BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Buffy The Vampire Slayer was a television programme aimed at a teenage audience. It

contained elements of horror and was screened on TV4 at 7.30pm in the "PGR"

timeslot.

Andrew MacPherson complained to TV3 Network Services Ltd, the broadcaster, that

the programme broadcast on 7 July had included a violent scene in the opening

sequence which showed a person impaling a vampire with a stake. In Mr

MacPherson's opinion, the scene was likely to give impressionable young viewers

nightmares and accordingly the programme was inappropriate for broadcast at

7.30pm.

TV3 responded by pointing out that the episode in question had been edited to

remove all the realistic scenes of fighting and had thus complied with the criteria for a

PGR classified programme. In addition, it said, every programme of the series had

been preceded by a visual and verbal warning.

Dissatisfied with the broadcaster's response, Mr MacPherson referred his complaint

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

For the reasons below, the Authority declines to uphold the complaint.

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.

The programme Buffy The Vampire Slayer was broadcast by TV3 Network Services

Ltd on TV4 on 7 July 1997 at 7.30pm. The programme carried a PGR classification

and was preceded by a visual and verbal warning which stated that it contained scenes

that may scare younger viewers, and that parental guidance was advised.

Mr MacPherson complained to the broadcaster that violent scenes shown at the

beginning of the programme, including one which had shown a vampire being impaled

by a stake, had breached standards G12 and V16 of the Television Code. He believed

that 7.30pm was a time when impressionable younger children could still be up and

exposure to this sort of material, whether intentional or otherwise, was likely to give

them nightmares. Mr MacPherson maintained that the programme was unsuitable for

its timeslot and should have been screened after 9.00pm. He claimed that the warning

given at the start of the programme did not justify its screening in an inappropriate

timeslot.

TV3 advised Mr MacPherson that Buffy The Vampire Slayer was made specifically

for a teenage audience and, in its opinion, the programme had an appropriate PGR

classification and timeslot. The broadcaster explained to Mr MacPherson that a PGR

classification meant that the programme was more suited to an adult audience, but not

necessarily unsuitable for children if watched in the company of a supervising adult.

The warning at the beginning of the programme, TV3 stated, had been added by the

appraiser to advise parents or caregivers that there was a horror element to the

programme and that parental guidance may be needed for very small children. The

horror element, TV3 argued, would not have disturbed or alarmed its intended PGR

audience.

TV3 advised further that it had edited the programme so that all realistic scenes of

fighting had been removed. In its edited form, TV3 contended that the programme

contained no more conflict than any other typical PGR programme. Referring to the

scene near the beginning of the programme in which Buffy was shown slaying a

vampire with a branch of a tree, the broadcaster argued that given the scene's brevity

and unrealistic nature, it was acceptable in a PGR rated programme. The vampire

slaying scenes at the end of the programme, it continued, were sufficiently removed

from reality so as not to disturb or alarm children. In conclusion, TV3 espoused the

view that it was more palatable to smaller children if monsters were despatched at the

end of a programme so that they were of no further concern.

The Authority assesses the complaint about Buffy The Vampire Slayer under

standards G12 and V16 of the Television Code which had been nominated by the

complainant and considered by the broadcaster: The first requires the broadcaster:

G12  To be mindful of the effect any programme may have on children during

their normally accepted viewing times.

The other one states:

V16  Broadcasters must be mindful of the effect any programme, including

trailers, may have on children during their generally accepted viewing

periods, usually up to 8.30pm, and avoid screening material which could

unnecessarily disturb or alarm children.

The Authority accepts that Buffy The Vampire Slayer was designed for a teenage

audience. With regard to the standard G12 aspect of the complaint, it examined first

whether the programme had been correctly classified. PGR stands for "Parental

Guidance Recommended" and is defined in the Television Code as:

Programmes containing material more suited to adult audiences but not

necessarily unsuitable for child viewers when subject to the guidance of a

parent or adult.

Having viewed the programme, the Authority is of the opinion that TV3 was correct

in its assessment of the levels of horror and violence contained in the programme and

believe that the broadcaster had subsequently assigned to it the appropriate

classification. After classifying the programme PGR and scheduling it to screen at

7.30pm, the Authority believes that TV3 had then acted responsibly by broadcasting

a warning before the programme which advised parents and/or caregivers that the

programme contained scenes which may scare some younger viewers and that parental

guidance may be necessary. Taking these contextual matters into account, the

Authority concludes that TV3 had demonstrated that it was mindful of the effect the

programme may have on children during their normally accepted viewing times.

In respect of the standard V16 aspect of the complaint, the Authority looked at the

level of violence in the scenes which had occurred at the beginning of the programme.

The Authority accepts that TV3 acted responsibly in editing the programme and

agrees with the broadcaster that the scene specifically referred to by Mr MacPherson

was brief, and the nature of the violence portrayed was not sufficiently real as to

disturb or alarm the programme's target PGR audience. The Authority acknowledges

Mr MacPherson's point that some younger children could still have been watching

television at 7.30pm, but considers that the broadcaster had demonstrated that it was

mindful of this when it edited some of the more violent scenes and screened a warning

prior to the broadcast. The warning which advised parental guidance for younger

children had been designed to alert adult caregivers to the nature of the programme,

and the horror element contained within it which could possibly cause alarm. Taking

these factors into account, the Authority concludes that the broadcast did not breach

standard V16 of the Television Code.

For the above reasons, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
15 December 1997

Appendix

Andrew MacPherson's Complaint to TV3 Network Services Ltd - 26 July 1997

Andrew MacPherson complained to TV3 Network Services Ltd about an episode of

Buffy The Vampire Slayer screened on TV4 at 7.30pm on 7 July 1997.

The programme, Mr MacPherson wrote, was broadcast in an inappropriate timeslot

and had not been mindful of the effect it could have on young viewers. He added that

violent scenes which were likely to give young children nightmares had occurred in the

opening sequence just after 7.30pm and believed it was inevitable, given the time of

screening, that some young children would have been exposed to the programme.

In summary, Mr MacPherson said the programme was unsuitable for its timeslot

because it contained objectionable material inappropriate for younger viewers. He

added that the warning at the start of the programme had been an inadequate

substitute for a more suitable timeslot and suggested that a later screening time,

preferably after 9:00pm, would have been far more appropriate.

TV3 Network Service Limited's Response to the Complainant - 27 August 1997

TV3 advised Mr MacPherson that his complaint had been considered under standard

G12 and V16 of the Television Code of Broadcasting Practice and that it had declined

to uphold the complaint that the broadcast had not been mindful of the effect the

programme might have on child viewers.

In explanation TV3 stated that the programme was rated PGR to indicate its intended

teenage audience and that parental guidance was recommended for younger viewers. It

also stated that the programme had been preceded by a warning which advised viewers

of the programme's horror element, and that it had been edited by an appraiser to

remove all realistic violence.

Andrew MacPherson's Referral to the Broadcasting Standards Authority - 7

September 1997

Dissatisfied with TV3's decision, Mr MacPherson referred his complaint to the

Authority under s.8(1)(a) of the Broadcasting Act 1989 stating that his formal

complaint to TV3 had set out the details of his complaint including the relevant

standards he believed had been breached.

TV3's Response to the Referral - 10 October 1997

TV3 responded to the Authority stating that it had no further comment to make as

Mr MacPherson had not raised any new issues in his referral of the complaint to the

Authority.

Andrew MacPherson's Final Comment to the Authority - 31 October 1997

By telephone, Mr MacPherson advised that he stood by his original comments and

had nothing further to add.