BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

The promo for an edition of 60 Minutes broadcast on 6 February 1999 referred to a story about short people and raised an issue about their decision to "breed".

Mr Price of Wellington complained to Television New Zealand Ltd, the broadcaster, that he was offended by the use of the word "breed" in that context, as he considered it was more appropriately used in connection with animals and plants than with people. He wrote, "People, even short ones, ‘have children’."

TVNZ did not agree that the verb "to breed" had a pejorative meaning, and pointed to the dictionary definition of the word as " to bear, to generate (offspring)". It said it found no breach of either standard G2 or G13. The item, it continued, was a very positive one, and described how the gene which caused dwarfism had been identified. However, it noted, the report showed that the warning was of no great consequence to many short people who professed to be happy with their lot and confident that their children would be also.

Dissatisfied with TVNZ’s decision not to uphold the complaint, Mr Price referred it to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons given below, a majority of the Authority declines to uphold the complaint that standard G2 was breached. The Authority unanimously declines to uphold any other aspect of 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.

The promo for an item on 60 Minutes, broadcast on TV One on at least two occasions on 6 February 1999, previewed a story about short people. It highlighted the "genetic gamble taken by short people when breeding" and showed pictures of adult short people with their children who had inherited the gene.

Mr Price complained to Television New Zealand Ltd that the verb "to breed" was more appropriately used in connection with plants and animals than with people and said that he was offended by its use. People, he said, even short ones, "have children." He argued that the use of the verb "breed" in this connection breached the standard relating to good taste and decency, and portrayed such people in a way which represented them as inherently inferior.

TVNZ advised that it had considered the complaint under the standards nominated. They 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:

i.  factual, or

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

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

By way of background TVNZ explained that the item being promoted examined the high risk of genetic throwbacks among parents of short people. It said it did not agree with Mr Price that the verb "to breed" had a pejorative meaning, especially in the context in which it was used. While it agreed with him that people "have children", it maintained that the verb "to breed" conveyed a wider concept beyond an individual act of procreation. It noted the dictionary definition of "breed" as "to bear, to generate (offspring)" and suggested that the word could be attached to all living things, including human beings.

It then examined the noun "breed", referring to a well known Shakespearian usage.

TVNZ concluded that there was no pejorative sense attached to the word "breed" and no breach of either standard G2 or G13.

TVNZ described the item as a very positive one, which described how scientists had identified the gene which causes dwarfism and were therefore in a position to alert short couples to the chances of their children inheriting the gene. However, it noted, the report went on to say that the warning against having children was of no consequence to many short people, who professed to be happy with their lot, and were clearly confident that their children would be too.

In his referral to the Authority, Mr Price maintained that the trailer was offensive. With respect to standard G2, he argued that most New Zealanders would regard it as tasteless to suggest that the act of having children by short people was "breeding". As for standard G13, Mr Price noted first that it raised the question of whether short people were disabled. However, for the purposes of the standard, he submitted that the condition of very short people was a disability. He asked:

Are short people portrayed as "inherently inferior"? How would you feel if someone asked you if you’d done any breeding?

Mr Price then turned to TVNZ’s response. He contended that the dictionary definition was not "particularly relevant", because it did not reflect the way people spoke about other people’s children. He did agree that "breed" was capable of the definition which TVNZ espoused, but repeated that in the context of the trailer, its meaning was pejorative.

The dictionary definition of the noun "breed" was not, in Mr Price’s view, at all relevant. Furthermore, he wrote, the use of the word by Shakespeare, as quoted by the broadcaster, was so irrelevant as to be insulting. He concluded that as far as conversation went, the word "breed" occurred more commonly in reference to livestock and genetic engineering.

Finally Mr Price referred to comments made by a person associated with the Little People of New Zealand who, he said, had assured him that the use of the word "breed" in this context fed into a set of attitudes which depicted short people as different.

In its response to the Authority, TVNZ reiterated that there was no inherent pejorative meaning attached to the word "breed". It also emphasised that the item which was the subject of the promo did not deal simply with people having children. It was, TVNZ said, about the dilemma of those who had an inheritable gene. In that context, it argued, "breed" was an appropriate term.

Mr Price advised that he had no further comment to make.

The Authority’s Findings

As requested, the Authority considers the complaint under standards G2 and G13 of the Television Code of Broadcasting Practice cited above.

It turns first to the complaint that the promo breached the requirement to observe the standard of good taste and decency. The Authority is divided in its decision in relation to this standard. A majority considers that the use of the word "breed" in a context which impliedly considered the possible consequences to those with the inheritable gene for conditions such as dwarfism was acceptable. In the majority’s view, the word conveyed not just their decision to have children but also emphasised the notion that the gene was capable of being passed on to future generations. In reaching its decision, it also took into account that the promo was but a brief summary of the item to follow, which showed that the warning against having families was of no great consequence to many short people, who did not consider it a disability. Accordingly, the majority declines to uphold this aspect of the complaint.

The minority disagrees. It considers the word "breed" has a distasteful connotation which in this context was dehumanising. It has had recourse to the Oxford Dictionary where it finds that the use of the word in relation to humans is described as "now often contemptuous". In the minority’s view, the use of the word "breed" to describe human behaviour was offensive, as described in the dictionary, and it upholds this aspect of the complaint.

With respect to the complaint under standard G13, the Authority considers that short people are not a group to whom the standard applies. In reaching this decision, it takes its cue from the item itself, which conveyed the view that many short people did not consider they were afflicted with a disability. On the basis that this threshold is not met, the standard therefore is inapplicable. It declines to uphold this aspect of the complaint.

For the reasons set forth above, a majority of the Authority declines to uphold the complaint that standard G2 was breached.

The Authority unanimously declines to uphold any other aspect of the complaint.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
27 May 1999

Appendix

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

Steven Price’s Complaint to Television New Zealand Ltd – 7 February 1999

TVNZ’s Response to the Formal Complaint – 2 March 1999

Mr Price’s Referral to the Broadcasting Standards Authority – 25 March 1999

TVNZ’s Response to the Authority – 9 April 1999

Mr Price’s Final Comment – 14 April 1999