BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The Taranaki rugby team’s successful defence of the Ranfurly Shield against North Harbour that day was reported on One Network News broadcast between 6.00–6.30pm on 31 August 1996. The coverage included shots of the successful team in its changing room after the match.

On GALA’s behalf, Mr Turner complained to Television New Zealand Ltd, the broadcaster, that the shots from the changing room included liquor advertising signage. As such signage breached the NZ Sports Assembly Voluntary Sports Code, he maintained that it contravened the Programme Standards.

While accepting that the Voluntary Sports Code might have been breached, TVNZ said it had been unaware of the signage until it was filming in the changing room. It maintained that it had minimised coverage of the liquor signage and declined to uphold the complaint.

Dissatisfied with TVNZ’s decision, 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.

Decision

The members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix). As is its practice, the Authority determines the complaint without a formal hearing.

The Taranaki rugby team’s successful defence of the Ranfurly Shield following the challenge from North Harbour was covered in both a news item and sports item on One Network News. The visuals included shots from the Taranaki team’s changing room where members of the successful team were show holding the shield aloft. Also visible were signs on the changing room wall for Lion Red beer which included the message: "The measure of a man’s thirst".

GALA’s Complaints Secretary, Cliff Turner, complained to TVNZ that the placement of the liquor advertising signs breached rule 1.5 of the New Zealand Sports Assembly Voluntary Sports Code for Liquor Advertising. As such a breach, he continued, it "almost invariably" contravened standards A1 and A3 of the Broadcasting Standards

Authority’s Code for the Promotion of Liquor in view of guideline 6 of that Code.

TVNZ explained the situation under which the shots were taken when it wrote:

At the conclusion of the first thrilling defence by Taranaki on its hold of the Ranfurly Shield, TVNZ was invited to briefly shoot the celebrations in the team’s dressing room where the shield had been taken. The captain was shown holding the Shield aloft in the briefest of shots. There was also a very brief interview of a leading player. This was a photo opportunity in a very emotional and crowded area with our news team being given only a few minutes access to the dressing room to capture the excitement and atmosphere.

While it acknowledged that the shot contravened rule 1.5 of the Voluntary Sports Code, TVNZ argued:

However, the shots which included the signage were so brief, particularly when compared to the relatively long news story item which was followed later in the bulletin by the sports report item, that we do not consider that any breach of Standard A1 occurred. The camera did not focus on the signage at any time and with the movement of the camera and the players it was difficult for viewers to actually read what the sign said.

In view of guideline 8 of the Code, TVNZ maintained that brief shots of incidental promotions, which were a normal feature of the situation being television, were acceptable.

When he referred GALA’s complaint to the Authority, Mr Turner expressed the organisation’s frustration at the Sports Assembly’s seeming inability to prevent the occurrence of this sort of breach. He also noted that TVNZ, while acknowledging the breach of rule 1.5, had not undertaken to take care in the future to avoid future transgressions when filming teams with liquor sponsorship.

In its report to the Authority, TVNZ responded to this point and wrote:

We have no hesitation in undertaking to endeavour in future to avoid screening any signs which could be in breach of Rule 1.5 of the Voluntary Sports Code.

To enable a better understanding of the issues in contention in this complaint, the Authority records the following matters referred to by the parties.

GALA alleged and TVNZ acknowledged a breach of rule 1.5 of the Voluntary Sports Code. It states:

1.5 Changing Room, Warm-up Areas and Tunnel Signage

Changing room, warm-up areas and tunnel signage which appears on television shall focus on the specific team, event or tour and may incorporate sponsorship logos. There shall be no reference to liquor advertisements.

The Voluntary Sports Code is administered by the New Zealand Sports Assembly and its purpose, as set in paragraph 1 of the Code, is:

1.  To clarify the position of sports organisations, sports persons,broadcasters and sponsors in terms of the promotion of liquor, brand advertising and liquor sponsorship message on television.

The Broadcasting Standards Authority is not a party to the Voluntary Sports Code. In consultation with broadcasters, the Authority has developed a Code for the Promotion of Liquor. The Code lists standards A1–A5 and includes 10 guidelines to assist broadcasters in their interpretation of the standards.

The linkage between the Voluntary Sports Code and the Authority’s Code is dealt with in guideline 6 which records:

6. Rules 1.1 to 1.6 of the Voluntary Sports Code for Liquor Advertising and Promotion on Television cover the positioning and the amount of ground signage, product usage on camera, the size of the logos on uniforms of players and administrators when they are filmed for television broadcasts and the wearing of branded sports apparel on other, non-sport related television programmes. The broadcast of material which breaches Rule 1.1 to 1.6 of the Voluntary Sports Code or the principles of the Compliance Addendum to that code will almost invariably breach the Programme Standards for the Promotion of Liquor, particularly A1 and A3.

In view of this provision and the "almost invariably" phrase, GALA maintained that the item on One Network News on 31 August breached standards A1 and A3. In its belief that those standards were not contravened on this occasion, TVNZ referred to guideline 8 which provides:

8. Television broadcasters must film events in such a manner as to minimise the incidental promotion of liquor even when they are broadcasting in situations where they have little or no control over liquor promotions such as the placement of signage at sports events, the placement of backdrops for news conferences or the wearing of branded apparel. If the liquor promotion is so extensive that the activity or individual cannot be filmed, despite the best efforts of the camera crew, without the blatant intrusion of liquor promotions, the broadcast of that material will breach A3. However, standard A3 is not intended to require the total exclusion of all incidental promotions when they are a normal feature of the situation being televised.

