BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary  

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

A promo for James Must-a-pic His Mum a Man aired during the programmes The Chase at 5.10pm and 1News at 6.50pm on TVNZ 1. The 14-second promo featured James Mustapic and Art Green sitting at opposite ends of a bathtub, with Mustapic asking Green for dating advice on behalf of his mum. The Authority did not uphold a complaint the promo breached the children’s interests standard due to nudity, noting only their chests and legs were visible, and there was no suggestion of sexual behaviour. In the context, the Authority found the promo was consistent with a G classification and would not have adversely affected children.

Not Upheld: Children’s Interests

The broadcast

[1]  On 12 April 2024, a brief promo for James Must-a-pic His Mum a Man aired at 5.10pm during The Chase, and at 6.50pm during 1News, on TVNZ 1.

[2]  The promo featured James Mustapic and Art Green sitting at opposite ends of a bathtub, with only their chests and legs visible. Mustapic’s mother was in the shower (fully clothed). It included the following dialogue:

Mustapic:                   Art do you have any advice? My mum is desperate.

Green:                        She can hear you.

Mustapic’s mum:      Yeah, shhh.

Mustapic:                   Close, please close this [the shower door], thank you.

Mustapic’s mum:      [Closing the door] I can still hear.

The complaint

[3]  Mary Pepping complained that the promo breached the children’s interests standard of the Code of Broadcasting Standards in New Zealand on the basis it was shown during children’s viewing times, and featured nudity which was inappropriate for children. She stated, ‘children do not have any “context,” they just see two naked men in a bath.’

The broadcaster’s response

[4]  Pepping’s initial formal complaint to TVNZ identified the promo’s broadcast time as ‘before and after 6pm.’ Accordingly, TVNZ considered the complaint against ‘two proximate broadcasts of this promo, which occurred during The Chase at approximately 5.10pm, and during 1News at approximately 6.50pm.’  

[5]  TVNZ did not agree that the promo as aired during these programmes would have adversely affected child viewers and did uphold the complaint, considering the following factors:

• ‘1News and The Chase are both aimed at an adult audience. 1News is live and unclassified. The Chase is certified G for General viewing.’
• ‘It is expected that child viewers are monitored when viewing the 6pm news bulletin.’
• ‘In the promo Art Green and James Mustapic are seen sitting at opposite ends of a bathtub. The audience can see their chests. The scenario is not sexualised or inappropriate, James is interviewing Art Green about dating advice for his mother. In the programme it is clear both men are wearing boxer shorts.’
• ‘The promo is intended to be seen as humorous and quirky and would be understood by viewers in this way. The promo is consistent with the humorous tone of the James Must-a-pic His Mum a Man comedy series and was acceptable in the context of the news bulletin which is aimed at adult viewers, and within the context of a G-certified gameshow aimed at adult viewers.’
• ‘[TVNZ] is satisfied that the content of the promo is comfortably within the expectations of G-certified viewing. It did not contain nudity.’

Jurisdiction

[6]  Pepping’s initial formal complaint to TVNZ identified the promo’s broadcast time as ‘before and after 6pm,’ but also noted it appeared ‘so many times.’ In her complaint referral to us, she stated ‘It was shown many times on the 12 April 2024.’ We have therefore considered whether it was reasonable for the broadcaster to single out two of the promos, which aired at 5.10pm and 6.50pm, for consideration.

[7]  Under the Broadcasting Act 1989, a formal complaint about a breach of broadcasting standards must relate to a specific broadcast, and include sufficient details to reasonably enable identification of the broadcast.¹ Where the exact time of a broadcast is not known, the complaint should provide a reasonable estimate of the period within which it was broadcast, plus as much detail as possible about surrounding broadcast content or any other information to help locate the content.²

[8]  Recognising broadcasters’ limited resources, and the time which can be involved in locating specific content, a reasonable estimate will generally involve identifying the period within a window of no greater than three hours.³

[9]  In circumstances where the complainant provided limited details of when the promo aired, only that it was ‘before and after 6pm,’ we consider the broadcaster’s approach of considering the complaint against two promos airing at 5.10pm and 6.50pm was reasonable, particularly as:

• one promo screened during a G rated programme and such programmes, as described further below, are required to ‘exclude material likely to be unsuitable for children.’
• our review of the TVNZ 1 schedule for 12 April identified no programmes specifically aimed at children (and accordingly no examples where a complaint of this nature would be more likely to succeed than with the chosen examples).

