BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

More than 20 promotions for Lion Red beer were screened during Lion Red: The Game, broadcast on TV3 between 8.30–9.30pm on 6 August 1998.

On GALA’s behalf, Mr Cliff Turner complained to TV3 Network Services Ltd that the broadcast breached the requirement in the standards to minimise the promotion of liquor. The guidelines to the standards, he wrote, suggested that liquor promos should not exceed one every three minutes during the full viewing period.

Taking into account the titles, the supers and the Lion advertisements broadcast during the programme, TV3 upheld the complaint that incidental liquor promotion had not been minimised. The titles and the supers had since been altered, it advised, to remove the actual Lion Red logo.

Dissatisfied with the action taken, Mr Turner on GALA’s behalf referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons below, the Authority declines to uphold the complaint that the action taken by TV3 was insufficient.

Decision

The members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix). In this instance, the Authority determines the complaint without a formal hearing.

Mr Cliff Turner, Complaints Secretary for the Group Against Liquor Advertising (GALA), complained to TV3 about the amount of incidental liquor promotion which was included in Lion Red: The Game, broadcast between 8.30–9.30pm on 6 August 1998. Referring to Guideline 2 which accompanies the Programme Standards, Mr Turner alleged that the broadcast breached standard A3 of the Code relating to the Promotion of Liquor.

Standard A3 reads:

A3 Broadcasters will ensure that the incidental promotion of liquor is minimised.

The Guidelines attached to the Code are introduced in the following way:

The following guidelines endorsed by the Broadcasting Standards Authority will assist broadcasters in interpreting the above standards but a formal complaint must be based on the standards, not these guidelines.

Guideline 2 provides:

2. As a general guideline, broadcasters will avoid creating the impression that liquor promotions dominate the viewing or listening period if no more than one brief liquor promotion including a name association or sponsorship credit (not exceeding six seconds), is broadcast every three minutes averaged over the duration of the viewing or listening period. A simultaneous visual and verbal mention will count as two mentions.

Taking into account the titles, the baseline supers, and the Lion Nathan advertisements screened during the commercial breaks between 8.30–9.30pm, TV3 upheld the complaint. TV3 advised GALA that the break titles and baseline supers had been altered to ensure that standard A3 and the Guidelines would not again be contravened.

Dissatisfied with the action taken Mr Turner, on GALA’s behalf, referred the complaint to the Authority. He recalled decision No: 151–155/93 in which the Authority reached the ruling on which Guideline 2 is based, and argued that a penalty should be imposed.

Having watched the programme complained about, and noting the action TV3 has taken, the Authority arrives at the following decision. It agrees that the broadcast was in breach of standard A3. While TV3 should not have screened the programme containing so many liquor promotions, the Authority considers that the action taken, the changing of the logo in question, seems satisfactory. However, the Authority notes that should TV3’s action prove to be insufficient, then the matter is likely to come before it again. At that time, the Authority would consider the use of its powers to impose a penalty.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
22 October 1998

Appendix

GALA’s Complaint to TV3 Network Services Ltd – 7 August 1998

The Complaints Secretary (Mr Cliff Turner) for the Group Against Liquor Advertising (GALA) complained to TV3 Network Services Ltd about Lion Red: The Game broadcast between 8.30 – 9.30pm on 6 August 1998. He wrote:

A logo or symbol which incorporated the words of the programme’s title was seen frequently throughout the programme. There were also three promotions for Lion Red during the commercial breaks. The words Lion Red appeared during the one hour programme to such an extent that I believe there was a breach of Programme Standard A3.

Pointing out that Guideline 2 which accompanied the standards suggested that such promotions should be confined to no more than one every three minutes, Mr Turner maintained that the quota of 20 for Lion Red: The Game was exceeded.

TV3’s Response to the Formal Complaint – 9 September 1998

Assessing the complaint under the standard nominated and the guideline referred to, and taking into account all the titles, the baseline supers, and the Lion Nathan advertisements, TV3 accepted that the standard had been contravened. It continued:

Having upheld your complaint, the Standards Committee would comment that the logo used in the programme’s break titles and baseline supers is a hybrid of the actual product logo, which has been altered and is dominated by the The Game logo. In fact, approximately 50 percent of the actual Lion Red Beer logo cannot be seen and has been intentionally designed in this way.

Furthermore, the Lion Red: The Game component has now been removed from baseline supers used in the programme, and the Committee believes this action will effectively remove any future potential for breaches of Standard A3.

GALA’s Referral to the Broadcasting Standards Authority – 14 September 1998

Dissatisfied with the action taken, Mr Turner on GALA’s behalf referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Mr Turner referred back to Decisions 151–155/93 when the Authority had ruled that there should be no more than one liquor promotion every three minutes during a programme. As TV3 ignored that ruling, Mr Turner believed that a penalty should be imposed.

TV3’s Response to the Authority – 25 September 1998

TV3 advised that it did not want to comment further.