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SOCIETY FOR PROMOTION OF COMMUNITY STANDARDS INC.

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BSA report on “C” word & decision by Deputy Chief censor Nicola McCully on NZ Post award book – Into the River

October 4, 2013 by SPCS Leave a Comment

In its September 2013 BSA Report, 70% of adult respondents rated the C### word as the most unacceptable word “in relation to the scenario of a television drama shown after 8.30 pm.” (i.e. “adult” viewing time). The quantitative research, a national online survey with 1,500 randomly selected individuals aged 18 years and over, stratified by region, age group, gender and ethnicity, was carried out by Nielson research company for BSA “to provide a monitor of the acceptability of the use of swear words, blasphemies and other expletives in broadcasting over time.” Since 2005 the “C###” word has consistently topped the BSA reports as the most offensive word – (thereby injurious to the public good),

This same “C###” word was used NINE TIMES in a self-published book – Into the River by Ted Dawe – which recently won two categories in the New Zealand Post Children’s Book Awards: Margaret Mahy book of the year and young adult [ages 14-18] fiction award (announced on 24 June 2013). The Office of the Chief Censor of Film and Literature, Dr Andrew Jack, recently classified this book as “Unrestricted – Suitable for mature audiences 16 years of age and over”, after it was submitted for classification as a result of complaints raised by Family First NZ, a registered charity. The 13 page Office of Film and Literature Classification (OFLC) decision on the book, signed by Deputy Chief Censor, Ms Nicola (Nic) McCully, stated FALSELY that the “C” word only appeared once in the book. The Office informed SPCS that it had been examined by a number of highly trained staff who had read it. The Decision (ref. no. 1300727.000) dated 11 September 2013 states on page 8:

“This book contains a limited amount of highly offensive language, …. The word ‘fu##’ and its derivatives are used occasionally and the word ‘cu##’ is seen once. The language is not likely to cause harm…. The highly offensive language has a relatively low impact due to the context.” [Note: Offensive words spelt in full in OFLC decision and BSA decision. Emphasis added in bold].

Why was the deputy chief censor Ms Nic McCully failed to ascertain that the most offensive word according to 70% of adult New Zealanders – the “C” word was actually used nine times in Ted Dawe’s highly controversial book? Why did she sign the OFLC decision which is based on false information? Has she become desensitised to the offensive nature of the “C” word and other obscene words due the length of time she has been in the job? What real qualifications does she have to make determinations on the appropriatness of language in children’s books? Is there a link between the sexual orientation of censors and the attitudes/judgment they display towards the excessive use of the “C” and “F” words in children’s literature” or elsewhere?

The Deputy Chief Censor Ms Nicola McCully was appointed by the Governor-General on the recommendation of the Minister of Internal Affairs.

“The reappointment of Ms McCully will retain her significant expertise in the area of censorship and will ensure the continued solid performance of the Office of Film and Literature Classification,” said Hon. Nathan Guy.

Ms McCully was originally appointed as Deputy Chief Censor on 17th September 2002 on the recommendation of a former Minister of Internal Affairs, Hon. George Hawkins, with the concurrence of the Minister of Justice, Hon. Phil Goff, and the Minister of Womens Affairs, Hon. Laila Harre. She has been reappointed to successive three year terms of office, in 2002, 2005, 2008, and 2011. Her latest term expired on 2 August 2012. She has been viewing hardcore porn and objectionable content that degrades, demeans and dehumanises women in particular, as a deputy chief censor for over 11 years!

Prior to Ms McCully’s appointment, she had worked in the Classification Office for eight years which included her role as Classification Unit Manager and Senior Classification Officer. She was also previously an examiner for the Video Recordings Authority in 1994. Prior to that the only employment experience she had was working for one year with special needs children as a teacher aide, a job she got without any teacher qualifications (e.g. Dip. Tchg.) or specialist training certificate.

In total Ms Nicola McCully has been viewing hardcore porn and objectionable content as a censor for almost 20 years!

