BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

An item on 3 National News, broadcast between 6.00–7.00pm on 11 August 1995,

about a pro-abortion campaigner who later became a born-again Christian, included a

scene in which a woman was undergoing a physical examination in a medical clinic.

Mr and Mrs Oa'Ariki complained to TV3 Network Services Ltd that the scene was

unnecessary, inappropriate and degrading to women and should not have been shown

at an hour when children would be watching.


In its response to the complaint, TV3 noted that there was one brief shot which

appeared to have been taken in an operating theatre or abortion clinic. The scene,

filmed from near the woman's shoulder, showed her being examined by a member of

the medical staff. TV3 noted that the shot was a wide one and that the camera was

positioned in such a way as not to reveal intimate detail and declined to uphold the

complaint. Dissatisfied with that decision, Mr and Mrs Oa'Ariki 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 item complained about and have read

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

Authority has determined the complaint without a formal hearing.

A scene in which a woman was apparently undergoing a physical examination was

used to illustrate a story about a former pro-abortion campaigner who had become a

born-again Christian and who had changed her views about abortion. The item was

broadcast on 3 National News on 11 August 1995 between 6.00–7.00pm.

Mr and Mrs Oa'Ariki complained to TV3 that the scene of the woman being examined

was inappropriate for screening at a time when children were watching and that the

detail would encourage children to imitate what they had seen. In their view, the scene

was unnecessary and would have encouraged children to believe that it was a normal

procedure.

TV3 responded that it had assessed the complaint under standards G12 and G16 of

the Television Code of Broadcasting Practice. The first standard require broadcasters:

G12 To be mindful of the effect any programme may have on children

during their normally accepted viewing hours.

The other reads:

G16 News should not be presented in such a way as to cause unnecessary

panic, alarm or distress.

TV3 reported that the shot of the woman was of ten seconds' duration and appeared

to have been taken in an operating theatre or an abortion clinic. It noted that the

camera, which was positioned near the woman's shoulder, showed a member of the

medical staff performing some form of physical examination, but did not reveal any

intimate detail. The woman was covered by a medical gown, and the wide angle shot

showed not only the woman, but also the medical staff and part of the theatre. In

TV3's view, the shot was relevant to the story, and it did not believe the majority of

viewers would have found it offensive. It declined to uphold the complaint.

Acknowledging that the item was broadcast during the hours when children could be

watching, the Authority's task was to decide if the broadcaster had been mindful of its

effect on children. Because it understood that the Oa'Arikis' principal concern was

the effect of the item on children, the Authority decided to subsume standard G16

under standard G12 and confined its assessment of the complaint to standard G12.

Within the context of an item which briefly examined some aspects of the abortion

debate, the Authority concluded that it was reasonable to include the brief scene in the

medical setting of an abortion clinic. It understood that for some people the scene

would have been disturbing, but considered that because it was handled discreetly and

no intimate detail was revealed, it would not have had an adverse effect on children.

Accordingly, the Authority declined to uphold the complaint.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
9 November 1995

Appendix

Mr and Mrs Oa'Ariki's Complaint to TV3 Network Services Ltd - 17 August

1995

Mr and Mrs Oa'Ariki of Hamilton complained to TV3 Network Services Ltd that an

item on 3 National News breached broadcasting standards. The item was concerned

with an American woman who was a pro-abortion advocate and who later became a

born-again Christian. The item included a scene set in a medical centre or abortion

clinic in which a woman was seen to be undergoing a physical examination by a

medical person. In Mr and Mrs Oa'Ariki's view, such a scene was unnecessary,

inappropriate and degrading to women. Further, it should not have been shown at a

time when children might have been watching. They wrote:

I am concerned that Television Three Network fails to consider the fact that

young viewers are still awake watching the news. This is not the first time

we've noticed infringements on a child's right to watch television within

normal hours without being bombarded by scenes and questions that require a

more mature mind to understand.

Mr and Mrs Oa'Ariki sought an apology from TV3 and an assurance that such

material would not be broadcast in future. They argued that for those who were old

enough to understand such a scene, there was no need to show such graphic detail.

They expressed concern that because children learn by imitation, they would re-enact

the scene in the school playground. In their view, children who grew up thinking this

scene was normal were more likely to develop a disrespectful attitude not only

towards women but to humanity overall.

TV3's Response to the Formal Complaint - 5 September 1995

TV3 advised the Oa'Arikis that it had considered the complaint under standards G12

and G16 of the Television Code of Broadcasting Practice. It noted that the item

concerned a prominent pro-abortion campaigner who became a born-again Christian.

It reported that the scene complained about was about ten seconds in duration and

showed a prone woman in an operating theatre or abortion clinic being examined by a

member of the medical staff. TV3 pointed out that the camera was positioned by the

woman's shoulder and that the shot did not reveal any intimate detail about the

examination she was undergoing.

TV3 expressed its view that the vast majority of viewers would not find the shot

offensive, adding that the shot had been carefully taken to ensure its relevance to the

story but without causing offence in any way. It declined to uphold the complaint.

Mr and Mrs Oa'Ariki's Referral to the Authority - 12 September 1995

Dissatisfied with TV3's decision not to uphold their complaint, the Oa'Arikis referred

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

1989.

The Oa'Arikis repeated that their principal concern was that children could be led to

think that it was a normal scene and could be encouraged to practice physical

examinations on their siblings or friends. They expressed their view that while many

television programmes required parental discretion, the news was essential family

viewing and therefore the broadcaster should be mindful of the effect any programme

might have on children during their normally accepted viewing times. They added that

children were often not offended because they did not completely understand the

seriousness of the situation.

TV3's Response to the Authority - 26 September 1995

When asked if it wished to comment on Mr and Mrs Oa'Arikis' referral to the

Authority, TV3 advised that it had no further comment to make.