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 the use of the phrase ‘insane for the Ukraine, left hook to the brain’ by a presenter following TVNZ’s coverage of the Olympic men’s middleweight boxing final, breached the good taste and decency standard. In this context, the language used would not have caused audiences undue offence or distress, or undermine widely shared community standards.

Not Upheld: Good Taste and Decency

The broadcast

[1]  TVNZ’s coverage of the 2020 Tokyo Olympic Games included the men’s middleweight boxing final between Brazilian boxer Herbert Sousa and Ukranian boxer Oleksandr Khyzhniak on 8 August 2021 at 12.15am. Sousa had lost the first two rounds but won the gold medal with a counter left hook described by the commentator as a ‘bolt out of the blue’. Khyzhniak ‘hit the canvas hard’ then got to his feet and ‘begged to continue’ after the ref ended the bout.¹

[2]  After the match, TVNZ’s studio presenter, Scotty Stevenson, regarding Mr Sousa’s gold medal victory over Mr Khyzhniak, said, ‘Welcome back everyone, and what about that middle weight contest in the boxing, insane for the Ukraine, left hook to the brain’. The comment was sung to the tune of the song ‘Insane in the Brain’ by Cypress Hill.

The complaint

[3]  Roman Kudin complained the broadcast breached the good taste and decency standard on the basis the presenter, through his rhyming comments, was making a joke about a traumatic brain injury suffered by the Mr Khyzhniak:

• ‘The reference to the song/band is irrelevant – a song’s existence cannot prove that its lyrics are appropriate to be used in commenting sport events.’
• ‘Both the athlete’s defeat and his acute brain injury were the immediate and observable circumstances of the bout…the presenter decided to make the associated brain injury as the main part of his humorous comment – to me it was inappropriate and lacking good taste and decency’.
• Regarding the broadcaster’s comment that boxing ‘invariably involves blows to the head’, Mr Kudin commented:
  • ‘the front & sides of the head are the legal target areas in boxing. Similarly, the player’s body below the shoulder’s line are the legal target areas for tacklers in rugby’.
  • ‘The main goal of a boxer is to punch and to avoid being punched – sometimes it causes an injury to his/her opponent and results in a win by KO. Similarly, the main goal of legal tackling in rugby is to bring the opponent to the ground, it often involves impact to the body, and sometimes it causes an injury to the tackled player.’
  • ‘I cannot recall any episodes of a rugby match coverage on TVNZ, where the presenter would comment the successful tackle by making a joke about the obvious injury sustained by the tackled player.’

The broadcaster’s response

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

• The presenter’s rhyme was a ‘brief light-hearted aside’.
• The presenter’s comments were referring to the punch that knocked out Mr Khyzhniak and the fact that the result of the match was an ‘upset’ as Mr Khyzniak was favoured to win.
• ‘The main goal of a boxer is to knock out his or her opponent and this invariably involves blows to the head (and the effect this has on the brain)’.
• The presenter was referencing ‘the immediate, observable circumstances of the end of the gold medal boxing bout’ and ‘was not making light of long term or permanent brain injuries’.
• ‘The rhyme was made in the context of live, unscripted, studio banter’.
• ‘The segment was consistent with the conversational and light-hearted approach that characterised TVNZ’s coverage’ of the Olympic Games.
• The Olympic coverage was aimed at families and mature viewers.
• The comments would not offend or distress a significant number of viewers.

The standard

[5]  The good taste and decency standard² 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.³

Our analysis

[6]  In considering this complaint we have viewed the broadcast and read the correspondence listed in the Appendix.

[7]  The right to freedom of expression is an important right in a democracy. It is important that we weigh the right to freedom of expression against the harm potentially caused by the broadcast. We may only intervene when the limitation on the right to freedom of expression is reasonable and justified.

[8]  The context in which such a statement occurs and the wider context of the broadcast are relevant to assessing whether a programme has breached the good taste and decency standard.⁴ The relevant contextual factors considered here include:

• The coverage of the 2020 Tokyo Olympic Games was generally aimed at families and mature viewers.
• The men’s middleweight boxing final was broadcast at 12.15am. Given the time of the broadcast and the nature of the sport the target audience of this broadcast would likely be mature viewers.
• The comment was made in the context of a live broadcast and sports commentary is from time to time irreverent.
• The phrase was intended to be humorous shown by the light-hearted tone and rhyming delivery in reference to a song. The comments would be understood by the viewer to be a reference to the knockout punch in the match rather than a comment mocking those suffering from traumatic brain injuries.   
• In New Zealand there is increasing concern about head injury impact on professional sports players.⁵
• Khyzhniak was not knocked unconscious, did not appear to be severely injured, and had ‘begged to continue, adding another instance to a series of Tokyo stoppages that would be considered far too early in professional bouts’.⁶

[9]  Overall, while the comment was insensitive, the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards. Any potential for harm is outweighed by the broadcaster’s right to freedom of expression on this occasion.

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

Susie Staley
Acting Chair
1 December 2021    

Appendix

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

1  Roman Kudin’s formal complaint – 10 August 2021

2  TVNZ’s decision on the complaint – 6 September 2021

3  Kudin’s referral to the Authority – 5 October 2021

4  TVNZ’s confirmation of no further comments – 6 October 2021

¹ “Brazil's Hebert Sousa delivers wonder punch to win shocking gold in Tokyo” Stuff (online ed, 7 August 2021) 
² Standard 1, Free-to-Air Television Code of Broadcasting Practice
³ Commentary: Good Taste and Decency, Broadcasting Standards in New Zealand Codebook, page 35
⁴ Guideline 1a
⁵ See for example: Marvin France “Ex-All Blacks doctor calls for caution on head injury debate after Carl Hayman diagnosis” Stuff (online ed, 3 November 2021)
⁶ “Brazil's Hebert Sousa delivers wonder punch to win shocking gold in Tokyo” Stuff (online ed, 7 August 2021)