This “dirty job” (see quote below) that has commanded a gross salary of about $200,000 and which she apparently must enjoy so much, was described in an article available published on line by Sex Shops in New Zealand On Line (see below):

http://www.sexshops.co.nz/

In a typical working week, Nicola McCully might watch a couple of dozen people having sex. Sometimes they might be doing this in twos or threes; other times, there’ll be a roomful, going at it like rabbits. Sometimes they might be going at it with rabbits. And if it’s not sex, it’s violence. McCuly looks on as people are murdered, tortured and maimed. Soft human bodies are set on fire, exploded by bombs, cut up and eaten. McCully might crunch her way through a tangy apple as a young man is slowly and gleefully decapitated. Other times a cup of tea might wet the whistle during a gruelling group rape scene. A gingernut with that? Sure, why not? It’s all in a day’s work for McCully, as New Zealand’s deputy chief censor.

For the last 10 years or so, she has spent her working week viewing all manner of distressing and depraved things to decide whether we can watch them as well.

Censorship. It’s a dirty job, and somebody has to do it. But who? What could possibly drive someone to be a censor? Not the money, that’s for sure. The salary for an experienced classification officer is less than $60,000. So why would someone voluntarily sit in a darkened room for days, months, years of their life, watching acts of extreme cruelty, harrowing sexual violence and the more repulsive ends of the porn spectrum?

McCully began her censorship career in 1994. After working in special education in Christchurch, she applied for a job at the Video Recordings Authority, an organisation that was amalgamated into the Classification Office that same year. A compact, quick-witted woman with a habit of getting straight to the point, McCully’s career choice means she has seen things no-one should have to see. She acknowledges that some aspects of her job have taken their toll emotionally. Certainly, her ready laugh is at odds with her sad eyes.

“Some days this work really is the pits. You see some incredibly horrible things. If there’s a court case concerning the sexual exploitation of young children, we spend weeks dealing with images that are genuinely grotesque. We’ve had computer hard drives submitted to us containing entire libraries of child pornography, with thousands of images and movie files that have been indexed and arranged like photo albums.”

Fortunately, cases as grim as this are relatively rare. McCully estimates that about 80% of her team’s work is classifying the kind of sexually explicit DVDs that will end up in sex shops and the “adult” sections of video stores from North Cape to Bluff.

“Those tapes really are tedious,” she sighs. “You might have six hours of sex DVDs to classify, and you have to watch them from beginning to end. There’s no fast-forwarding, in case you miss a section where things are verbally or physically rough. The misogyny in these sex tapes is very depressing. There’s the underlying idea that women are only on this earth to satisfy men in whatever way those men want to be satisfied, no matter how painful or humiliating.”

____

Returning to the September 2013 BSA report. It states:

31 words were presented to respondents, all of which are included in the 2010 survey

  • Respondents rated eight words as Totally or Fairly unacceptable in relation to the scenario of a television drama shown after 8.30pm: C### (70%), Ni##er (65%), Mother f##### (61%), J#### F###### C##### (61%), C###sucker (56%), Get f##### (54%), F### off (50%) and F### (50%). The least contentious words, rated as Totally or Fairly acceptable, were: Bloody (15%), Bollocks (13%) and Bugger (13%). The order of the words found to be the most offensive to the least offensive remains largely the same as found in 2010 and in 2005 [Note: Offensive words spelt in full in BSA report]

See: http://bsa.govt.nz/publications/research/123-2013/6367-what-not-to-swear-the-acceptability-of-words-in-broadcasting-2013

Words such as C###sucker, and “Fa##ot”” are of particular concern to GayNZ.com which states:

“Two homophobic slurs are among the top ten words New Zealanders find most offensive on radio or TV.

“C###sucker” is the word ranked fifth most unacceptable in an annual Broadcasting Standards Authority survey. “Fa##ot” ranks ninth.” [Words spelt in full in GayNZ report]

No mention is made by GayNZ.com staff of the “C” word in their erudite media release “Gay slurs not welcome on NZ radio or TV” which comes with a nifty warning note: “Content warning”

Other Sources:

1. Nathan Guy’s Media Release:http://www.beehive.govt.nz/release/deputy+chief+censor+reappointed

2. Briefing for Incoming Minister Internal Affairs. Department of Internal Affairs June 2009, p. 58.

“An appointment process for the Deputy Chief Censor is underway and is in the final stages.”