TVNZ argued that it was unaware of the liquor signage until invited into the changing room after the game. It did not consider the signage to be extensive and it added that although it had no control over the placement of liquor promotions, it had endeavoured to minimise the incidental promotion of liquor.

As the introduction to the guidelines states, they are provided to assist with interpretation. An allegation that the standards have been breached must, as GALA has done, allege a breach of a specified standard. The nominated standards read:

A1      Saturation of liquor promotions, separately or in combination, must be avoided.

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

While the Authority understands GALA’s concern about the difficulty in ensuring that the Sports Assembly enforces the Voluntary Sports Code, it is pleased with TVNZ’s undertaking to try to avoid in future screening signs which would breach rule 1.5 of the Code. This may go some way to ensure that the Code is complied with.

In regard to the present complaint, the Authority takes into account the fact that the focus of the shots complained about was either the Shield or the player being interviewed. The liquor signage containing sales messages was visible but only on the periphery of the shots. Because of the peripheral nature of the liquor signage, the Authority does not accept that it amounts to saturation in breach of standard A1. Further, because it was apparent that the broadcaster had sought to minimise the amount of liquor advertising which was seen, the Authority accepts that, in a situation in which it had little control, TVNZ tried to ensure that the incidental promotion was minimised.

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

Signed for an on behalf of the Authority

Judith Potter
Chairperson
24 October 1996

Appendix

GALA’s Complaint to Television New Zealand Ltd – 2 September 1996

Cliff Turner, Complaints Secretary for GALA, complained to Television New Zealand Ltd about the coverage of the Taranaki v North Shore Ranfurly Shield rugby match on One Network News between 6.00–6.30pm on Saturday 31 August 1996.

At about 6.08pm, Mr Turner wrote, while a player was seen holding the Shield, Lion Red advertising was "plainly seen" carrying the sales message: "The measure of a man’s thirst". The inclusion of a sales message, Mr Turner pointed out, disqualified the sign from being regarded as sponsorship advertising. At about 6.15pm, two more shots of players in front of Lion Red advertising were shown.

Arguing that the placement of the liquor advertisements breached Rule 1.5 of the New Zealand Sports Assembly Voluntary Sports Code for Liquor Advertising, and that Guideline 6 of the Programme Standards for the Promotion of Liquor states that such a breach will "almost invariably" breach standards A1 and A3, Mr Turner complained that the broadcast breached those standards.

TVNZ’s Response to the Formal Complaint – 13 September 1996

Assessing the complaint under the nominated standards, TVNZ began by explaining the circumstances of the shots:

At the conclusion of the first thrilling defence by Taranaki on its hold of the Ranfurly Shield, TVNZ was invited to briefly shoot the celebrations in the team’s dressing room where the shield had been taken. The captain was shown holding the Shield aloft in the briefest of shots. There was also a very brief interview of a leading player. This was a photo opportunity in a very emotional and crowded area with our news team being given only a few minutes access to the dressing room to capture the excitement and atmosphere.

TVNZ acknowledged that the signage appeared not to comply with the Voluntary Sports Code and suggested that Taranaki rugby might not be aware of the rule. As it had not been allowed in the dressing room before the game, TVNZ said that it was unaware of the signage before filming the shots screened. The players, it added, were "oblivious" of the signs in their elation. TVNZ maintained:

However, the shots which included the signage were so brief, particularly when compared to the relatively long news story item which was followed later in the bulletin by the sports report item, that we do not consider that any breach of Standard A1 occurred. The camera did not focus on the signage at any time and with the movement of the camera and the players it was difficult for viewers to actually read what the sign said.

Guideline 8 provides that Standard A3 is not intended to require the total exclusion of all incidental promotions when they are a normal feature of the situation being televised.

In declining to uphold the complaint, TVNZ also referred the Decision No: 95/94 when a similar complaint was not upheld given similar circumstances - ie where a complaint about screening liquor advertisements was not upheld as, first, the broadcaster focussed to the best of its ability on the speakers in a crowded after-match function, and secondly, the sign seen on that occasion was not a liquor advertisement.

GALA’s Referral to the Broadcasting Standards Authority – 16 September 1996

Dissatisfied with TVNZ’s decision, 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 pointed out that TVNZ acknowledged a breach of rule 1.5 of the Voluntary Sports Code but had given no assurance that it would take more care in future in reporting the aftermath of sporting events involving teams in receipt of liquor sponsorship. In summarising GALA’s concerns, Mr Turner wrote:

TVNZ admitted that an advertisement which was seen in the coverage was in breach of the Sports Assembly’s rules. It is unfortunate that GALA cannot bring an effective complaint against the brewery or the Taranaki rugby union about this advertising. The Sports Assembly also seems to be unable to prevent the occurrence of this kind of breach.

Our only avenue for making an effective complaint is through the broadcaster and then the Authority. We hope that the Authority will make a ruling that will go some way to preventing the continuing abuse of liquor sponsorship.

TVNZ’s Response to the Authority – 20 September 1996

In its report to the Authority, TVNZ wrote:

We have no hesitation in undertaking to endeavour in future to avoid screening any signs which could be in breach of Rule 1.5 of the Voluntary Sports Code.

It repeated its belief that the shots complained about were so brief that no breach occurred.

GALA’s Final Comment – 27 September 1996

In view of TVNZ’s response, GALA did not wish to comment further.