BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Promos for two films classified as AO and scheduled to be broadcast at 8.30pm –

"Highlander II" and "A Woman's Guide to Adultery" – were screened before 8.30pm

on 24 January. In addition, a promo for the series Peak Practice, also to be shown

after 8.30pm, was screened before 8.30pm the same evening.

Ms Shepherd complained to Television New Zealand Ltd, the broadcaster, that

showing the promos containing violence, naked bodies and dripping blood before

8.30pm breached the standards relating to the protection of children.

Pointing out that promos for AO programmes could be screened in other time bands

provided the material portrayed did not justify an AO rating, TVNZ said the promos

shown reflected the tone of the programmes without including the material which

merited the AO rating. It declined to uphold the complaint. Dissatisfied with

TVNZ's decision, Ms Shepherd referred her complaint to the Broadcasting Standards

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

For the reasons below, the Authority declined 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). As is its practice, the Authority

has determined the complaint without a formal hearing.

Ms Shepherd complained about promos (or trailers) for three AO programmes which

were broadcast during G or PGR time (before 8.30pm) on Tuesday 24 January. They

were promos for two films – "Highlander II" and "A Woman's Guide to Adultery" –

and for the series Peak Practice.

There is some disagreement between Ms Shepherd and TVNZ about the time at which

two of the promos were broadcast. However, the Authority did not consider that it

was necessary to decide precisely when the promos had been broadcast as it was

accepted that the promos for the three programmes named – which began after the

8.30pm watershed – were broadcast before that time.

Ms Shepherd argued that the practice breached the standards dealing with the

protection of children. She added that while children could be protected from

watching AO programmes after 8.30pm, it was not possible to stop them from

watching the promos for such programmes broadcast before 8.30pm.

TVNZ assessed the complaint under standards G12, G22 and G24 of the Television

Code of Broadcasting Practice. The first refers to all programmes and requires

broadcasters:

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

their normally accepted viewing times.

The other two refer specifically to programme trailers and promotions and read:

G22 Promotions (promos) for AO programmes may be screened during PGR

or G time bands provided the promo is made in such a way that it can be

classified as PGR or G, as appropriate. Promotions which carry an AO

classification may only be screened within AO time bands.

G24 Broadcasters must be mindful that scenes containing incidents of violence

or other explicit material may be acceptable when seen in the total context

of a programme, but when extracted for promotion purposes such

incidents will be seen out of context and may thereby be unacceptable, not

only in terms of the codes but also for the time band during which the

trailer is placed. (Emphasis in the original)

TVNZ pointed out that the standards accepted that promos for AO programmes

could be broadcast before AO time provided the extracts from the programme shown

in the promos was not the material which justified the programme's AO rating.

It proceeded to summarise briefly the contents of each of the three promos

complained about. It argued that the promo for "Highlander II" showed no violence

and that the nature of the programme was successfully reflected without resort to

violent behaviour. The promo for "A Woman's Guide to Adultery", it said, showed a

photograph of a naked man from behind but there was nothing salacious or titillating

in that shot or the shots of a couple kissing. The Peak Practice promo consisted

mainly of people talking to each other and disclosed that AIDS was the issue to be

dealt with. There were, it added, some brief shots of dripping blood.

TVNZ maintained that none of the promos contained material which was injurious to

children and reported that they had been carefully chosen to avoid explicit material.

When she referred her complaint to the Authority, Ms Shepherd reported her

children's dissatisfaction with TVNZ's decision. Why, she asked on their behalf,

should a promo for a programme which was not suitable for children be shown in their

viewing time?

In response to this point, TVNZ maintained that it was important for broadcasters to

be able to advise adult viewers of programmes broadcast during G and PGR time of

the entertainment which would be screened later during AO time.

The Authority dealt first with the issue expressly raised by Ms Shepherd's children.

It appreciated their concern when they questioned the practice of showing promos for

AO programmes during G and PGR programmes. It also understood that it might add

to the pressures felt by parents and other care-givers when enforcing the watershed,

should a younger viewer's interest have been aroused by the promo for an AO

programme.

On the other hand, the Authority acknowledged that programmes with G or PGR

ratings were not watched only by younger viewers. Many of the viewers would be

those who could and would watch AO programmes. Accordingly, it was not

unreasonable to allow broadcasters the opportunity to broadcast promos for AO

programmes during G and PGR times provided, of course, the standards were met.

The Authority believes that the standards, while they allow promos for AO

programmes before 8.30pm, impose stringent conditions. Standard G24 in particular

requires broadcasters to exercise care, because excerpts may be seen out of context, to

ensure that the material shown is acceptable under the standards which apply at the

time when the promo is screened.

Keeping this requirement in mind, the Authority then considered whether each of the

promos broadcast complied with the standards which applied when the promos were

broadcast. The classifications set in the standards read:

General - G

Programmes which exclude material likely to be unsuitable for children under 14

years of age, although they may not necessarily be designed for child viewers.

"G" programmes may be screened at any time.

Parental Guidance Recommended - PGR

Programmes containing material more suited to adult audiences but not

necessarily unsuitable for child viewers when subject to the guidance of a parent

or adult.

"PGR" programmes may be screened between 9am and 4pm and after 7pm until

6am.

Adults Only - AO

Programmes containing adult themes or those which, because of the way the

material is handled, would be unsuitable for persons under 18 years of age.

"AO" programmes are restricted to screening between midday and 3pm on

weekdays (except during school and public holidays) and after 8.30pm until 5am.

