BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

The film Basic Instinct was broadcast by Sky, among other times, at 8.30pm on 23

December and at 9.45pm 31 December 1994.

The Rape Prevention Group in Christchurch complained to Sky Network Television

Ltd about the scene in which, it said, the therapist was raped by the detective who

was both patient and lover. In addition to being unnecessarily explicit, the Group

wrote, the victim was shown objecting to the assault initially but as it continued, her

cries of distress became cries of pleasure. Because rape was portrayed as being

pleasurable and the negative impacts were not shown, and because attitudes were

shaped by how events were portrayed on television, the Group said the message

conveyed – that "No" really meant "Yes" – breached a number of broadcasting

standards. An identical complaint was made by each of the other complainants.

In addition, three of the complainants alleged that the opening scene where a man was

murdered with an icepick contained gratuitous violence.

Maintaining that the victim's response to the onslaught was anger and the brief scene

was understandable in the context of the entire film, Sky declined to uphold that

aspect of the complaint. As for the opening scene, Sky maintained that the violence

portrayed was critical to the film's plot and, therefore, was not gratuitous.

Dissatisfied with Sky's response, each complainant referred their complaint

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

Broadcasting Act 1989.

Decision

The members of the Authority have viewed the programme complained about and the

Authority decided on the action to be taken at this time without a formal hearing.

In view of its concern about "soft" pornography, the Authority has recently

announced a major review of the Pay Television Code.

The Submission Guidelines issued by the Authority focussed on the standard relating

to good taste and decency (standard P2) and the standard referring to discrimination

against women (P25).

The complainants about Sky's screening of Basic Instinct also focussed on the same

standards. While Basic Instinct is not a film of the genre with which the review is

principally concerned, the Authority will be required during the review to assess

matters under the identical standards with which these complainants are concerned.

There were two other matters which the Authority took into account in reaching its

decision as to the appropriate action at this point: first, that regardless of the

Review's outcomes, these complaints will eventually be assessed under the standards

which were in force when Basic Instinct was screened; and secondly, that the

complainants could well be disappointed that the decision on their complaints – which

were accompanied by numerous petitions in support – has not been finalised by the

Authority at this time.

Nevertheless, to ensure that there is no possibility of confusion about either the

process or the outcome of the Authority's Review of the Pay Code – which might

occur should the decision on the complaints about Basic Instinct be issued at this time

– the Authority has decided, pursuant to its powers in s.10(2) of the Broadcasting Act

1989, to defer its final determination of these complaints until it has issued its report

of the Review of the Pay Code.

For the reasons given above, under s.10(2) of the Broadcasting Act 1989 the

Authority defers its final determination of these complaints.

In deferring its final decision on these complaints, the Authority has distinguished

between them and the one addressed in Decision No: 11/95 (dated 6.3.95). That

complaint referred to the broadcast by Sky of Playboy's Secret Confessions and a

Video Centrefold programme and are the type of broadcasts being considered

specifically by the review.

Whereas the final decision with regard to Basic Instinct, which is a full length film and

involves the relevance of the standards to different circumstances, has been deferred, in

Decision No: 11/95 the Authority decided in all the circumstances to decline to

determine the complaint.

Signed for and on behalf of the Authority

Iain Gallaway
22 June 1995