Lion Nathan Ltd and TV3 Network Services Ltd - 1995-161
Members
- J M Potter (Chair)
- L M Loates
- R McLeod
Dated
Complainant
- Lion Nathan Ltd
Number
1995-161
Programme
Inside New Zealand: "Booze Culture – Aspects of Drinking in New Zealand"ng in New Zealand"Broadcaster
TV3 Network Services LtdChannel/Station
TV3Standards Breached
Summary
"Booze Culture – Aspects of Drinking in New Zealand" was the title of the Inside
New Zealand documentary broadcast by TV3 at 8.30pm on 31 May 1995.
Lion Nathan Ltd complained to TV3 Network Services Ltd that the broadcast omitted
significant points of view and was unbalanced as it had focussed in a salacious way on
the negative aspects of alcohol abuse. The programme, it continued, encouraged that
kind of booze culture while ignoring both the changes in consumption practices and
the industry's socially responsible activities.
Maintaining that the item was not an in-depth review of alcohol use in New Zealand
but a broad picture which dealt with aspects of drinking, TV3 stated that it had
included the industry's promotion of moderate and responsible drinking. It declined
to uphold the complaint. Dissatisfied with TV3's decision, Lion Nathan referred the
complaint to the Broadcasting Standards Authority under s.8(1)(a) of the
Broadcasting Act 1989.
For the reasons below, the Authority upheld 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
has determined the complaint without a formal hearing.
"Booze Culture – Aspects of Drinking in New Zealand" was the title of the
programme broadcast by TV3 as one of the Inside New Zealand series. It touched on
a number of aspects of drinking behaviour but focussed on heavy drinking sprees by
young New Zealanders at such events as parties, sports functions, pub crawls and
New Years Eve gatherings.
On behalf of Lion Nathan, Owen Morgan complained to TV3 that the programme's
focus on alcohol abuse gave the impression that such behaviour was the norm.
Because of the programme's apparent fascination with alcohol abuse and its effects,
he continued, it was unbalanced and only minimal consideration was given to drinking
in moderation which was the practice of the majority. Moreover, the item had
incorrectly blamed the industry for the abuse shown rather than the former repressive
controls. Overall, he described the images portrayed as "sensational and exploitative"
which, in addition, could well suggest methods of abusive drinking to the young and
impressionable.
TV3 assessed the complaint under standard G20 of the Television Code of
Broadcasting Practice. It reads:
G20 No set formula can be advanced for the allocation of time to interested
parties on controversial issues. Broadcasters should aim to present all
significant sides in as fair a way as possible, and this can be done only by
judging every case on its merits.
TV3 emphasised, as noted in the item's title, that the programme was not an in-depth
study of drinking practices in New Zealand. Rather, it was designed to be a broad
picture of the historical development of the booze culture to explain the current
practices. The programme, it added, had included comments from a range of
perspectives to ensure that all significant views were presented fairly.
Explaining that the specific shots complained about were included to show the
pervasiveness of alcohol in society, TV3 said the impact of the law changes since
1960 were noted. Nevertheless, it argued, alcohol continued to be abused, especially
by young men in their twenties, and the programme had looked at the dangerous
practice of "binge drinking" by young adult males.
When he referred Lion's complaint to the Authority, Mr Morgan said that the
programme was not a "broad picture" as TV3 claimed. Rather, it had focussed on
"the negative, the salacious and the unpleasant". The broad picture would have dealt
with such matters as the decline in overall consumption, the trend towards moderation
and the consumption of alcohol with food. However, those matters were ignored and
the unbalanced perspective advanced opted for "old ideas and old myths".
The Authority began its assessment of the complaint by examining the programme
complained about. It noted, as highlighted by TV3, the extracts from the interviews
with representatives of Lion Nathan who referred to the changing drinking practices
which were associated with the law changes, and the company's current emphasis on
moderation and socially responsible activities such as sports sponsorship. It also
noted, as pointed out by Lion Nathan, the programme's focus on binge drinking, and
the repetitive shots of unruly intoxicated young adult males.
The Authority decided that the programme's focus, the "Booze Culture", was on the
public drinking practices of young adults, mostly male. They were shown consuming
alcohol at sports clubs, public bars, student pub crawls, parties and other social
gatherings and the programme portrayed the excessive alcohol consumption and levels
of intoxication often displayed in such situations. The Authority felt the behaviour
strongly epitomised the documentary's title. The programme in addition
acknowledged that family violence and motor vehicle accidents were major
consequences of alcohol abuse and emphasised that the victims in those circumstances
were not just the intoxicated individuals.
The way the programme was presented undeniably had an impact which tended to
reflect poorly on the liquor industry. The filming of intoxicated behaviour was
interspersed with comments from the industry and from social agencies dealing with
its adverse consequences. While the representatives of social agencies tended to have
their comments married to powerful supporting visuals, by contrast, the industry
spokespeople tended to be more philosophical and theoretical and their comments at
times appeared non-contextual. As a result, in the Authority's opinion, the item
carried the implication that the industry had distanced itself from the effects of alcohol
abuse. That view was reinforced by the failure of the item to invite direct responses
to the behaviour of the young people depicted.