3. Report of the Office of Film and Literature Classification for year ending 30 June 2008

Employee Remuneration p. 55. Also see Annual Report 2007, p. 70.

http://www.censorship.govt.nz/pdfword/Annual%20Report%202008.pdf

4. https://www.spcs.org.nz/2009/after-over-15-years-being-paid-big-bucks-by-the-tax-payer-to-watch-hardcore-adult-and-child-porn-and-sexual-violence-chief-censor-bill-hastings-and-his-deputy-nicola-mccully-want-a-further-3-years/

5. For more details on the OFLC classification of Ted Dawe’s book Into the River and the NZ Post Children’s Book Awards see pages 2-4 in the SPCS September 2013 Newsletter.

https://www.spcs.org.nz/wp-content/uploads/newsletters/SPCSNewsletterSept2013.pdf

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Filed Under: Broadcasting Standards Authority, Censorship, Obscenity Tagged With: BSA, censorship, Deputy Chief Censor, Dr Andrew Jack, Into the River, Margaret Mahy, Neilson research, Nic McCully, Nicola McCully, NZ Post Children's Book Awards, OFLC decision, Ted Dawe

Rise Up Together in the Service of Life Conference 27-29 September 2013–Family Life International NZ

September 25, 2013 by SPCS Leave a Comment

Rise Up Together in the Service of Life Conference 27-29 September 2013. Venue: Bruce Mason Centre, Takapuna, Auckland. A Pro-Life/Pro-family Conference. Organised by Family Life International NZ which educates on all the life issues from conception through to natural death including topics such as contraception, abortion, euthanasia, assisted suicide, sex education, eugenics, prenatal testing, IVF, marriage and same-sex marriage. Family Life International is a registered charity (Reg. No. CC23462 – reg. 28 April 2008) Source: http://www.fli.org.nz/ and www.charities.govt.nz

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Filed Under: Other

Third porn actor tests positive for HIV; industry faces indefinite shutdown

September 23, 2013 by SPCS Leave a Comment

The U.S. porn industry may shut down for the second time in a month after a third actor reportedly tested positive for HIV this week.

The identity of the actor has not been released. The positive test was confirmed by a doctor at a health facility used by the porn industry, an industry trade group said.

Read more: http://www.nydailynews.com/news/national/porn-actor-tests-positive-hiv-article-1.1448522#ixzz2fhuvmeT0

Story by Philip Caulfield

New York Daily News

Saturday 7, 2013

 

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Filed Under: Pornography, promiscuity Tagged With: HIV, US Porn industry

HIV infected porn stars speak out against porn industry

September 23, 2013 by SPCS Leave a Comment

Infected porn stars say the outbreak of HIV infections shows the industry needs to get serious about condoms. Porn actors Cameron Bay and her boyfriend Rod Daily, both of whom recently tested positive for HIV, held a news conference in Hollywood on Wednesday sponsored by the AIDS Healthcare Foundation, to speak out about the need for condoms in the industry.

Read more: http://www.nydailynews.com/life-style/health/hiv-positive-porn-stars-argue-condoms-article-1.1460438#ixzz2fht1zNXB

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Filed Under: Pornography, promiscuity Tagged With: AIDS Healthcare, HIV, HIV infections, infected porn stars

Exhibitionist loses appeal against guilty verdicts in public nudity causing offence case

September 12, 2013 by SPCS Leave a Comment

A Tauranga exhibitionist Andrew Lyle Pointon, 47, has lost his High Court appeal against guilty verdicts on two charges of offensive criminal behaviour relating to public nudity. Offensive behaviour charges were laid against this exhibitionist after neighbours reported seeing him gardening in the nude at his home at 14th Avenue, Tauranga, in January 2012 and mowing his lawn naked in March 2012. The judge had noted in effect that he had knowingly engaged in offensive “exhibitionism” on a number of occasions at times when his neighbours and their young children were understood to be in the vicinity, and that he knew that he could be clearly seen by them from their properties. As a consequence of his offensive exhibitionism their rights were impacted negatively, as the parents felt compelled to prevent their children from going out onto their section to play, in order to protect them from exposure to this offensive nude exhibitionist. Their rights – not to be offended – were infringed by Pointon’s zealous and misguided claim that he was merely exercising his ‘rights’ of “freedom of expression” under the New Zealand Bill of Rights Act 1990.

