BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Dares which deliberately set out to embarrass their victims are features of the

programme Who Dares Wins which was broadcast on Thursday evenings at 7.30pm

on TV 2.

Michelle McBride complained to Television New Zealand Ltd about three successive

episodes, broadcast on 24 April, 1 May and 8 May, in which men were seen to be

undressing. She said it was behaviour she considered unseemly and in breach of

broadcasting standards.

Noting that Ms McBride had complained about a February episode of the same

programme, TVNZ suggested it was remarkable that she still watched a programme

which had caused her offence. It responded that in none of the incidents was male

flesh exposed to any greater extent than on any New Zealand beach on a summer's

day, and none amounted to "indecent exposure". It acknowledged that the programme

was not to everyone's taste, but did not consider it breached any standards.

Dissatisfied with that decision, Ms McBride 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 the items complained about, and have

read the correspondence (summarised in the Appendix). On this occasion, the

Authority determines the complaint without a formal hearing.

The programme Who Dares Wins broadcast on TV2 on successive Thursday evenings

at 7.30pm shows people being dared to participate in a variety of embarrassing

situations for a cash prize.

Episodes broadcast on 24 April, 1 May and 7 May were the subject of a complaint

from Michelle McBride of Rotorua.

She objected to the sequences where people were partially clothed – or in one

sequence – completely undressed, albeit modestly covered by a sheet. Ms McBride

considered the behaviour exhibited was unseemly and that it was in breach of

broadcasting standards, in particular the standards aimed at the protection of children.

TVNZ assessed the complaint under the standards cited by Ms McBride. They

require broadcasters:

G2   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.

G5   To respect the principles of law which sustain our society.

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

during their normally accepted viewing times.

TVNZ acknowledged that the programme – and its humour – was not to everyone's

taste, but pointed out that it still attracted a sizeable viewing audience. It reminded

Ms McBride that she was under no compulsion to watch a programme which

obviously caused her concern.

Having examined the incidents complained of, TVNZ responded that in none of them

were the participants showing more flesh than would be seen on a New Zealand beach

on a summer's day. It found nothing which breached standard G2, and did not

consider standard G5 relevant to the complaint. TVNZ also rejected the complaint

that children could be harmed by watching the programme.

When she referred her complaint to the Authority, Ms McBride accused TVNZ of

fobbing off her complaint. In her view it was a serious matter because the material

was not suitable for children.

While the Authority agrees that the content of the programmes is not to everyone's

taste, it does not find any aspect of the three items complained about which breaches

any of the broadcasting standards cited. As TVNZ noted, there was no impropriety

or indecency, and nothing which would harm children who may be watching. It agrees

that standard G5 is not relevant.

Accordingly it declines to uphold any aspect of the complaint.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
21 August 1997

Appendix

Ms Michelle McBride's Complaint to Television New Zealand Limited – 9 May

1997

The programme Who Dares Wins was broadcast on successive Thursday evenings at

7.30pm on TV2. Ms Michelle McBride of Rotorua complained to Television New

Zealand Ltd about the episodes broadcast on 24 April, 1 May and 8 May which each

contained segments where people were dared to undress in public, and which she

considered breached standards G2, G5 and G12 of the Television Code of

Broadcasting Practice.

In the 24 April episode, a man was dared to undergo wax hair removal. Ms McBride

considered it unnecessary that he was asked to take off his shorts. On 1 May a man

was in a shopping mall in his underwear, and on 8 May a man was asked to undress in

a shopping mall under a sheet with his female companion, and throw his clothes out.

In spite of the incidents being lighthearted, Ms McBride considered it unseemly

behaviour in the time slot. She concluded:

The segments end up targeting male adults for these "jokes", but statistically,

it is from this group that defy the law, and are the perpetrators of indecent

exposure in front of children, which is a serious issue.

TVNZ's Response to the Formal Complaint – 23 May 1997

TVNZ advised that as requested, the complaint was considered in the context of

standards G2, G5, and G12 of the Television Code of Broadcasting Practice. It stated

at the outset that it found remarkable that Ms McBride continued to watch a

programme which obviously caused her offence, noting that she had complained about

an earlier episode on 27 February. It advised that its surveys showed that over

375,000 viewers watched the programme each week and no other person had

complained.

TVNZ advised that it had examined the incidents to which Ms McBride referred and

observed that in none of them was male flesh exposed to any greater extent than

would be the case on any New Zealand beach in summer. It added:

We acknowledge that dares which deliberately set out to embarrass are not to

everyone's taste – but that does not mean that showing them is in breach of

programme standards. Many people enjoy this type of humour as is indicated

by the size of the viewing audience. We recognise that you personally do not

like this material but you are under no compulsion to watch it.

In the context of a programme which set out to embarrass its participants, TVNZ

considered there was nothing which breached standard G2. With respect to standard

G5, TVNZ responded that the standard was not relevant to the complaint. Turning to

standard G12, TVNZ advised that it could identify nothing which would harm

children. It declined to uphold the complaint.

Ms McBride's Referral to the Broadcasting Standards Authority – 10 June 1997

Dissatisfied with TVNZ's response, Ms McBride referred the complaint to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Ms McBride wrote that she found the reply offensive, as it was obvious that she was

complaining about certain segments of the programme, and she regarded as irrelevant

the numbers who watched it.

She maintained that the people involved in the incidents she referred to would have

been subject to complaints, or even arrested, in the locations shown. Daring people to

undress in inappropriate locations was, in her view, bad taste and careless

programming by TVNZ, especially considering the time slot.

Ms McBride considered that standards G2, G5, and G12 were breached in the

segments described and she was disappointed at TVNZ's failure to see the breach and

for fobbing off her complaint.

In concluding, Ms McBride wrote that she could not see who the segments were

designed for but firmly believed they were not suitable for children, especially as they

appeared live in the public arena.

TVNZ's Response to the Authority – 19 June 1997

TVNZ advised that it had nothing further to add except to express disappointment

that Ms McBride felt "fobbed off". It added that it gave due consideration to her

complaint and reviewed the programmes carefully. TVNZ rejected Ms McBride's

assertion that it was fobbing her off by not agreeing that programme standards were

breached.

Ms McBride's Final Comment – 2 July 1997

In her final comment, Ms McBride wrote that she hoped TVNZ could look at the

scenarios as a parent, and not as a censor who saw them as good entertainment and

harmless fun. Ms McBride did not believe she had been mistaken.

She considered it important to highlight the matter, even if only one person was

adversely affected by watching the programme.