BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

At a news conference, All Black coach John Hart announced that Michael Jones had not been selected for the All Black team to travel to South Africa for the Tri-Series. That announcement was the lead news item broadcast on Nightline at about 10.15pm on 5 August 1998. An edited version of the item, which featured the selection of Norm Berryman, was used later in the programme.

On behalf of the Group Against Liquor Advertising (GALA), Mr Cliff Turner complained to TV3 Network Services Ltd that as the announcement had been made in front of a large promotion for Steinlager Beer, the broadcasts breached the standards relating to the Promotion of Liquor.

Explaining that the item had only used a wide angle shot to show Mr Hart entering the conference, and had referred in an ironical way to an image of Michael Jones which clearly appeared on the poster, TV3 maintained that liquor promotion had been minimised.

Dissatisfied with TV3’s decision, on GALA’s behalf, Mr Turner referred the complaint to the Broadcasting Standards Authority under s8(1)(a) of the Broadcasting Act 1989.

For the reasons below, the Authority upholds one aspect of the complaint.

Decision

The members of the Authority have viewed the items 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 two news items broadcast on Nightline which referred to the selection of the All Black team to travel to South Africa.

The first item dealt mainly with the announcement that Michael Jones had not been selected for the team. It included the All Black coach (John Hart) making the announcement at a press conference in front of a large promotion for Steinlager beer which featured, as the item pointed out, a picture of Michael Jones.

The second item relating to the team focused on the selection of Norm Berryman and began with the All Black coach, accompanied by the team captain, walking into the press conference and sitting down in front of the Steinlager beer poster.

Mr Turner complained that both items breached standards A1 and A3 of the Code for the Promotion of Liquor. They 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.

In support of his contention that the standards had been contravened, Mr Turner referred to some other documents which are attached to the Code for the Promotion of Liquor. The first reference was to Rule 2(b) of the Voluntary Sports Code for Liquor Advertising and Promotion on Television, issued by the New Zealand Sports Assembly. It provides:

2. Identifiable Heroes and Heroines of the Young

To ensure the athletes identified by the young as heroes and heroines are not used to advertise or promote alcohol products, national sports organisations shall adopt the following measures as far as is practicable.

…

(b) Strongly discourage participation in the setting up of interviews/promotions where liquor promotion is a contrived part of the occasion.

Mr Turner then drew attention to Rule 3.2 of the Compliance Addendum. The Addendum begins:

The purpose of this Compliance Addendum to the Voluntary Sports Code (VSC) is to manage compliance with and implementation of the VSC to accord with the intentions of the Broadcasting Standards Authority Standards for the Promotion of Liquor on Radio and Television.

Pursuant to Rule 3.2, broadcasters shall:

3.2 Discourage athletes, coaches or administrators from appearing in contrived on-camera liquor promotions at match venues, in a studio situation or at a news conference.

Finally, Mr Turner referred to Guideline 8 of the Programme Standards, which records:

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.

In its response to the complaint, TV3 explained that it was impractical to insist that the conference be shifted as its staff had been only two of the 40 media personnel present. It also reported that it was standard journalistic practice to record an interview by starting with a wide-angle shot.

TV3 commented that the first item, which was the lead story on Nightline, dealt mainly with the decision to drop Michael Jones. The reporter, it added, made use of the backdrop – which included the Steinlager material – to accentuate the irony of the situation when the voice-over stated:

When John Hart announced his squad for South Africa, Jones was right behind him – but only on a wall poster.

As for the second item, TV3 said it consisted of eight seconds of John Hart walking in, and two seconds of Mr Hart and others in front of the Steinlager sponsorship backdrop before the camera zoomed in. This shot, it commented, was used to set up a quick "soundbite" with Mr Hart.

When he referred GALA’s complaint to the Authority, Mr Turner observed that the voice-over had drawn attention to the wall poster. He also maintained that the sports body and the liquor company had ignored Rule 2.5, and TV3 had disregarded Rule 3.2.

In its report to the Authority, TV3 argued that it had made every effort to comply with Rule 3.2, but it was necessary to acknowledge the difficulties that television news organisations faced in this regard.

In its determination of this complaint, the Authority considers each item separately. While it also takes into account the provisions in the Voluntary Sports Code and Compliance Addendum, it records explicitly that its ruling relates solely to standards A1 and A3 of the Programme Code for the Promotion of Liquor. While it accepts that the other matters referred to may assist in the deliberations, it is the standards with which a broadcaster must comply, and pursuant to which the Authority determines complaints.

From the outset, the Authority does not see any material in the broadcast which threatens the saturation provision in standard A1. Accordingly, the complaint under that standard is not upheld.

Turning to the lead item which listed the players who had been dropped from the team to travel to South Africa, and which dealt mainly with Michael Jones, the Authority does not consider that standard A3 was contravened. Indeed, it accepts TV3’s argument that the reference to Michael Jones in the poster was contextually appropriate given the irony that he was no longer in the team.

The second item began with eight seconds of film of John Hart, accompanied by the All Black captain, walking into the press conference. TV3 said that this was included to "set up a quick ‘soundbite’ with Mr Hart".