At a defended hearing in Tauranga District Court in May 2013 the Judge found Andrew Lyle Pointon guilty of exposing himself in a manner that offended neighbours who had complained. He was fined $300 and $350 on the naked gardening and lawn-mowing charges.

Pointon’s appeal against the guilty verdicts was heard by Justice Paul J. Heath, in the High Court and he dismissed the appeal in his judgment delivered at 4.00 pm on 10 September 2013.

“..the sergeant suggests his behaviour was in the nature of exhibitionism – a word which is not entirely inapt” …

“I do consider that reasonable persons having the characteristics of the particular complainants have been offended and to some degree as to warrant the invocation of criminal law.” [Emphasis added]

Pointon has claimed that his nudity in public places is not about exhibitionism.

“There’s no connotations to it there’s nothing sexual about it there’s nothing perverted about it and that’s the way just being naked is, just feeling good in your own body,” he told SunLive.co.nz.

[Note: Perversion is a concept describing those types of human behaviour that deviate from that which is understood to be orthodox or normal. Although it can refer to a variety of forms of deviation, it is most often used to describe sexual behaviours that are considered particularly abnormal, repulsive or obsessive. See: http://en.wikipedia.org/wiki/Pervert].

Mr Pointon’s lawyer Michael Bott, as noted in the appeal judgment, had informed the court earlier that if it was to rule that the previous trial had been fair, “he [Bott] could not challenge the Judge’s decision that the behaviour was offensive.” [Emphasis added]

Pointon referred in court to his earlier lawyer having informed him in advance that his intended appeal was “unwinnable”. It was noted that the lawyer disputes this, but the fact remains that Pointon lost his appeal.

Clearly Pointon is wrong to continue to think he can expose his private parts around Tauranga without committing criminal offences. The fines imposed at sentencing should remind him to consider the rights of others. One would hope he is not still exposing himself front of children and pretending that it’s all “just [about] feeling good in [his] body”, for too much longer. The Tauranga public no doubt, especially his near neighbours, would be delighted to see him learn to show some restraint and confine his exhibitionism to performances in front of a mirror in his own home, with curtains drawn, or in a truly private location on his own property… or better still, perform his gardening and lawn-mowing nudist “feel-good about his body” duties at a naturist club.

Behaviour that is deemed “offensive” under the criminal law and is carried out by a nude person in a public place in New Zealand, would be considered perverted behaviour by many reasonable-minded persons. The exposure of a person’s nude body in a public place in a manner that deliberately infringes on the freedoms of others not to be offended, is considered perverted behaviour. For example, people who run naked onto public sports grounds during sports games are considered self-centred perverts and exhibitionists. Those who expose their genitals on their private property in the sure knowledge that near neighbours, including children are confronted, deserve to be classified as sexual perverts and sexual exhibitionists. Such persons may never intend to commit sexual offences, but members of the public are not to know this, and the very opposite may in fact be the case.

Sources

Lawn order: Garden clothed, naked runner told

http://www.stuff.co.nz/national/9152719/Lawn-order-Garden-clothed-naked-runner-told

Tauranga naturist accused of mowing lawns naked

By Sandra Conchie. 5 February 2013

http://www.nzherald.co.nz/bay-of-plenty-times/news/article.cfm?c_id=1503343&objectid=11089536

Andrew Lyle Pointon v. New Zealand Police. Hearing 5 September 2013. Judgment 10 September 2013.

CRI 2013-470-17 92013] NZHC 2352

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Filed Under: Crime, Enforcement Tagged With: Andrew Lyle Pointon, Andrew Pointon, exhibitionism, exhibitionist, Justice Heath, Justice Paul Heath, offensive behaviour, perversion, Tauranga exhibitionist

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