BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

The Authority has not upheld a complaint that reality dating show Naked Attraction, broadcast after 10pm on TVNZ 2, was indecent and should not be shown on television. In the show, potential love interests are introduced by gradually revealing their naked bodies, from the feet up (un-pixelated). With reference to previous decisions on earlier episodes of the programme, the Authority found that while the programme may not have been to everybody’s taste, ample information was available to enable viewers to make a different viewing choice. In the context there was no harm caused which justified restricting the right to freedom of expression.

Not Upheld: Good Taste and Decency

The broadcast

[1]  On 30 May 2022, TVNZ 2 broadcast episode 9 of season 5 of the reality dating show Naked Attraction. The episode followed the same format as previous seasons, with a clothed individual selecting a date from six naked individuals gradually revealed in stages from the feet up, with no blurring or pixilation of the nudity. Once the contestant narrowed their selection down to two individuals, the contestant also appeared naked to choose their preferred date.

[2]  Following the individual’s selection of their date, and footage of the couple’s (fully clothed) date, the individuals talked about their experiences. The participants who were not selected for a date also discussed their experience of being on the show and appearing naked. All appeared to feel positive about their experience on the programme.

[3]  There was significant sexual conversation during the programme, mostly of the contestants’ sexual preferences, as well as discussion of the participants’ and the contestants’ bodies.

[4]  The episode was classified 18LSC (advisory labels LSC signal language, sexual content and content that may offend) and was preceded by a written and verbal warning, which also appeared on screen after each advertisement break:

Naked Attraction is rated Adults Only. It contains full-frontal nudity and explicit sexual references.

The complaint

[5]  Nick Klaassen complained the broadcast breached the good taste and decency standard, stating the show was “disgusting and indecent”, “not Christian”, and should not be shown on public television.

The broadcaster’s response

[6]  TVNZ did not uphold the complaint for the following reasons:

• ‘Naked Attraction was certified 18LSC and screened after 10pm on TVNZ 2, and after 10pm is not considered to be ‘children’s normal viewing time.’
• ‘Each part of Naked Attraction was preceded by a written and verbal warning which advised of the 18 content including full frontal nudity and explicit sexual references.’
• ‘Naked Attraction has screened five series in all. BSA decisions 2017-101, 2018-010 and 2018-073 concerning different series which have screened previously found no breach of TVNZ 2's screening of Naked Attraction except for the warning in regard to the first series, which has been amended for further screenings.’
• ‘Naked Attraction included full-frontal nudity and discussions of an adult nature containing sexual inferences. The nudity and these discussions were matter of fact and not designed to titillate. Full frontal nudity is permitted on Free to Air channels. In this case as the nudity was sexualised and participants talked about what type of bodies appealed to them, the programme was certified 18.’

The standard

[7]  The good taste and decency standard¹ states current norms of good taste and decency should be maintained, consistent with the context of the programme. The standard is intended to protect audiences from content likely to cause widespread undue offence or distress, or undermine widely shared community standards.²

Our analysis

[8]  We have watched the broadcast and read the correspondence listed in the Appendix.

Freedom of expression

[9]  As a starting point, we considered the right to freedom of expression, which includes the broadcaster’s right to offer a range of content to its audiences, and the audience’s right to receive that content. Our task is to weigh the right to freedom of expression against any harm potentially caused by the broadcast. We may only intervene and uphold a complaint where limiting the right to freedom of expression is reasonable and justified.³

[10]  The essence of the complaint is that this programme should not be shown on television due to its nature and content.

[11]  The Authority has previously determined numerous complaints about earlier episodes of Naked Attraction.⁴ Those decisions considered in some depth whether the programme’s premise and style of presentation on its own justified restricting the broadcast of this programme – in other words, was there a good reason to prevent it from being broadcast at all on free-to-air television. The Authority observed in each of those previous cases, that, while the programme may not have been to everybody’s taste, the episodes contained many body-positive messages, those involved in the programme spoke positively of their experiences, and to say that the episodes should not have been broadcast at all, would, in the Authority’s view, have represented an unreasonable and unjustified limit on the right to freedom of expression.

[12]  The same reasoning applies in this case.

Good taste and decency

[13]  We then turned to consider the harm alleged under the nominated standard of good taste and decency. An important element when considering complaints under this standard is the broader context of the broadcast and the expectation that broadcasters will take effective steps to inform audiences of the nature of the programme, to enable audiences to regulate their own viewing behaviour. Where reliable information is available, giving viewers the opportunity to exercise ‘choice and control’, complaints under this standard are unlikely to be upheld.⁵

[14]  While we accept that some people would find the content of the programme confronting – the episode contained extensive full-frontal nudity and frank discussion about sexual attraction – we are satisfied the broadcaster provided ample information to allow viewers to make a different viewing choice.

[15]  Naked Attraction has now been airing on TVNZ for several years, and from its name, and the significant media attention the show has garnered (along with the earlier Authority decisions), most viewers would already be aware of the nature of the programme and its content. Combined with the programme’s late time of broadcast, 18 classification (signalling the highest level of adult content), advisory warning labels, clear warnings before the broadcast and after each ad break, the Authority finds there were strong safeguards in place to ensure viewers had a choice as to whether they wished to view the content of this programme.

[16]  We therefore find no breach of the nominated standard, nor any harm overall that justifies restricting the right to freedom of expression. We do not uphold the complaint.

For the above reasons the Authority does not uphold the complaint.
Signed for and on behalf of the Authority

Susie Staley
Chair
23 August 2022    

Appendix

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

1  Klaassen’s original complaint to TVNZ – 31 May 2022

2  TVNZ’s response to the complaint – 27 June 2022

3  Klaassen’s referral to the Authority – 28 June 2022

4  TVNZ confirming no further comment – 7 July 2022

¹ Standard 1 of the Radio Code of Broadcasting Practice
² Commentary: Good Taste and Decency, Broadcasting Standards in New Zealand Codebook, page 12
³ Freedom of Expression: Broadcasting Standards in New Zealand Codebook, page 6
⁴ 13 Complainants and Television New Zealand Ltd, Decision No. 2017-101; Six Complainants and Television New Zealand Ltd, Decision No. 2018-010; and Hyslop & McElroy and Television New Zealand Ltd, Decision No. 2018-073
⁵ Guideline 1b