Clode and Sky Network Television Ltd - 1997-150
Members
- S R Maling (Chair)
- J Withers
- R McLeod
- L M Loates
Dated
Complainant
- Graeme Clode
Number
1997-150
Programme
Promos for three R18 filmsBroadcaster
Sky Network Television LtdChannel/Station
Sky TelevisionStandards
Summary
Promos for three R18 films were screened on Sky Network Television just before
8.30pm on 27 September 1997 during a break between two Disney features.
Mr Clode complained to Sky Network Television Ltd, the broadcaster, that it was
inappropriate to screen promos for adult films during programmes which were aimed
specifically at children, and furthermore that the promos were unsuitable for broadcast
at the time of day.
In its response, Sky maintained that it was entitled to run promos at any time of the
day as long as they did not contain excessive violence. It noted that it endeavoured to
play promos for adult films as close to the 8.30pm movie as possible.
Dissatisfied with that response, Mr Clode referred the complaint to the Broadcasting
Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.
For the reasons given below, the Authority declines to uphold the complaint.
Decision
The members of the Authority have viewed the promos complained about and have
read the correspondence (summarised in the Appendix). On this occasion, the
Authority determines the complaint without a formal hearing.
Three R18 films were previewed in promos broadcast at 8.26pm on Sky Network
Television on 27 September 1997, the first Saturday of the school holidays. The
previewed films, scheduled for broadcast at 8.30pm on the days immediately
following, were Sudden Death, Seven and Desperado.
Mr Clode complained that it was inappropriate for the R18 promotions to be
broadcast during a series of Disney features which were aimed at a family audience.
The evening's line up, he pointed out, included Heavyweights at 6.30pm, followed by
The Making of George of the Jungle at 8.00pm and Operation Dumbo Drop at
8.30pm. During the broadcast of The Making of George of the Jungle, a competition
was announced for which the prize was a family trip to Fiji. In order to qualify,
viewers had to watch two consecutive films, and it was between these that the
promos for the three R18 films were shown. In Mr Clode's view, it was unacceptable
that, having captured a family audience with the competition, Sky then broadcast R18
material to that family audience.
In its initial response, Sky asserted that it was entitled to run programme promotions
at any time provided that they did not contain excessive violence. It advised that
there were no R18 promos broadcast prior to 8.26pm.
When Mr Clode referred the complaint to the Authority, he expressed dissatisfaction
that Sky had failed to acknowledge his concern that it was inappropriate to show R18
material during a package of films intended for family viewing.
Responding to the Authority, Sky clarified its position. It advised that the station
break prior to the 8.30pm movie was where the 8.30pm films for the upcoming week
were promoted. On this occasion, the promotions featured R18 films which were
scheduled for the next three nights. However, Sky maintained, it was particularly
mindful of the Code of Broadcasting Practice when making promos for AO film titles.
It advised that it had complied with standard G22 of the Free-to-Air Television Code
of Broadcasting Practice. That standard reads:
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.
The promos, Sky continued, were made with the utmost care, and the emphasis was
placed on the stars and story, as opposed to the content. It maintained that it was
most unusual that there would be three R18 movies showing on consecutive nights. In
conclusion, it advised that it would continue to exercise discretion with respect to the
placement of its promos and ensure that their content was suitable for general
placement.
The question of placement of promos for R18 movies is a matter on which the
Authority has made recommendations in its Review of the Pay Television Code of
Broadcasting Practice released in October 1997. The Authority has recommended
that promos for R18 movies be broadcast only after 8.30pm, regardless of whether the
content complies with the earlier time zone. It reasoned that since the content of R18
movies is unsuitable for children, they should not be advertised during young
children's viewing times. That recommendation will be the subject of consultation
with broadcasters.
Turning to the present complaint, the Authority decides that although the promos
were broadcast during what was clearly a general family viewing time, the content was
not such that it breached any of the existing standards in the Codes of Practice. It
notes that Sky applied standard G22 of the Free-to-Air Television Code when it dealt
with the complaint, since there is no comparable standard in the Pay Television Code.