Because the issue of screening promos for AO programmes in G and PGR time is one

which crops up regularly in correspondence and telephone calls, the Authority has

decided to adopt a cautious stance in interpreting the standards when deciding whether

a promo for an AO programme complies with the classification of the time period

during which it is screened. Moreover, the context of the programme during which the

promo is screened will be given minimal weight. For example, TVNZ argued that one

of the reasons why the Peak Practice promo was acceptable was because it was

screened during Holmes which was "often the repository of disturbing accounts of

real-life happenings". Putting aside the point that after the recent rescheduling

Holmes is now broadcast during PGR time, the Authority was not prepared to accept

this reason as justification for the Peak Practice promo should it otherwise contravene

the standards.

After deciding the criteria to apply, the Authority then considered the three promos

complained about.

It decided that the promos for Peak Practice and "Highlander II" complied with the G

and PGR guidelines respectively. As TVNZ reported, the former consisted mainly of

people talking plus brief shots of a few drops of dripping blood and the head and

shoulders of a man in a bath. The latter referred to but did not show explicit violence

and the brevity of the exposure of the series of shots did little to convey any

indication of the content of the programme itself.

In view of the approach adopted, the Authority considered that the promo for "A

Women's Guide to Adultery" was borderline. Although none of the material shown

breached the standard itself, it suggested further sexual behaviour. Finally, however,

as the possibility of sexual behaviour was only implied and because of the brevity of

the shots, the Authority decided not to uphold the aspect of the complaint which

referred to that promo.

Although the Authority has not upheld the complaint, it points out that it is not

untimely to remind broadcasters of their responsibilities when broadcasting promos.

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

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
12 April 1995

Appendix

Ms Shepherd's Complaint to Television New Zealand Ltd - 30 January 1995

Ms Wendy Shepherd of Levin complained to Television New Zealand Ltd that the

broadcasting standards relating to the protection of children were being breached

regularly by showing trailers for adults only (AO) programmes during children's

programmes.

She supplied the following examples. A trailer for the 8.30pm film "Highlander II"

showing violence was shown on Channel 2 between 6.30 - 7.00pm on 24 January. At

about 7.40pm on the same channel on the same evening, a trailer for the AO film "A

Woman's Guide to Adultery" showing naked bodies was screened. At about 7.30pm

on TV1, a trailer for Peak Practice had been broadcast which showed a naked woman

in a bath and a piece of wood with blood dripping onto it.

Pointing out that children could be protected from watching AO programmes after

8.30pm, but not from the trailers screened before then, Ms Shepherd suggested that

trailers for AO programmes should not be screened before 8.30pm.

TVNZ's Response to the Formal Complaint - 13 February 1995

TVNZ advised Ms Shepherd that its Complaints Committee had considered her

complaint under standards G12, G22 and G24 of the Television Code of Broadcasting

Practice.

TVNZ began by correcting the times at which two of the three promos referred to had

been screened. The one for "Highlander II", it said, had been broadcast at 7.00pm and

the one for Peak Practice at 6.55pm. It also noted that the promos for the two films

had been screened in PGR time.

TVNZ then said that:

The [Complaints] Committee noted that the codes acknowledge that promos for

"AO" programmes can be played in PGR and G time provided that the material

in the promos is not that which earned the programme its "AO" rating.

Dealing with the promo for "Highlander II", TVNZ said that it consisted of a rapid

montage of shots of a number of different characters - two of whom were apparently

frightened - and a car explosion but no violence. TVNZ argued that the nature of the

programme was "successfully reflected without resort to violent behaviour".

As for the promo for "A Women's Guide to Adultery", TVNZ said there were close-

up shots of faces kissing but the only naked figure was that of a man viewed from

behind in a monochrome still photograph. TVNZ added:

As with "Highlander II", the promo successfully reflects the nature of the

programme without including the material which earned "A Woman's Guide to

Adultery" its "AO" certificate.

TVNZ maintained that the "Peak Practice" promo consisted almost entirely of faces

talking to one another during which it was disclosed that AIDS would be dealt with on

the programme. One brief shot showed dripping blood but not its source and, TVNZ

wrote:

The committee did not believe that the content of the promo went beyond what

might be expected in programmes broadcast during "G" time - especially as it

was shown in the context of "Holmes", often the repository of disturbing

accounts of real-life happenings.

As the promos avoided violence and other explicit material and did not contain

material injurious to children, TVNZ argued that they were not screened in an

inappropriate time slot. It expressed regret that Ms Shepherd had been upset but

declined to uphold the complaint.

Ms Shepherd's Complaint to the Broadcasting Standards Authority - 21

February 1995

Dissatisfied with TVNZ's decision, Ms Shepherd referred her complaint to the

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

As she had not watched Holmes or Shortland Street on 24 January, she maintained

that she had correctly identified the times at which and the channels on which the

trailers had been shown.

Ms Shepherd reported that her children were also dissatisfied with TVNZ's decision,

adding:

They found the trailers disturbing, upsetting and unnecessary. They query if a

programme is not suitable for children why does a trailer need to be shown

during their viewing times?

She also objected to TVNZ's comment that "A Woman's Guide to Adultery" was

similar to the programme in which the trailer had been screened - ie The Nanny.

TVNZ's Response to the Authority - 3 March 1995

In its report to the Authority, TVNZ attached copies of the programme formats for

TV1 and TV2 on 24 January as evidence that the promos were played at the time

claimed.

Arguing that it should be allowed to advise adult viewers who might be watching in G

and PGR hours of the programmes to be screened during AO hours - provided the

promos complied with the G or PGR guidelines, TVNZ argued:

While we remain sorry that Ms Shepherd found the promos offensive we

submit that in each case they have been made with the time of the broadcast in

mind and that their content does not go beyond what is acceptable in "G" time

(as far as "Peak Practice" is concerned) and "PGR" time (in relation to

"Highlander" and "Woman's Guide").

Ms Shepherd's Final Comment to the Authority

Ms Shepherd did not respond to the Authority's request whether wished to comment

on TVNZ's report.