BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

Promos for three R18 films were screened on Sky Network Television just before

8.30pm on 27 September 1997 during a break between two Disney features.

Mr Clode complained to Sky Network Television Ltd, the broadcaster, that it was

inappropriate to screen promos for adult films during programmes which were aimed

specifically at children, and furthermore that the promos were unsuitable for broadcast

at the time of day.

In its response, Sky maintained that it was entitled to run promos at any time of the

day as long as they did not contain excessive violence. It noted that it endeavoured to

play promos for adult films as close to the 8.30pm movie as possible.

Dissatisfied with that response, Mr Clode 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 promos complained about and have

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

Authority determines the complaint without a formal hearing.

Three R18 films were previewed in promos broadcast at 8.26pm on Sky Network

Television on 27 September 1997, the first Saturday of the school holidays. The

previewed films, scheduled for broadcast at 8.30pm on the days immediately

following, were Sudden Death, Seven and Desperado.

Mr Clode complained that it was inappropriate for the R18 promotions to be

broadcast during a series of Disney features which were aimed at a family audience.

The evening's line up, he pointed out, included Heavyweights at 6.30pm, followed by

The Making of George of the Jungle at 8.00pm and Operation Dumbo Drop at

8.30pm. During the broadcast of The Making of George of the Jungle, a competition

was announced for which the prize was a family trip to Fiji. In order to qualify,

viewers had to watch two consecutive films, and it was between these that the

promos for the three R18 films were shown. In Mr Clode's view, it was unacceptable

that, having captured a family audience with the competition, Sky then broadcast R18

material to that family audience.

In its initial response, Sky asserted that it was entitled to run programme promotions

at any time provided that they did not contain excessive violence. It advised that

there were no R18 promos broadcast prior to 8.26pm.

When Mr Clode referred the complaint to the Authority, he expressed dissatisfaction

that Sky had failed to acknowledge his concern that it was inappropriate to show R18

material during a package of films intended for family viewing.

Responding to the Authority, Sky clarified its position. It advised that the station

break prior to the 8.30pm movie was where the 8.30pm films for the upcoming week

were promoted. On this occasion, the promotions featured R18 films which were

scheduled for the next three nights. However, Sky maintained, it was particularly

mindful of the Code of Broadcasting Practice when making promos for AO film titles.

It advised that it had complied with standard G22 of the Free-to-Air Television Code

of Broadcasting Practice. That standard reads:

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.

The promos, Sky continued, were made with the utmost care, and the emphasis was

placed on the stars and story, as opposed to the content. It maintained that it was

most unusual that there would be three R18 movies showing on consecutive nights. In

conclusion, it advised that it would continue to exercise discretion with respect to the

placement of its promos and ensure that their content was suitable for general

placement.

The question of placement of promos for R18 movies is a matter on which the

Authority has made recommendations in its Review of the Pay Television Code of

Broadcasting Practice released in October 1997. The Authority has recommended

that promos for R18 movies be broadcast only after 8.30pm, regardless of whether the

content complies with the earlier time zone. It reasoned that since the content of R18

movies is unsuitable for children, they should not be advertised during young

children's viewing times. That recommendation will be the subject of consultation

with broadcasters.

Turning to the present complaint, the Authority decides that although the promos

were broadcast during what was clearly a general family viewing time, the content was

not such that it breached any of the existing standards in the Codes of Practice. It

notes that Sky applied standard G22 of the Free-to-Air Television Code when it dealt

with the complaint, since there is no comparable standard in the Pay Television Code.

The Authority commends Sky for taking the initiative in that regard. The absence of

an applicable standard with respect to promos points to another anomaly in the Pay

Television Code of Practice, which the Authority has made recommendations on in its

Review. Those recommendations aim to produce greater clarity both for broadcasters

and for viewers by aligning the Pay and Free-to-Air Codes of Practice. However, on

the basis of the existing standards, the Authority finds no breach.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
20 November 1997

Appendix

Graeme Clode's Complaint to Sky Network Television Ltd - 28 September

1997

Mr Clode of Dunedin complained to Sky Network Television Ltd that on 27

September 1997, the first weekend of the school holidays, promos for restricted films

were shown during a break between family movies. He noted that the HBO channel

screened three consecutive Disney movies: Heavyweights at 6.30pm, The Making of

George of the Jungle at 8.05pm, and Operation Dumbo Drop at 8.30pm. He added:

George of the Jungle even had a 'hook' to keep viewers watching: the chance

to win a trip to Fiji if you named the elephant in Operation Dumbo Drop.

You needed to watch that film to find out the answer.

Mr Clode complained that in the break before Operation Dumbo Drop started, Sky

screened promos for three R18 films - Sudden Death, Seven and Desperado. In his

view, screening promos for R18 films during a line-up of family films breached two

standards in the approved code of broadcasting practice, one relating to the protection

of children, and the other relating to classifications and appropriate time bands.

Sky's Response to the Formal Complaint - 1 October 1997

Sky responded that no R18 promos were screened before 8.26pm. At that time, three

promos were run, two at 8.27pm and one at 8.28pm.

Sky asserted:

SKY Television is entitled to run rated promotions at any time of the day as

long as they do not contain excessive violence. In this regard, while trying to

remain a responsible broadcaster, SKY does endeavour to play rated

promotions as close to the 8.30pm movie as possible.

Sky also noted that a Parental Control card was available at no cost to all subscribers

who wished to block R18 programming.

Mr Clode's Referral to the Broadcasting Standards Authority - 4 October 1997

Dissatisfied with Sky's response, Mr Clode referred the complaint to the

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

In his view, Sky had failed to acknowledge his concern about running R18 promos

between two films intended and packaged for a family audience.

He wrote:

That Sky may show R18 trailers whenever it likes is at odds with cinemas

who, as I understand it, are required by law not to show R18 material before a

children's film. Television goes directly into the home.

Sky's Response to the Authority - 13 October 1997

Sky confirmed that the three promos in question were played in a cluster at the time

Mr Clode noted. It explained that its 8.30pm Saturday night movie was always a

dedicated comedy slot, and the films at that time ranged from PGs and M rated titles

through to the occasional R16. Sky described the break prior to the 8.30pm movie as

a standard station break, and noted that it is where it promoted the 8.30pm films for

the following week. On this occasion, the films for the following three evenings were

all R18 titles.

Sky advised that it was mindful of the Code of Practice when making promos for AO

films, and that the promos had been made to ensure that the emphasis was placed on

the stars and story as opposed to any questionable content. It considered they were

comparable in tone to similar promos on free-to-air television. It added:

Nevertheless, it is incredibly rare that three big 8.30pm movies in a row would

have such high censorship ratings (although one title Seven was upgraded from

its original NZ theatrical release).

Sky assured the Authority that it would continue to exercise discretion upon

placement of such promos, and ensure that their content was fit for general

promotional placement.

Mr Clode's Final Comment - 16 October 1997

Mr Clode emphasised that the promos were shown on the first Saturday evening of

the school holidays, and noted that Sky ran a competition that night for a family trip

to Fiji. In order to qualify, viewers had to watch two Disney features. Between these

features, promos for three R18 films were shown.

Mr Clode considered it was unacceptable that Sky, having captured a family audience

by promoting a competition, then broadcast R18 material to the same family audience.