The Authority commends Sky for taking the initiative in that regard. The absence of
an applicable standard with respect to promos points to another anomaly in the Pay
Television Code of Practice, which the Authority has made recommendations on in its
Review. Those recommendations aim to produce greater clarity both for broadcasters
and for viewers by aligning the Pay and Free-to-Air Codes of Practice. However, on
the basis of the existing standards, the Authority finds no breach.
For the reasons set forth above, the Authority declines to uphold the complaint.
Signed for and on behalf of the Authority
Sam Maling
Chairperson
20 November 1997
Appendix
Graeme Clode's Complaint to Sky Network Television Ltd - 28 September
1997
Mr Clode of Dunedin complained to Sky Network Television Ltd that on 27
September 1997, the first weekend of the school holidays, promos for restricted films
were shown during a break between family movies. He noted that the HBO channel
screened three consecutive Disney movies: Heavyweights at 6.30pm, The Making of
George of the Jungle at 8.05pm, and Operation Dumbo Drop at 8.30pm. He added:
George of the Jungle even had a 'hook' to keep viewers watching: the chance
to win a trip to Fiji if you named the elephant in Operation Dumbo Drop.
You needed to watch that film to find out the answer.
Mr Clode complained that in the break before Operation Dumbo Drop started, Sky
screened promos for three R18 films - Sudden Death, Seven and Desperado. In his
view, screening promos for R18 films during a line-up of family films breached two
standards in the approved code of broadcasting practice, one relating to the protection
of children, and the other relating to classifications and appropriate time bands.
Sky's Response to the Formal Complaint - 1 October 1997
Sky responded that no R18 promos were screened before 8.26pm. At that time, three
promos were run, two at 8.27pm and one at 8.28pm.
Sky asserted:
SKY Television is entitled to run rated promotions at any time of the day as
long as they do not contain excessive violence. In this regard, while trying to
remain a responsible broadcaster, SKY does endeavour to play rated
promotions as close to the 8.30pm movie as possible.
Sky also noted that a Parental Control card was available at no cost to all subscribers
who wished to block R18 programming.
Mr Clode's Referral to the Broadcasting Standards Authority - 4 October 1997
Dissatisfied with Sky's response, Mr Clode referred the complaint to the
Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.
In his view, Sky had failed to acknowledge his concern about running R18 promos
between two films intended and packaged for a family audience.
He wrote:
That Sky may show R18 trailers whenever it likes is at odds with cinemas
who, as I understand it, are required by law not to show R18 material before a
children's film. Television goes directly into the home.
Sky's Response to the Authority - 13 October 1997
Sky confirmed that the three promos in question were played in a cluster at the time
Mr Clode noted. It explained that its 8.30pm Saturday night movie was always a
dedicated comedy slot, and the films at that time ranged from PGs and M rated titles
through to the occasional R16. Sky described the break prior to the 8.30pm movie as
a standard station break, and noted that it is where it promoted the 8.30pm films for
the following week. On this occasion, the films for the following three evenings were
all R18 titles.
Sky advised that it was mindful of the Code of Practice when making promos for AO
films, and that the promos had been made to ensure that the emphasis was placed on
the stars and story as opposed to any questionable content. It considered they were
comparable in tone to similar promos on free-to-air television. It added:
Nevertheless, it is incredibly rare that three big 8.30pm movies in a row would
have such high censorship ratings (although one title Seven was upgraded from
its original NZ theatrical release).
Sky assured the Authority that it would continue to exercise discretion upon
placement of such promos, and ensure that their content was fit for general
promotional placement.
Mr Clode's Final Comment - 16 October 1997
Mr Clode emphasised that the promos were shown on the first Saturday evening of
the school holidays, and noted that Sky ran a competition that night for a family trip
to Fiji. In order to qualify, viewers had to watch two Disney features. Between these
features, promos for three R18 films were shown.
Mr Clode considered it was unacceptable that Sky, having captured a family audience
by promoting a competition, then broadcast R18 material to the same family audience.