BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

An AO classified promo for the AO classified programme Sex/Life was broadcast by

TV3 during the screening of the G rated film Sister Act II which began at 8.30pm on

Sunday 18 August 1996.

Mr Holding complained to TV3 Network Services Limited that the particular promo

was totally unsuited to a G audience. He considered that an AO classified promo

should not be broadcast during the screening of a G classified programme.

TV3 advised that 8.30pm was the designated Adults Only watershed after which

broadcasters could screen AO classified programmes and promos. It said that Sister

Act II was not promoted as a "family" film and was played in a recognised AO time

band. While accepting that the promo contained material of a mature nature, TV3

noted that the material in question was broadcast at 9.44pm, and did not contain any

material that was not acceptable in AO classified time. It declined to uphold the

complaint.

Dissatisfied with TV3's decision Mr Holding referred the complaint to the

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

For the reasons below, the Authority upholds the complaint.

Decision

The members of the Authority have viewed the promo 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 G rated film Sister Act II was broadcast at 8.30pm on Sunday 18 August. This is

a time at which AO classified programmes may be screened. During the film, at

9.44pm, an AO promo for the programme Sex/Life, was broadcast.

Mr Holding complained to TV3 Network Services Ltd that the promo was totally

unsuited to a G audience. He was concerned as a parent that his child, who had stayed

up especially to watch the G classified film, had the opportunity to view sexually

explicit material in the AO classified promo.

The complaint was assessed by TV3 under standards G22, G23, and G24 of the

Television Code of Broadcasting Practice which provide in relation to programme

trailers and promotions:

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.

G23 Discretion should be used in the placement of AO classified

promotions screened during PGR programmes which are broadcast in

AO time bands. If the PGR programme is one that is aimed at the

family audience, and it commences at or continues transmission

beyond 8.30pm, then it should carry only PGR classified promos.

PGR programmes screening during daytime weekday AO time bands and

those which commence at 9.00pm or after may carry AO promotions.

G24 Broadcasters must be mindful that scenes containing incidents of

violence or other explicit material may be acceptable when seen in the

total context of a programme, but when extracted for promotion

purposes such incidents will be seen out of context and may thereby be

unacceptable, not only in terms of the codes but also for the time

band during which the trailer is placed.

In relation to standard G22, TV3 explained that 8.30pm was the designated Adults

Only watershed after which broadcasters could screen AO classified programmes and

promos.

In relation to standard G23, TV3 advised that Sister Act II had never been promoted as

a family film, and in fact played in a time slot which was well recognised as containing

AO classified films targetting an adult audience.

It was argued by TV3 that standard G24 was not breached as the classification for the

promo was not inconsistent with the time band in which it was broadcast, and it was

broadcast at the actual time of 9.44pm. While the promos contained material of a

mature nature, it conveyed the character of the programme Sex/Life. TV3 declined to

uphold the complaint.

Upon referral to the Authority, Mr Holding's view was that standard G23 had been

breached by TV3. He believed that Sister Act II was promoted as a G classified film

and that by definition G classified films were family films. Mr Holding referred

explicitly to the reference in standard G23 to PGR classified films and asked the

question: if the standard required that a PGR classified programme screened beyond

8.30pm carry only PGR classified promos then how much more should this be

enforced in the case of a G classified film?

The Authority, noting that standard G23 refers only to PGR classified films, finds Mr

Holding's view persuasive. It considers that a common sense approach needs to be

taken in this particular case.

An AO classified promo was shown during a G classified film which was screened in a

AO time band. The evident intention of standard G23 is to give discretion to the

broadcaster as to the appropriate times for screening AO promos, while recognising

that there are times when it is necessary to prevent the broadcasting of such material,

even though the time of the broadcast of the promo falls within the AO time band.

It is the Authority's view that it was inappropriate for TV3 to have broadcast this

particular promo during the screening of Sister Act II. While Sister Act II may not have

been expressly advertised as a family film, the G classification indicates that it was

suitable for family viewing. The Authority considers that the public is entitled to rely

upon this as an indication of the type of material that will be screened, and

furthermore, is entitled to assume that sexually explicit material will not be shown by

way of a promo in the commercial break, even when the film is screened at 8.30pm. It

upholds the complaint as a breach of standard G23.

For the above reasons, the Authority upholds the complaint that the broadcast

at 9.44pm of an AO classified promo for the programme Sex/Life by TV3

Network Services Ltd, during the screening of the G classifed film Sister Act II

beginning at 8.30pm on Sunday 18 August 1996, breached standard G23 of the

Television Code of Broadcasting Practice.

Having upheld the complaint, the Authority may make an order under s. 13(1) of the

Broadcasting Act 1989. It does not intend to do so because of the lack of clarity in

standard G23 as written at present.

Signed for and on behalf of the Authority

Judith Potter
Chairperson
17 December 1996

Appendix

Mr Holding's Complaint to TV3 Network Services Ltd - 19 August 1996

Geoff Holding of Gore complained to TV3 Network Services Ltd about the promo, for

the AO classified Sex/Life programme, broadcast at 9.44pm on 18 August 1996 during

the screening of the G classified film Sister Act II.

Mr Holding considered the promo unsuitable for viewing by his child who had been

allowed to stay up after 8.30pm to see the G classified film. He believed that if a G

classified film was screened, then an AO classified promo should not have been

shown.

TV3's Response to the Formal Complaint - 18 September 1996

Assessing the complaint under standards G22, G23 and G24 of the Television Code of

Broadcasting Practice, TV3 explained that 8.30pm was the designated Adults Only

watershed after which broadcasters could screen AO classified programmes and

promos. Accordingly, it declined to uphold the complaint under standard G22.

In relation to standard G23, TV3 advised that Sister Act II was never promoted as a

family film and, in fact, played in a time slot that was well recognised as containing

AO classified films targeting an adult audience due to their themes. It was of the view

that standard G23 had not been breached.

As for standard G24, TV3 noted that the promotion at issue was classified as AO and

played at 9.44pm. While the promo did contain material of a mature nature, it did

convey the character of the programme Sex/Life and did not carry any material that

was not acceptable in AO classified time. Accordingly, TV3 declined to uphold the

complaint under standard G24.

Mr Holding's Referral to the Broadcasting Standards Authority - 17 October

1996

Dissatisfied with TV3's decision declining to uphold his complaint, Mr Holding

referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the

Broadcasting Act 1989.

Responding to the points made in TV3's letter to him, Mr Holding stated that Sister

Act II was promoted by TV3 as a G classified film and that, by definition, G classified

films were family films. Mr Holding referred to standard G23 and made the point that

programmes aimed at the family and "which begin or continue beyond 8.30pm" should

not carry AO promos. He said that if the standard required that a PGR classified

programme screened beyond 8.30pm should carry only PGR classified promos, then

such a requirement should also be enforced in the case of a G classified film.

In conclusion, Mr Holding pointed to the need to clarify standard G23 and stated:

When a programme is advertised as "G", even though it may begin or continue

beyond 8.30pm (which includes 9.44pm) then it must be expected that some

children will watch it. After all G, PGR and AO ratings were given to guide

parents as to the suitability of programmes for children.

TV3's Response to the Authority - 15 November 1996

TV3 had no further comment to make on the complaint.