The Authority noted nevertheless that an industry spokesman in one instance did
respond directly to criticism from a refuge worker about the industry's apparent
disregard for the abuse of alcohol when he reported that a rugby league star had been
hired for the recent Christmas period to speak to many groups about the dangers of
drinking and driving.
Notwithstanding this one example, the Authority understood Lion Nathan's
complaint that insufficient attention was given to the drinking practices of the
majority in the 1990s and that too much attention had been given to what it described
as the "salacious and unpleasant". The complainant's discontent was understandable
given that the programme had been explicitly introduced by the presenter as an "in-
depth documentary" looking at alcohol use in New Zealand and some of the
consequences of abuse. The Authority considered that this introduction implied a
balanced look at the varying uses of alcohol in modern New Zealand society. It also
considered that the introduction largely contradicted the title's sub-heading which
purported to narrow the coverage to "aspects" of alcohol use.
The Authority had some sympathy with the broadcaster's response that, contrary to
the complainant's argument, the programme had in fact touched on the change to
more civilised drinking practices and had reported the brewing industry's concern for
moderation.
The standard under which TV3 assessed the complaint, standard G20, requires that all
significant views on a controversial public issue be presented in as fair a way as
possible in the circumstances.
The Authority considered that, before it could deal with the issue of fairness, its initial
task was to determine the true subject of the documentary. The item's title and the
presenter's introduction introduced confusion. In view of the item's dominant focus
noted above, the Authority concluded that the principal theme was the public drinking
practices of young adults whose unrefined drinking habits constituted the "Booze
Culture" to which the title referred and which the broadcast portrayed.
However, the presenter's statement suggested something else, that the programme
was in fact an "in-depth study of alcohol consumption in New Zealand".
The Authority considered that this was a statement of the programme's intention as
well as its title and subtitle. The confusion between the item's title(s) and the
presenter's introduction was reiterated in the programme itself. What might have been
a powerful statement solely about the "Booze Culture" was leavened by interviews
with industry spokespeople who seemed to be addressing an "in-depth study of
alcohol consumption in New Zealand". In that context, their comments would have
been appropriate, but against footage of the "Booze Culture" they seemed evasive or
irrelevant. The result was that although inclusion of their comments might
theoretically have addressed the need for balance, their perspective on the most salient
theme of the programme – booze culture – was never elucidated. It is a fine distinction,
but an important one. In the Authority's view, it resulted in a lack of balance.
As to Lion Nathan's complaint that the programme focussed in a "salacious" way on
alcohol abuse, the Authority did not accept that this was the case. Commentary from
most interviewees had a strong condemnatory tone. While it had misgivings about the
depiction of abusive drinking methods, the Authority decided on balance, and in the
context, they were shown legitimately.
For the reasons given above, the Authority upholds the complaint that the
broadcast by TV3 Network Services Ltd of the "Booze Culture" programme on
31 May 1995, as one of the Inside New Zealand series, breached standard G20 of
The Television Code of Broadcasting Practice.
Having upheld a complaint, the Authority may make an order under s.13(1) of the
Broadcasting Act 1989. The Authority does not consider it appropriate to impose an
order on this occasion. It notes the efforts made by the broadcaster to present the
industry's point of view and the programme's socially responsible intention,
notwithstanding the Authority's decision that in this programme, the requirements of
standard G20 were not met.
Signed for and on behalf of the Authority
Judith Potter
Chairperson
19 December 1995
Appendix
Lion Nathan Ltd's Complaint to TV3 Network Services Ltd - 28 June 1995
On behalf of Lion Nathan Ltd, the Director of Corporate Affairs (Owen Morgan)
complained to TV3 Network Services Ltd about the Inside New Zealand programme,
"Booze Culture", broadcast at 8.30pm on 31 May 1995.
By way of introduction, Mr Morgan alleged that the broadcast breached the standard
which requires the presentation of all significant points of view. He commented:
"Booze Culture" was fascinated with the extremes of alcohol abuse, scenes of
which were repeated so frequently that impressionable viewers could have
regarded this extreme behaviour as normative. The programme completely
ignored the opportunity to set any example of moderate consumption. And, as
a result, it encouraged rather than discouraged the kind of booze culture it
displayed.
He complained under four headings.
In the first section, "Unrepresentative Selection of Shots", Mr Morgan referred to the
programme's fascination with the minority who abused alcohol which resulted in the
absence of the message of moderation - the practice of the majority.
Under the title "Lack of Balance", Mr Morgan maintained that the item was not an in-
depth analysis as claimed as:
... it glossed over many positive aspects of alcohol in favour of a fascination
with the negatives. The programme's focus was on gratuitous images of alcohol
abuse and its effects. We heard about domestic abuse, road accidents and
drunkenness. And we saw footage of university pub crawls and the aftermath
of alcohol-related violence.
