BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Mountain Dew – On the Edge, screened on Channel Two at 7.30pm on 24 June and 1

July 1994, is a sports activity show presented by several co-hosts who interview

sporting experts about and join with them in various challenging or unusual physical

activities.

Mrs Voogt complained to Television New Zealand Ltd, the broadcaster, that two

separate incidents, one an exclamation and the other a finger gesture, were

unacceptable and breached the standard of good taste and decency.

In response, TVNZ explained that it considered both incidents appeared natural in the

context and were not beyond currently accepted norms of decency and taste. It also

argued that neither incident was likely to harm children and declined to uphold the

complaint. Dissatisfied with that decision, Mrs Voogt 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 declined to uphold the complaint.

Decision

The members of the Authority have viewed the items complained about and have read

the correspondence (summarised in the Appendix). As is its practice, the Authority

has determined the complaint without a formal hearing.

Mountain Dew – on the Edge is a weekly sports activity programme reporting

challenging events. In one episode a cyclist, who was also a co-host of the

programme, made a one finger gesture towards the camera, and in another a co-host

used the expression "Oh my Godfathers". Mrs Voogt complained that both incidents

breached the broadcasting standard requiring good taste and decency.

TVNZ assessed the complaint under standard G2 of the Television Code of

Broadcasting Practice which requires broadcasters:

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.

TVNZ declined to uphold the complaint, describing the gesture, in the context, as an

expression of high spirits and arguing that the unusual term showed no disrespect.

Dealing first with the term "Oh my Godfathers", the Authority decided that it could

not be considered blasphemous and, as TVNZ explained, it was a spontaneous

expression of the co-host's anxiety. It concluded that its use did not contravene the

standard.

With regard to the gesture with one finger, the Authority focussed, as required by the

standard, on the context in which it had been used. Had it been used in a menacing or

insulting manner, the Authority believed that it could well be in contravention of

standard G2. However, although its use was perhaps questionable in such a

programme, on this occasion the obviously high spirited gesture was understandable

in the context, was shown fleetingly and did not breach the standard.

For the reasons given above, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
1 September 199

Appendix

Mrs Voogt's Complaint to Television New Zealand Limited

In a letter received on 7 July 1994, Mrs A Voogt of Hamilton complained to

Television New Zealand Ltd about two incidents contained in separate episodes of the

programme Mountain Dew - On the Edge, screened on Channel Two at 7.30pm on 24

June and 1 July 1994.

Mrs Voogt complained that the co-host made an obscene gesture with his finger on

the first programme and on the second one said "Oh my Godfathers". She described

the incidents as unacceptable and not normal behaviour, especially during children's

viewing time. She maintained that this behaviour should not be screened as part of

fun sports activities.

TVNZ's Response to the Formal Complaint

TVNZ advised Mrs Voogt of its response in a letter dated 20 July 1994. It reported

that it found neither incident exceeded currently accepted norms of taste and decency.

The gesture in the 24 June episode of Mountain Dew - On the Edge was examined in

the context of a cycle trek through a Tongariro forest where the co-host slipped off the

path, was greeted by laughter and responded with the hand gesture. TVNZ described

it as:

... good-natured, and devoid of any insulting intent ... in keeping with the high

spirits of those taking part in the forest trek.

The expression "Oh my Godfathers", broadcast on the 1 July episode of Mountain

Dew - On the Edge, was examined in the context of the co-host's imminent jump from

the top of a cherry-picker onto an inflated bag below. While acknowledging that the

term was slightly unusual, TVNZ explained that no disrespect was evident, and that

the host was merely showing his anxiety about the jump he was going to make.

TVNZ suggested that neither incident could be viewed as corrupting in any way and

maintained that both episodes were appropriate for children to watch. It declined to

uphold the complaint.

Mrs Voogt's Complaint to the Broadcasting Standards Authority

Dissatisfied with TVNZ's decision, in a letter received on 27 July 1994, Mrs Voogt

referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the

Broadcasting Act 1989.

Mrs Voogt argued that though the context of the programme was high-spirited, this

could not be used as a justification for the gesture and exclamation. She disagreed

that the incidents were acceptable in that they did not breach current behavioural and

language standards, stating that most parents she knew did not want their children to

make hand gestures or use the name of God lightly.

Mrs Voogt considered that Mountain Dew - On the Edge was otherwise an excellent

programme:

... presenting healthy fun things for kids to aim for ... the hosts are great ...

excellent role models for kids.

However, she repeated, the hand gesture and exclamation in question were offensive,

and examples of poor behaviour. She requested that TVNZ cut the offending

incidents from the programme.

Television New Zealand's Response to the Authority

As is its practice, the Authority sought the Broadcaster's response to the referral. Its

letter is dated 27 July 1994, and TVNZ's response 1 August 1994.

TVNZ reported that it had little further comment to make, emphasising its view that

neither incident infringed standard G2.

Mrs Voogt's Final Comment

When asked whether she wished to make a brief final comment, Mrs Voogt did not

reply.