BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

An episode of Dharma and Greg was broadcast on TV2 on 14 October 1998 between 7.30-8.00pm. A male character described two women as "deaf Cockney humpbacks".

Mr Kirkland complained to Television New Zealand Ltd that the portrayal of deaf people in the programme was discriminatory and paternalistic, and perpetuated a stereotypical view about deaf people being stupid. He sought an apology from the broadcaster.

TVNZ pointed out that this was a comedy programme in which the two characters regularly assumed character roles. In this case one decided to be a humpback who was hard of hearing while the other adopted a Cockney accent. A male character said to them "Hello deaf Cockney humpbacks". TVNZ said it found nothing in this exchange which suggested that deaf people were intellectually limited, nor anything that would encourage discrimination against deaf people.

Dissatisfied with TVNZ’s response, Mr Kirkland 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, the Authority determines the complaint without a formal hearing.

An episode of the comedy programme Dharma and Greg was broadcast on TV2 on 14 October 1998 at 7.30pm. The lead character Dharma and her friend Jane assumed character roles for the purpose of a visit to a hardware store. Jane assumed the role of a humpback who was hard of hearing, while Dharma spoke in a heavy London accent. The leading male character teased both women by saying "Hello deaf Cockney humpbacks".

Mr Kirkland of Wellington complained that the reference to a "deaf humpback" perpetuated a stereotype about deaf people which was insulting, paternalistic and incorrect. He sought an apology from the broadcaster. In particular, he objected to the sequence where Dharma was seen to be guiding her friend like a dog by holding her hand. He complained that it was a breach of good taste because it insulted the dignity of deaf people and further, that it encouraged discrimination against deaf people by being paternalistic towards them and not allowing them to be free.

Mr Kirkland, himself deaf, invited the Authority members to evaluate the complaint by attending a deaf club and trying to participate in a deaf environment without knowing any sign language. He also asked that the evaluating panel include deaf people for representational fairness.

TVNZ advised that it had considered the complaint in the context of standards G2 and G13 of the Television Code of Broadcasting Practice. Those standards 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.

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.

TVNZ suggested that Mr Kirkland might have missed the point about the programme, which was that it was a comedy programme in which the "quirky and extroverted" Dharma and her friend regularly assumed character roles in various circumstances. In this case, it was for a visit to a hardware store.

TVNZ made the point that nowhere in the programme was the phrase "deaf humpback" used. First, it noted, the character Jane said she was a humpback who was hard of hearing while Dharma assumed a Cockney accent. Then, referring to Jane and Dharma’s characters, Greg teased both women by saying "Hello deaf Cockney humpbacks."

TVNZ said it saw nothing in the exchange which suggested that deaf people were in any way intellectually limited. The Jane character had simply plucked two human attributes out of the air to form the basis for her play-acting at the hardware store, it argued.

As for the scene which Mr Kirkland stated showed Dharma leading Jane by the hand, TVNZ responded that it had been unable to find such a scene anywhere in this episode. It therefore did not respond to this aspect of the complaint.

Turning to standard G2, it advised that it did not accept that the actions of the characters in the scene described strayed beyond currently accepted norms of decency and good taste, given the context of a light-hearted comedy programme in which the pair’s propensity for play-acting was well known.

As far as standard G13 was concerned, TVNZ advised that it did not agree that actions of this type persuaded viewers that deaf people were in any way inferior, or that they encouraged discrimination against the deaf. It emphasised that there was nothing malicious about the humour, and no suggestion that it was intended to denigrate the hard of hearing. It also noted the exemption in clause (iii) of standard G13 which relates to humour.

TVNZ declined to uphold the complaint.

When he referred the complaint to the Authority, Mr Kirkland reiterated his view that the incident was discriminatory to deaf people. In his view, TVNZ had missed the point that the stereotypes were utterly wrong and damaging to deaf people, and that hearing people took those stereotypes into their subconscious. He did not believe TVNZ understood how insulting the incidents were to deaf culture.

In Mr Kirkland’s view, a suitable remedy was to provide programmes which insulted hearing people, to make tougher rules for the portrayal of minority groups like deaf people and to apologise for the insulting portrayals in the programme.

When TVNZ responded to the Authority it held to the view that the humour was neither discriminatory nor insulting.

The Authority’s Findings

The Authority deals first with the complaint that the good taste standard was breached by the character Jane’s portrayal of a deaf person. The Authority notes that the sequence begins with Dharma’s suggestion that she would adopt a London accent, and in its view, it was apparent that Jane’s response – to pretend she is hard of hearing – was designed to draw attention to Dharma’s rendition of that accent. The Authority does not find any aspect of Jane’s portrayal of a deaf person to be in breach of the good taste standard. Similarly it does not find the portrayal of Jane as a person with a humpback to be in breach of the standard, and does not agree that there was any implication that people with humpbacks were intellectually inferior.

Turning to the complaint that deaf people were discriminated against, the Authority finds no breach of standard G13 for the same reasons. It reiterates that there was no implication or possible inference to be drawn that either deaf people or people with humpbacks were in any way inferior. Accordingly it 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
18 February 1999

Appendix

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

Mr Kirkland’s Complaint to TVNZ – undated

TVNZ’s Response to the Formal Complaint – 19 November 1998

Mr Kirkland’s Referral to the Broadcasting Standards Authority – undated

TVNZ’s Response to the Authority – 18 December 1998