BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-142 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SANDRA ROBB of Winton Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin DECISION Summary ÒCamp LeaderÓ helping herself to a banana from the stand outside a retail fruit stall while walking past with ÒCamp MotherÓ was part of a promo for the Topp Twins series. Ms Robb complained to TV3 Network Services Ltd that the action breached the provision requiring broadcasters to maintain standards consistent with the maintenance of law and order. Arguing that the vignette for the comedy series would be regarded by viewers as depicting a very old joke, TV3 declined to uphold the complaint. Dissatisfied with TV3Õs decision, Ms Robb referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to upheld the complaint. Decision The members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix). As is its practice, the Authority determines the complaint without a formal hearing. The promos used for the Topp Twins series used a number of comedy vignettes involving the twins as ÒCamp LeaderÓ and ÒCamp MotherÓ respectively. One promo involved the ÒCamp LeaderÓ helping herself to a banana from a stand outside a shop and eating it. Ms Robb complained that as the action was shown Òas being an ok thing to doÓ, it breached the standard requiring the maintenance of law and order. TV3 assessed the complaint under standard G5 of the Television Code of Broadcasting Practice which requires broadcasters: G5 To respect the principles of law which sustain our society. TV3 explained that the character who took the banana was defining the genre of the series as she was the one who got into or caused trouble. As for the specific promo, it argued that the taking of the banana was part of a long established comedic tradition used in films and declined to uphold the complaint. When she referred the complaint to the Authority, Ms Robb expressed her concern about the impact (on young and impressionable viewers), of showing illegal behaviour as apparently acceptable. Having viewed the promo complained about, the Authority accepts that it is within the comedic tradition and was most likely to be seen by viewers as funny. As comedy is not to be taken as a serious representation of reality, the Authority does not accept that it shows disrespect for legal principles. Accordingly, it does not consider that standard G5 was breached. For the above reasons, the Authority declines to uphold the complaint. Signed for and on behalf of the Authority Judith Potter Chairperson 24 October 1996 Appendix Ms RobbÕs Complaint to TV3 Network Services Ltd - 26 July 1996 Sandra Robb of Winton complained to TV3 Network Services Ltd about a promo for the Topp Twins broadcast at about 1.45pm on 26 July 1996. The promo showed one of the twins stealing a banana while walking past a fruit shop which, Ms Robb wrote, breached the requirement for programmes to promote law and order. She concluded: It comes across to the viewers as being an OK thing to do. TV3Õs Response to the Formal Complaint - 12 August 1996 Assessing the complaint under standard G5 of the Television Code of Broadcasting Practice, TV3 explained that the promos for the Topp Twins were made as a series of comedic vignettes. Explaining that the promos told how Camp Leader and Camp Mother travelled around the country, TV3 said the vignettes were not promos in the usual sense of the word. It continued: The act of taking a banana then is not one which is endorsed by the stars but is part of a story-line which is defining the genre of the programme. Camp Leader is the character who takes the banana because throughout the shows she is the one that gets into or causes trouble. The taking of a banana is also part of a comedic tradition which has been seen even in the old black and white Disney films and is not intended in any way to disrupt the maintenance of Òlaw and orderÓ. TV3 declined to uphold the complaint. Ms RobbÕs Referral to the Broadcasting Standards Authority - 16 August 1996 Because she considered TV3Õs reply to be ÒwaffleÓ, Ms Robb referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989. Ms Robb considered, especially for younger viewers, the promo suggested that it was all right to help yourself to a piece of fruit from a stand outside a shop. TV3Õs Response to the Authority - 2 September 1996 In its report to the Authority, TV3 emphasised that the incident shown was comedic. It was, it wrote, a very old joke and had no bearing on the principle of upholding the law. 2