[10]  We therefore go on to consider the complainant’s concerns against these two instances.

The standard

[11]  The children’s interests standard⁴ requires broadcasters to ensure children⁵ can be protected from broadcasts which might adversely affect them. The purpose of this standard is to enable parents and caregivers to protect children from material that disproportionately disturbs them, is harmful, or is likely to impair their physical, mental or social development.⁶

[12]  Material likely to be considered under this standard includes violent or sexual content or themes, offensive language, social or domestic friction and content in which children or animals are humiliated or badly treated where such material is outside the expectations of the programme’s classification.⁷

Our analysis

[13]  We have watched the promo and read the correspondence listed in the Appendix.

[14]  As a starting point, we considered the right to freedom of expression. It is our role to weigh up the right to freedom of expression against any harm potentially caused by the broadcast. We may only intervene when the limitation on the right to freedom of expression is demonstrably justified in a free and democratic society.⁸

[15]  The children’s interests standard requires broadcasters to ensure children can be protected from relevant content during children’s normally accepted viewing times – usually up until 8.30pm (especially before school and after school), and on weekends and public holidays.⁹

[16]  Guidelines to the standards relating to the broadcast of promos for programmes require them to comply with the classification of the programme during which they screen.¹⁰ Extra care should be taken in scheduling promos for adult programmes (M, 16 or 18) during children’s normally accepted viewing times, and during programmes specifically aimed at child viewers, so that the promo’s themes and content are not inappropriate for the programme classification.¹¹

[17]  Context is an important consideration when assessing complaints under this standard. The following contextual factors are relevant in this case:

• The Chase is rated ‘G’ – approved for general viewing. Programmes rated ‘G’ must exclude material likely to be unsuitable for children. They may not necessarily be designed for child viewers but should not contain material likely to alarm or distress them.¹² The Chase has an adult target audience.
• News and current affairs programmes such as 1News are not, because of their distinct nature, subject to classification. This content is generally targeted at adults, and it is expected any children watching or listening will be supervised.¹³
• Episodes from the programme James Must-a-pic His Mum a Man are rated ‘M’ – suitable for mature audiences 16 years and over, and ‘16’ – people under 16 years should not view.¹⁴
• The promo aired at 5.10pm and 6.50pm on a Friday night, within children’s normally accepted viewing times (however the host programmes were not aimed specifically at children).
• The promo, which is 14 seconds long, features Green and Mustapic sitting in a bath, with Mustapic asking Green for dating advice on behalf of his mum.
• While TVNZ has advised that in the programme the two men are wearing boxer shorts, it is difficult to make this out from the brief promo, but in any event only their chests and legs are visible.  
• The promo does not contain any sexual innuendo or themes, and is intended to be humorous.

[18]  In light of the above factors, we are satisfied the promo was consistent with a G classification and would not have adversely affected children. The host programmes targeted adult audiences, and even if children were watching, we do not consider showing two men in a bath with their chests and legs visible, with no suggestion of any sexual behaviour, was inappropriate for children to view. While acknowledging episodes of James Must-a-pic His Mum a Man are rated M and 16, we are satisfied that what was shown in the promo was a brief snapshot of content from the programme, and not inappropriate for children.

[19]  Accordingly, we do not uphold this complaint.

For the above reasons the Authority does not uphold the complaint.

Signed for and on behalf of the Authority

Susie Staley
Chair
24 July 2024    

Appendix

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

1  Mary Pepping’s formal complaint to TVNZ – 12 April 2024

2  TVNZ’s response to complaint – 13 May 2024

3  Pepping’s referral to the Authority – 13 May 2024

4  TVNZ confirming no further comments – 14 May 2024

¹ Broadcasting Act 1989, s 6(1)(a); see also ‘The BSA complaints process’, Code of Broadcasting Standards in New Zealand, page 22
² As above
³ As above
⁴ Standard 2, Code of Broadcasting Standards in New Zealand
⁵ A ‘child’ is under the age of 14 years
⁶ Commentary, Standard 2, Code of Broadcasting Standards in New Zealand, page 10
⁷ Guideline 2.2
⁸ Introduction, Code of Broadcasting Standards in New Zealand, page 4
⁹ Guideline 2.1
¹⁰ Guideline 1.6
¹¹ Guideline 1.16
¹² Guideline 1.4
¹³ Guideline 1.5
¹⁴ Guideline 1.4