BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Super Liquor Sportsnight is broadcast each Monday evening on TV One at 10.00pm for an hour.

On behalf of the Group Against Liquor Advertising (GALA), Mr Cliff Turner complained to Television New Zealand Ltd, the broadcaster, about the programme broadcast on 28 September 1998. He maintained that the number of times the Super Liquor logo was screened breached the broadcasting standards relating to the Promotion of Liquor.

Acknowledging that the use of the logos exceeded the criteria set out in the guidelines to the standards, TVNZ upheld the complaint. It had occurred, it continued, because of a misunderstanding of the standards by the programme makers, and now steps had been taken to ensure the guidelines were complied with.

Dissatisfied with the action taken by TVNZ when it upheld the complaint, 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 TVNZ’s action 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 TVNZ about the frequency with which the Super Liquor logo was screened during Super Liquor Sportsnight on 28 September. He alleged that it breached standard A1 of the Code for the Promotion of Liquor, which reads:

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

Mr Turner argued that the standard was breached in view of Guideline 2 which accompanies the standards. It 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.

TVNZ upheld the complaint. The breach, it wrote, arose because the programme makers had failed to realise that the standard applied, in addition to the name of a liquor product, to the name of a liquor retailer. Once that matter had been clarified, TVNZ reported, "immediate steps were taken to ensure that the use of the logo in subsequent broadcasts complied with the standards".

Describing TVNZ’s excuse as a "very lame one", Mr Turner referred the complaint to the Authority on the basis that the broadcaster’s action was insufficient.

The Authority’s recently released Annual Report for the year 1997-1998 records that only one complaint referring to the Code for the Promotion of Liquor was received during that period. However, this complaint is the third one received by the Authority in recent weeks which has referred to that Code.

While the Authority accepts that the action taken by TVNZ on this occasion – when the contravention was drawn to its attention – was prompt, appropriate and sufficient, it considers that it is important that the Code for the Promotion of Liquor is observed by broadcasters from the outset. If further breaches occur, the Authority advises that it will then need to consider the use of its powers to impose a penalty.

For the above reasons, the Authority declines to uphold the complaint that the action taken by Television New Zealand Ltd, when it upheld the complaint about Super Liquor Sportsnight, was insufficient.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
26 November 1998

Appendix

GALA’s Complaint to Television New Zealand Ltd – 29 September 1998

Mr Cliff Turner, Complaints Secretary for the Group Against Liquor Advertising (GALA), complained to Television New Zealand Ltd about the programme Super Liquor Sportsnight, broadcast on TV One at 10.00pm on Monday 28 September 1998.

Mr Turner pointed out that the Super Liquor logo appeared on the screen frequently and, as a result, exceeded the quota of 20 in a 60 minute programme accepted in the Guidelines to the Programme Code for the Promotion of Liquor. Moreover, he wrote, on occasions the logo was on screen for much longer than the duration of six seconds listed in the Guidelines.

Mr Turner complained that the broadcast breached standard A1 of the Code.

TVNZ’s Response to the Complaint – 8 October 1998

Assessing the complaint under the nominated standard, TVNZ said that after studying the Code and the definitions, it accepted that the guidelines had been exceeded. It upheld the complaint.

TVNZ gave the following explanation:

The excessive use of the logo arose from a genuine misunderstanding by the programme makers. As you will be aware, previous incidents which have led you to complain have concerned either a liquor brand name, or a liquor product. It was not realised by those assembling Super Liquor Sportsnight that the rule could also apply to the name of a retailer.

Having reviewed the definitions of "programme sponsorship credits" (for that is what these were) and "liquor advertiser" we agree with you that the code applies not only to the marketing of specific brands or products, but also to those who sell liquor – that is the retailers.

Upon receipt of your letter immediate steps were taken to ensure that the use of the logo in the following week’s programme complied with Guideline 2. Now that the inquiry into your complaint has been concluded and the complaint has been upheld, those changes will become permanent.

TVNZ concluded by thanking the complainant for bringing this matter to its attention.

GALA’s Referral to the Broadcasting Standards Authority – 9 October 1998

Dissatisfied with TVNZ’s actions upon upholding the complaint, 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 argued that a penalty should be imposed.

In support of his case, Mr Turner referred to some of the Authority’s earlier decisions (No: 151 – 155/93) which resulted in a ruling on which the Guideline was based. He considered that TVNZ’s explanation was "a very lame one", and said that someone should have understood the standards before the programme was broadcast.

TVNZ’s Report to the Authority – 16 October 1998

TVNZ advised that it had nothing further to add.