Other than lip service, he continued, the item did not acknowledge the brewing
industry's role in promoting moderate and responsible drinking. He concluded on this
point:
A genuinely in-depth documentary would have addressed the industry's stance
through more than just a handful of interview edits.
The next section was headed "A Cliched Approach to Factors Behind Alcohol Abuse"
and, Mr Morgan argued, the item incorrectly blamed the industry for the abuse
disclosed. The worst excesses, Mr Morgan contended, were the result of repressive
controls such as 6.00pm closing. As a result of law changes, New Zealand's attitude
to drinking were becoming more sophisticated but this perspective was not included.
It was, he wrote, another example of the "shallow" approach adopted.
The final matter was called "Modelling of Abusive Drinking Behaviour". While
accepting that New Zealand youth abused alcohol, Mr Morgan said that the shots of
hoses and funnels were "sensational and exploitative". In addition:
It invited those who might have been disposed to this kind of drinking activity
to explore new excesses. It models a form of abusive drinking that the young
and impressionable might not be aware of and could, once seen on television,
readily adopt.
TV3's Response to the Formal Complaint - 23 August 1995
TV3 assessed the complaint under standard G20 of the Television Code of
Broadcasting Practice. It began by arguing that it was not possible in 44 minutes to
broadcast an in-depth documentary about every aspect of alcohol consumption in
New Zealand. That had been acknowledged in the item's introduction which had
referred to some of the consequences of abuse and the broadcast's full title which was
"Booze Culture - Aspects of Drinking in New Zealand". TV3 wrote:
The specific intention of the programme was to examine the culture of drinking
in this country - how that culture has developed historically and how it is
influenced today. Alcohol does indeed play a major role in our community, it is
present in almost every significant occasion. It is almost universally consumed,
and consumed in large quantities by more than a few. Its presence is seldom
questioned or considered remarkable and its over-consumption in certain
circumstances is widely tolerated and even encouraged. Consumption of alcohol
has certain consequences for everyone in our society. One could describe the
perspective of the documentary as being the wide-angle view, or broad picture,
rather than being a narrowly focused or macro study of a single aspect of alcohol
use in New Zealand.
The broadcast had included interviews with a number of representatives from Lion
Nathan and from interviews with some spokespeople for a variety of social agencies.
TV3 added:
The [Complaints] Committee believes this to be a fairly broad cast of characters
who between them represent a wide variety of views on alcohol use in New
Zealand. For the above reasons the Committee rejects suggestions that the
documentary failed "to present all significant sides in as fair a way as possible".
TV3 then presented 16 script excerpts from the programme which, it continued,
contained the industry's perspective on the causes of the problems and illustrated its
socially responsible responses. TV3 concluded on this point:
The Committee believes that these comments did cover the brewing industry's
promotion of moderate and responsible drinking.
As for the complaint about the "Unrepresentative Selection of Shots", TV3 denied
that the material was gratuitous and maintained:
The footage your complaint objects to being used went to the heart of the
documentary which was about the pervasiveness of alcohol in our society and
the consequences of that.
In response to the concerns that the broadcast adopted a cliched response, TV3 stated
that the item had looked at how attitudes were formed by the laws and noted that
there had been a lot of progress since the 1960s. Nevertheless, it argued, alcohol
continued to be abused, especially by young men in their twenties, and the programme
had looked at the dangerous practice of "binge drinking" by young males.
As for the complaint about the modelling of abusive drinking behaviour, TV3 declined
to uphold the complaint, maintaining that, as it was part of New Zealand's culture, it
was appropriate to show explicit footage of abusive alcohol consumption and its
consequences.
Lion Nathan's Complaint to the Broadcasting Standards Authority - 20
September 1995
Dissatisfied with TV3's decision, on Lion Nathan's behalf Mr Morgan referred the
complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting
Act 1989.
Mr Morgan observed that TV3 had claimed that the programme was a "broad picture"
of drinking in New Zealand but, he continued, it had glossed over many aspects of
drinking and had focussed on "the negative, the salacious and the unpleasant". He
contended that the programme gave the impression that drinking was a problem and
that there had been little focus on the more accurate picture which would show that
the consumption of alcohol was a positive element of social life for many.
Mr Morgan maintained:
A genuinely balanced "broad picture" of drinking in New Zealand would have
told a story that "Booze Culture" ignored. It is a story of a decline in overall
consumption, a proliferation of product and brand choices meeting demand from
increasingly sophisticated consumers, a trend towards moderation in drinking,
and a parallel trend towards enjoying alcoholic beverages with food.
Arguing that there were plenty of occasions where alcohol was used positively, Mr
Morgan concluded:
"Booze Culture" was not a "broad picture", it was not balanced and it has not
done justice to how most New Zealanders really drink. Instead, it opted for old
ideas and old myths, and it focused on the spectacular and the obvious.
TV3's Response to the Authority - 26 September 1995
TV3 advised the Authority that it did not wish to comment further.