BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

The short film Stella Street was broadcast on TV2 at 10.25pm on 26 July 1999. Stella Street is a short comedy programme featuring two impersonators who lampoon the performance style of the well-known characters that they portray.

Mr Rae complained to Television New Zealand Ltd, the broadcaster, that the programme contained highly offensive language and behaviour.

TVNZ did not consider that it had breached any broadcasting standard. It noted the language was used in the context of a short film broadcast at 10.25pm, carrying an AO certificate, and preceded by a warning. It did not consider the language would have exceeded the expectations of most viewers watching at that time of night. It also observed that the language was used for comedic effect.

Dissatisfied with TVNZ’s decision, Mr Rae 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 a tape of 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 short film Stella Street was broadcast on TV2 at 10.25pm on 26 July 1999. The duration of the broadcast was approximately 10 minutes.

Mr Rae complained to TVNZ about "highly offensive language and behaviour" contained in the broadcast. In particular, Mr Rae’s complaint related to the use of the words "fuck", "fucking" and "shit" and other words, not specifically referred to by him, which he considered to be "obscene expletives".

Mr Rae complained that these words were used frequently and excessively in a manner that was "grossly offensive and vile". He wrote that:

This was done under the guise of humorous fiction, but the verbally degrading, antagonistic and sometimes violent situations in which they were used, further compounded the insult to viewers.

Mr Rae then commented in his letter that he had never seen anything quite so disgusting or degrading aired on television before. He contended that TVNZ had "grossly failed" to comply with section 4 of the Broadcasting Act 1989 and standard G2 of the Television Code of Broadcasting Practice.

TVNZ considered the complaint in the context of standard G2. This requires 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.

In its response, TVNZ noted that Stella Street was a short comedy programme featuring two impersonators who lampoon those they portray and also the world of television soap opera. It wrote that the language Mr Rae complained about was largely restricted to the impersonation of actors Jack Nicholson and Joe Pesci "whose vocabulary would be difficult to impersonate without such words".

TVNZ also noted that the programme had an AO certificate, and was preceded by a warning about offensive language. Further, it stated that the programme was shown at 10.25pm. It did not consider the language referred to in Mr Rae’s complaint would have exceeded the expectations of most viewers watching at that time of night. It observed that, in its view, the language was used for comedic effect.

It declined to uphold the complaint.

In referring his complaint to the Authority, Mr Rae wrote that he considered the broadcaster had failed to deal with his complaint correctly. In his view, TVNZ focussed "largely and incorrectly" on that part of standard G2 which requires a consideration of the context in which the language occurred, rather than "the intent of the Code, or the clear intent of s4 of the Broadcasting Act".

Mr Rae said that despite the reasons advanced by TVNZ for its decision not to uphold the complaint, the language was clearly outside the bounds of currently accepted norms of decency.

In response to the comment made by TVNZ about the language typically used by the actors the comedians in the programme were impersonating, Mr Rae said that TVNZ’s contention that the language used in the programme could be justified on this ground was "quite specious and totally irrelevant" to the complaint.

In its report to the Authority, TVNZ advised that it had nothing further to add.

The Authority’s Findings

When the Authority considers a complaint which alleges that section 4(1)(a) has been breached, it does so cognisant of standard G2 of the Free-to-Air Television Programme Code. That was the standard under which TVNZ, in the Authority’s opinion correctly assessed the complaint.

Accordingly, the Authority takes into account the context of the broadcast. The contextual factors that it considers relevant on this occasion are first, the programme was broadcast well after the 8.30pm AO watershed, and was appropriately classified as an AO programme. Secondly, the Authority accepts TVNZ’s assurance that the programme was preceded by a warning which specifically referred to the programme’s language. Thirdly, the Authority notes that the programme was a comedy specifically lampooning certain stars. Some of those stars were identifiable because of their known use of language of the type Mr Rae complained about. The Authority therefore considers that there was a genuine comedic purpose for the use of the language on this occasion. Its use was not gratuitous, it finds.

Taking these contextual matters into account, the Authority does not consider that standard G2 was breached.

For the reasons set forth above, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
21 October1999

Appendix

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

1.    Stuart Rae’s Complaint to Television New Zealand Ltd – 28 July 1999

2.    TVNZ’s Response to the Formal Complaint – 17 August 1999

3.    Mr Rae’s Referral to the Broadcasting Standards Authority – 24 August 1999

4.    TVNZ’s Response to the Authority – 30 August 1999