The material referred to by Mr Turner, and which is attached to the Programme Code for the Promotion of Liquor, raises a concern about press conferences which are contrived in some way to enable the promotion of liquor to take place. The Authority is also aware of the point made by TV3 that while a broadcaster "makes every effort to police the Code", complainants "must appreciate the difficulties television news organisations face in this regard".

Taking these points into account, the Authority concludes that the length of the shot of John Hart walking into the conference, in front of the Steinlager promotion which had been added to the background, did not minimise the promotion of liquor as required by standard A3. Accordingly, the Authority upholds that aspect of the complaint.

For the above reasons, the Authority upholds the complaint that the broadcast of Nightline by TV3 Network Services Ltd on 5 August 1998 breached standard A3 of the Programme Code for the Promotion of Liquor.

Having upheld a complaint, the Authority impose an order under s13(1) or s16(4) of the Broadcasting Act 1989.

It does not intend to impose an order on this occasion as, first, the broadcast complained about does not necessarily indicate a trend, and secondly, only one aspect of the complaint was upheld.

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

Cliff Turner for the Group Against Liquor Advertising (GALA) complained to TV3 Network Services Ltd about an item broadcast on Nightline at about 10.15pm on 5 August 1998.

Mr John Hart, the current All Black coach, Mr Turner wrote, was shown in front of a large promotion for Steinlager Beer. Accordingly, Mr Turner believed, the broadcast amounted to a breach of standards A1 and A3 of the Programme Code for the Promotion of Liquor.

Mr Turner also referred to the New Zealand Sports Assembly’s Voluntary Sports Code for Liquor Advertising and Promotion on Television, to the Compliance Addendum of the Voluntary Sports Code, and the Guidelines in the programme standards.

Clause 2(b) of the Voluntary Sports Codes, Mr Turner noted, strongly discouraged participation by sportspeople in interviews in which liquor promotion was a contrived part of the occasion. Clause 3(b) of the Addendum, he continued, discouraged sports administrators from appearing in contrived on-camera liquor promotions, while Guideline 8 of the Standards stated that a breach of the Voluntary Sports Code or the Compliance Addendum would "almost invariably" be a breach of programme standards.

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

Assessing the complaint under the nominated standards, TV3 explained:

The first item, which was the lead story on Nightline, dealt with the decision by the All Black coach John Hart to drop Michael Jones from the team to go to South Africa. It also briefly mentioned that two other players – Walter Little and Mark Carter, had also been dropped. The story consisted of voiceover material shot at a news conference at which Mr Hart made the announcement, file material of Michael Jones and the other players on the field and interviews with Mr Hart and Michael Jones. The video package was one minute and fourteen seconds long and the shot which is the subject of your complaint had a duration of six seconds. It showed Mr Hart walking into the news conference and taking a seat in front of the Steinlager sponsorship backdrop.

The second item was screened later in Nightline and dealt with new additions to the All Black line-up, particularly Northland’s Norman Berryman. Again it showed scenes at the All Black press conference (eight seconds of John Hart walking in, and two seconds of Mr Hart and others in front of the Steinlager sponsorship backdrop before the camera zoomed in). Other material consisted of a vision of Berryman playing and the other players on the field, as well as interviews with Mr Hart and Norman Berryman. Mr Hart was interviewed in front of the Steinlager sponsorship backdrop but the background was blurred and the word Steinlager did not appear in the shot. The item was one minute and twenty five seconds in length.

Pointing out that it would have been impractical to have the conference shifted as TV3 was represented by only two of the 40 media personnel present, and that it was standard journalistic practice to record an interview by starting with a wide angle shot of the subject, TV3 said it was ironic that Michael Jones, who featured in the poster, was no longer a member of the team.

TV3 considered that the shots used were appropriate for the occasion, and that care had been taken while editing not to linger on the promotion. As it did not believe that the standards had been breached, TV3 declined to uphold the complaint.

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

Dissatisfied with TV3’s decision, on GALA’s behalf, Mr Turner referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Mr Turner said that the same press conferences had been covered by TV1, and he considered that Television New Zealand Ltd had been much more successful in reducing exposure of the Steinlager promotional material.

In addition, he wrote:

TV3 did not only give more exposure to the wall poster than did TV1, it also drew attention to the poster by a voice-over.

In response to TV3’s point that the conference was set up by All Black management, Mr Turner said that the rugby body and the liquor company had paid no heed to Rules 1.4 and 2.5, and that TV3 had had disregarded Rule 3.2.

TV3’s Report to the Authority – 25 September 1998

TV3 made the following points in its report.

First, the coverage on TV One was irrelevant as the issue was how it was treated by TV3. Secondly, in regard to the voice over which had drawn attention to the poster, TV3 considered that this was particularly relevant as Mr Hart had just announced that Michael Jones would not be going to South Africa,

Thirdly, TV3 disputed Gala’s claim that it had disregarded Rule 3.2. It had made every effort to comply, it wrote, but it was necessary to acknowledge the difficulties that television news organisations faced in this regard.

GALA’s Final Comment – 30 September 1998

On GALA’s behalf, Mr Turner responded to the three points made by TV3.

First, Mr Turner maintained that the coverage by TVNZ was relevant as it showed the efforts by one broadcaster to minimise the incidental promotion of alcohol. Secondly, Mr Turner observed that the standards imposed constraints on journalistic freedom. He had no comment in response to TV3’s final point.