGR material is defined as:

Programmes containing material more suited to adult audiences but not necessarily unsuitable for child viewers when subject to the guidance of a parent or an adult.

It acknowledged that the scene contained material more suited to adults, but did not agree that the content was unsuitable for younger viewers when subject to the guidance of an adult. It noted that there was provision in the Codes of Practice for the broadcast of PGR material between 9.00am and 4.00pm as well as AO material between midday and 3.00pm on weekdays. Thus, it observed, even had this episode carried an AO certificate, it could still have been broadcast in this time slot.

As far as standard G2 was concerned, TVNZ did not believe the content exceeded norms of decency and taste, particularly in the context of a programme classified as PGR.

With reference to the complaint under standard G8, TVNZ responded that it considered the programme was correctly classified. It did not consider the content was such as to require an AO classification although, it noted, it could still have been broadcast in that time slot with an AO certificate.

Turning to standard G12, TVNZ argued that the responsibility for what children watched was not the sole preserve of the broadcaster. It noted that parents and caregivers also had a responsibility in recognising that a programme classified as PGR indicated that TVNZ considered it required parental guidance. TVNZ submitted that by correctly classifying the programme and placing it in this time band it had demonstrated that it was mindful of the effect of the programme on children.

In its response under standard G13, TVNZ noted that there was a specific exemption clause with respect to the legitimate context of a dramatic work.

Next TVNZ responded to the complaint that standard V16 was breached. It recorded that it was cautious about what it broadcast during the AO hours between noon and 3.00pm and noted that there were a number of adult programmes which it would not schedule in that time band. As far as this complaint was concerned, it took the view that 1.25pm on a Wednesday was not a generally accepted viewing time for children, but in any case it had demonstrated that it was mindful of children by attaching a PGR certificate.

In reference to standard V17, TVNZ responded that it found no scenes or themes which breached the standard. It did not agree with Ms Hutchings that the strip show scene could have been omitted without changing the story, noting that it was important in providing a contrast between the city and the country.

TVNZ declined to uphold the complaint.

When she referred the complaint to the Authority, Ms Hutchings emphasised that her concern was that there were children watching television at this time of day and that provision should be made for the fact that not all young children were at school or kindergarten at this time. In her view, the strip scene exceeded the norms of decency and good taste. She repeated that it could have been cut out of the sequence without interfering with the overall effect of the scene.

TVNZ advised that it had no further comment to make.

The Authority's Findings

When it assesses a complaint which alleges a breach of good taste and decency, the Authority is required to take into account contextual factors. On this occasion, it considers the relevant matters of context are the programme’s PGR classification and the fact that it was screened during daytime AO time, the importance of the scene to the story and its duration, and the expectations of the audience.

The Authority notes that the provision of AO time for adult audiences between noon and 3.00pm is in recognition that there are many adults, including shift workers, who wish to watch programmes containing a variety of themes, including adult themes, during daytime hours.

The episode of Heartbeat complained about was classified as PGR, but was scheduled during AO time. In other words, even had it been classified AO, it would have been appropriately scheduled, the Authority concludes, given that the Codes of Broadcasting Practice specify that material containing adult themes can be broadcast between noon and 3.00pm.

Next, the Authority looks at the relevance of the scene complained about to the story. The setting for the scene was a strip club, and while two male characters had a discussion in the background about the relative merits of city and country life, a topless dancer performed before the camera. Her somewhat languid performance was relatively brief. The Authority does not find that it was such that it breached currently accepted norms of decency and taste. The club’s sleaziness was an effective counterpoint to the pleasant country life which the constable was considering leaving behind. On that basis, the Authority concludes it was relevant to the programme’s theme.

The Authority also takes into account the expectations of the audience when it examines context. It finds that TV One’s early afternoon programming is principally geared towards adult viewers, and that there are no programmes for children scheduled between noon and 3.00pm. Therefore, the Authority concludes, very young children would be unlikely to choose to watch this channel by choice. Because the programming schedule is clearly adult-oriented, the Authority accepts that the responsibility remains with parents and caregivers to ensure that children are supervised in their viewing.

On the above reasoning, the Authority concludes that there was no breach of the good taste standard and declines to uphold this aspect of the complaint.

Next it turns to the complaint that the programme was incorrectly classified and thus breached standard G8. The Authority notes TVNZ’s point that programmes which are classified PGR are not intended for viewing by children unsupervised. It is the responsibility of the parent or caregiver to judge the appropriateness of any programme in the circumstances of their own family. The Authority concludes that the programme was correctly classified and did not breach standard G8.

With respect to the complaint that TVNZ had not been mindful of children, the Authority responds that for the same reasons it declines to uphold the good taste complaint, it declines to uphold the complaint that standard G12 was breached. The context was clear. The programme was scheduled in AO time among other programmes intended for an adult audience. It was not a programme intended for children.

The Authority then deals with the complaint that the footage of the woman stripping was in breach of standard G13 because it reinforced a stereotypical view about women. The Authority does not find the brief footage broadcast encouraged viewers either to regard women as inherently inferior, or to encourage discrimination against them. It declines to uphold this aspect of the complaint.

As for the complaint that standards V16 and V17 were breached, the Authority advises that these standards pertain to the portrayal of violence, and are not applicable in these circumstances.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
25 February 1999

Appendix

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

Ms Hutchings’ Complaint to Television New Zealand Ltd – 23 November 1998

TVNZ’s Response to the Formal Complaint – 9 December 1998

Ms Hutchings’ Referral to the Broadcasting Standards Authority – 22 December 1998

TVNZ’s Response to the Authority – 12 January