BSA Pānui - Swearing by the research

Number 109
Kia ora koutou,

One of the things I always get asked about is our research into words which people find offensive.

The last time we tackled this was in 2018open_in_new. 

Context is always very important, including time of broadcast, the target audience, classification and nature of the programme. The featured decision below highlights a recent situation where some issues arose.

We like to see the research get put to use, so its great when outlets like Stuff.co.nz use it as a basis for shaping their approachopen_in_new.

What people consider offensive language is an area where the boundaries are constantly moving. My mother-in-law, for example, used to tell the father-in-law off for saying bloody hell.

Due to the constant change, it's likely we will again survey Kiwis about what they think in the next year.

Ngā mihi nui
Glen
Chief Executive

FEATURED DECISIONS

FREE-TO-AIR TELEVISION
Roberts and SKY Network Television Ltd - 2020-155 (13 May 2021) open_in_new
The Authority has upheld a complaint that the frequent use of the f-word (and variations) during A Life on the Road breached the good taste and decency standard. The episode featured Brian Johnson of AC/DC talking to Lars Ulrich of Metallica about touring in the early 90s, along with footage from the tours and interviews with Metallica crew and fans. It was broadcast at 12pm with a ‘PGL’ rating (Parental Guidance; language may offend). The Authority found this did not provide sufficient reliable information to signpost the level and frequency of language in the programme and did not give the audience an adequate opportunity to exercise choice and control – meaning they were more likely to be surprised and offended by the content. The Authority found an ‘M’ rating and more detailed onscreen warning, for example for ‘frequent coarse language’, would have been more appropriate for the content and more consistent with the requirements of the Code.

Upheld: Good Taste and Decency; No Order

Reekie and Discovery NZ Ltd [2021] NZHC 411open_in_new

The High Court recently dismissed an appeal by Nicholas Reekie. Mr Reekie appealed Authority decisions 2019-033open_in_new and 2018-045open_in_new. For an appeal to be successful under s 18 of the Broadcasting Act 1989, the High Court must find the Authority acted on the wrong principle; failed to take into account some relevant matter; took into account some irrelevant matter; or was plainly wrong. The High Court did not find any basis in these decisions to allow the appeals. 

Appeals Dismissed

RADIO
Johnson & Mackinnon and Radio New Zealand Ltd - 2020-176 (28 April 2021) open_in_new

The Authority has not upheld two complaints regarding an interview of American philosopher and gender theorist Judith Butler by Kim Hill. The interview discussed ‘the debate about who can be classified as a woman’ and used the term ‘TERF’, an acronym meaning trans exclusionary radical feminist, to describe those ‘who oppose transgender as a phenomenon and transgender rights more broadly’, particularly through excluding trans people from women-only spaces. The Authority found the broadcast was not discriminatory towards women and the term ‘TERF’ was used as part of a discussion of the debate and the expression of legitimately held opinion.

Not Upheld: Discrimination and Denigration

LATEST DECISIONS

NEWS AND RESEARCH

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