BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Complaint
Yadoh Ki Barrat – broadcast in Tamil on Wellington Access Radio included a message promoting a beer and wine shop

Findings
No standard applicable – decline to determine – s.11(b)

This headnote does not form part of the Decision

Summary

[1] Yadoh Ki Barrat is a programme broadcast in Tamil on Access Radio in Wellington between 8.30–9.30pm. The programme broadcast on Sunday 26 October 2003 included a message encouraging listeners to buy products from a named wine and beer shop.

[2] Vijaykumar Patel complained to Wellington Access Radio that the broadcast breached the standards restricting the promotion of liquor. When the broadcaster failed to respond, he referred the complaint to the Broadcasting Standards Authority under s.8(1)(b) of the Broadcasting Act 1989.

[3] In a later response, Wellington Access Radio advised that it did not allow advertising for liquor or cigarettes and that the advertisement had been removed from the programme .

For the reasons below, the Authority declines to determine the complaint in all the circumstances.

Decision

[4] The members have read the correspondence listed in the Appendix. The broadcaster supplied the Authority with a copy of the programme complained about. However, as it is in Tamil and there is no disagreement between the complainant and the broadcaster on the relevant facts, the members have not listened to it. The members have determined the complaint without a formal hearing.

Programme

[5] The programme Yadoh Ki Barrat is broadcast regularly in Tamil on Access Radio in Wellington. The programme broadcast between 8.30–9.30pm on 26 October 2003 included, at about 9.15pm, an advertisement for a named wine and beer store.

Complaint

[6] Vijaykumar Patel complained to Access Radio that the broadcast breached the standards relating to the restrictions on the promotion of liquor. When Access Radio failed to respond to the complaint, Mr Patel referred it to the Broadcasting Standards Authority.

Broadcaster's Response to the Authority

[7] The broadcaster recalled speaking to Mr Patel on the telephone but a formal response to the complaint had been overlooked given the changes in personnel and premises at the time. It advised that it had now reminded its programme makers that its internal policy did not allow any advertising of liquor or cigarettes.

Authority's Determination

[8] The Authority has published a Programme Code on the Promotion of Liquor which restricts the incidental promotion of liquor. The Code for Advertising Liquor, issued by the Advertising Standards Authority (ASA), imposes controls on the advertising of liquor. At the time of the broadcast complained about, that Code allowed liquor advertisements to be broadcast after 9.00pm.

[9] While the Authority does not have a translation of the comment complained about, both the complainant and the broadcaster refer to it as a liquor advertisement. Moreover, the complaint focused on the broadcast of the commercial message, and not on whether the message itself contravened the standards. Accordingly, as the comment made during the broadcast was an advertisement, rather than one which referred incidentally to liquor in the course of the programme. The Authority concludes that it does not have the jurisdiction to determine the complaint. Further, from the brief information available it is not apparent how the advertisement would have breached the ASA's Code.

[10] The Authority is of the view that the broadcast nevertheless appears to have contravened Wellington Access Radio's internal policy, and that it has been dealt with appropriately. In these circumstances, the Authority declines to determine the complaint.

For the reasons above, the Authority in all the circumstances declines to determine the complaint pursuant to s.11(b) of the Broadcasting Act 1989.

Signed for and on behalf of the Authority

Joanne Morris
Chair
26 February 2004

Appendix

The following correspondence was received and considered by the Authority when it determined this complaint:

1. Vijaykumar Patel's Complaint to Wellington Access Radio – 27 October 2003

2. Mr Patel's Referral to the Broadcasting Standards Authority – 2 December 2003

4. Wellington Access Radio's Response to the Authority – 4 December 2003