BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

The programme Video Hits-Chart Show was broadcast on TV2 at 10.00am on 15 August 1999. This programme featured "top twenty" music videos.

Ms Watkins complained to Television New Zealand Ltd, the broadcaster, that the programme was incorrectly classified PGR, and that three video tracks played on the programme contained sexually explicit images and language likely to offend. She said that TVNZ had failed to protect fully very young children, and that it was "blatantly obvious that standard G12 of the Codes had been breached". She also commented that the programme exploited and objectified young women.

TVNZ responded that the programme was, in its view, correctly classified and, by attaching a PGR certificate to the programme, it had demonstrated that it was mindful of the programme’s effect on children. In addition, TVNZ said it could not identify any place in the videos where women were portrayed as inferior or where encouragement was given to discriminate against them. TVNZ declined to uphold Ms Watkins’ complaint.

Dissatisfied with TVNZ’s decision, Ms Watkins 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 containing the items 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 programme Video Hits-Chart Show was broadcast by TV2 at 10.00am on 15 August. Video Hits-Chart Show is a programme, broadcast weekly at this time, which features current "top twenty" popular music videos.

Ms Watkins complained to TVNZ that the programme was shown at an inappropriate time and was incorrectly classified. She maintained that the majority of its content was "of an overt sexual nature". She asked why a warning about what she called its sexually explicit images and offensive language did not precede the programme.

Ms Watkins complained specifically about three music videos shown on the programme. First, she complained that "American Woman" by Lenny Kravitz objectified young women. She described a shot of a young woman adjusting a bikini, which she said barely covered her breasts and filled the entire screen. She also described the depiction of a young woman dancing "in transparent clothing while holding her groin" and crouching with her "legs wide open". She commented that this video began:

… only 10 minutes after Maraerobics, an exercise programme aimed at children aged 7-12 years old.

Secondly, Ms Watkins complained that "Bawitdaba" by Kid Rock portrayed "disturbing imagery of very young children". She described the song itself as "insidious and depraved" and as being about "hookers", "methadone clinics", "crack-heads" and "porno flicks".

The final video Ms Watkins complained about was "Boom Boom Boom Boom" by the Venga Boys, which she described as:

A song about lap-dancing, strippers, lesbian erotica and several subtle simulated sex scenes.

Ms Watkins also complained about the classification of and time-slot for another Video Hits programme – Video Hits-New Releases. However, she did not complain about any specific broadcast of this show in her formal complaint to TVNZ.

TVNZ considered the complaint in the context of standards G12 and G13 of the Television Code of Broadcasting Practice. These standards require broadcasters:

G12 To be mindful of the effect any programme may have on children during their normally accepted viewing times.

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 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.

In its response to Ms Watkins, TVNZ disagreed that it had incorrectly classified Video Hits-Chart Show. It explained that the PGR certificate it had attached recognised that some of the visual material in the music videos was of a kind that parents and caregivers would prefer that very young children did not watch alone. However, TVNZ did not believe an AO certificate was warranted. It said it "would seem to be a nonsense to restrict the viewing of top twenty music videos to people over the age of 18".

TVNZ also noted that the programme was shown at a time when the Code allowed PGR programmes to be screened.

TVNZ then commented on the three videos. Dealing first with "Bawitdaba", it said it assumed that the complaint related to the song’s lyrics, since it found the visual aspect of the video inoffensive. In relation to the lyrics, TVNZ said that the song, like all those shown on Video Hits-Chart Show, was already widely known from its radio play and music sales. It did not consider that it was wrong to broadcast a "visually inoffensive version of a song which is obviously very popular", and commented that it thought Ms Watkins’ complaint about this song contained a "certain amount of personal preference".

Turning next to "American Woman", TVNZ did not agree that the song "degraded" or "objectified" women. In its view, the track, which it observed was from an Austin Powers movie, parodied such objectification. It considered that it was "mimicking the suggestive but banal cinema of the early James Bond era".

Lastly, TVNZ addressed the aspect of the complaint about "Boom Boom Boom Boom". TVNZ acknowledged that the track suggested sexual activity, including lesbian sex. However, it said that it did not see any explicit scenes which might have warranted a more restricted certificate. It added that reference to lesbianism was not, in itself, a reason for applying a restriction.

In its response to Ms Watkins, TVNZ also commented on a separate complaint made by Ms Watkins about the programme What Now? Ms Watkins’ complaint about that programme did not form part of her referral of the complaint to the Authority.

TVNZ declined to uphold any aspect of the complaint.

In her referral of the complaint to the Authority, Ms Watkins repeated her contention that Standard G12 was breached. She said that she had not asked TVNZ to consider her complaint in the context of Standard G13 and considered that their doing so in some way undermined the emphasis of her complaint about Standard G12.

Ms Watkins disagreed with TVNZ’s view that it was "nonsense" to give Video Hits-Chart Show an AO certificate. She also considered the imagery on the "American Woman" track was far more sinister than TVNZ had portrayed it as being. She strongly disagreed with TVNZ’s opinion that the video was a parody of the objectification of women. In her opinion:

Young children do not, nor shouldthey be expected to, understand the concept of "fantasy", in terms of the adult fantasy depicted in the ‘Video Hits’ shows. What young children see and hear, particularly on television, is ‘real’, and in this instance the messages communicated, visually and verbally, in most cases are of a sick, perverted and exploitative nature.

In its report to the Authority, TVNZ emphasised that the programme had a PGR certificate – a recommendation that parents offer guidance to children choosing to watch the programme. It also explained that it had considered the application of standard G13 because of Ms Watkins’ comment that Video Hits-Chart Show:

… was exploitative of young women, which reflects badly on the status of women in general.

In her final comment to the Authority, Ms Watkins said that she thought many parents would be unaware of what she considered to be the objectionable nature of programmes like Video Hits-Chart Show because of its mid-morning weekend time slot and its PGR certificate.

The Authority’s Findings

In view of Ms Watkins’ focus and the matters raised when she referred her complaint, the Authority confines its review to standard G12. As the programme was broadcast during PGR time, the Authority’s task is to determine whether the programme contained material which was appropriate for screening during that time.

The Authority takes cognisance of the fact that viewing music videos is generally accepted as mainstream contemporary entertainment. It also notes that it was unable to distinguish any lyrics that would contravene broadcasting standards in the videos complained about. Moreover, the Authority notes that the lyrics were difficult to distinguish at all, which could limit the impact that they would have on young children. The Authority therefore concurs with TVNZ that the programme was appropriately classified as PGR material. As it was appropriately classified, and screened during PGR time, the Authority concludes that TVNZ did demonstrate that it was mindful of children. Accordingly, it concludes that no breach of standard G12 occurred.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
9 December 1999

Appendix

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

1.    Kellie Watkins’ Complaint to Television New Zealand Ltd – 15 August 1999

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

3.    Ms Watkins’ Referral to the Broadcasting Standards Authority – 16 September 1999

4.    TVNZ’s Response to the Authority – 24 September 1999

5.    Ms Watkins’ Final Comment – 8 October 1999