BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A verbal and visual reference to a stag party, where 80 men paid $50 per head so that

they could drink and eat as much as they liked and watch an all-girl jelly-wrestling floor

show, was included in the programme Weddings broadcast on TV2 at 9:00pm on 17

December 1996. The series dealt with the activities of some couples leading up to their

weddings.

GALA's Complaints Secretary, Mr Cliff Turner, complained to Television New

Zealand Ltd that the references to the stag party both encouraged the immoderate

consumption of alcohol and did not minimise the incidental promotion of liquor.

Acknowledging that the incidental promotion of liquor had not been minimised, TVNZ

upheld that aspect of the complaint. It reported that the programme makers in Australia

would be reminded of the standards in New Zealand. It did not accept that the

programme encouraged the immoderate consumption of liquor.

Dissatisfied with the extent of TVNZ's action on the aspect of the upheld, on GALA's

behalf Mr Turner referred the complaint to the Broadcasting Standards 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). As is its practice, the Authority

determines the complaint without a formal hearing.

The programme Weddings, made in Australia, looked at the activities of some couples

as they prepared for their respective marriages. It was reported that a "stag" (or in

Australia, a "buck") party was held for one of the grooms for which 80 men paid $50

per head so that they could drink and eat as much as they liked, and watch an all-girl

jelly-wrestling floor show. The pictures of the party included in the programme

showed large quantities of beer cans. It was broadcast on TV2 at 9.00pm on 17

December 1996.

GALA's Complaints Secretary, Cliff Turner, complained to TVNZ that the broadcast

breached standards A3 and A5 of the Television Code of Broadcasting Practice. They

read:

A3  Broadcasters will ensure that the incidental promotion of liquor is

minimised.

A5  Broadcasters – including announcers, programme hosts and commentators –

will not make ad lib comments which refer directly or indirectly to the

use or consumption of liquor in any way prohibited by the Advertising

Standards Authority's Code for Advertising Liquor.

Because of the shots showing large numbers of beer cans bearing labels available in

New Zealand, TVNZ accepted that it had not minimised the incidental promotion of

liquor. It upheld the complaint that the broadcast breached standard A3. It declined to

uphold the alleged contravention of standard A5. On the aspect upheld, TVNZ

reported:

The programme is, of course, made in Australia and TVNZ has no say in the

manner in which it is produced. As a consequence of your complaint, TVNZ will

approach the programme makers and remind them of the statutory obligations of

broadcasters in this country. The matter has also been discussed among the

programme appraisers, and the direct consequence has been that another sequence

from the Weddings series has been trimmed to minimise the promotion of liquor.

Dissatisfied with the extent of the action taken, Mr Turner on GALA's behalf referred

the complaint to the Authority. He considered that TVNZ has not exercised appropriate

editorial control.

As the programme explored different approaches to a wedding in Australia, the

Authority considers that the reference to the "stag" party, and to the activities there,

were appropriate. It also agrees with TVNZ, however, that the focus on the large

quantities of beer cans did not comply with standard A3.

GALA argued that a penalty should be imposed as a means to remind TVNZ to take

more care. The Authority does not agree that this is necessary. This is the first

occasion that such a programme has been found to be in breach of the standards relating

to the promotion of liquor and, in these circumstances, the Authority considers that

TVNZ's actions in response – in particular reminding the programme makers in

Australia of the standards in this country – to be appropriate.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
13 February 1997

Appendix

GALA's Complaint to Television New Zealand Ltd - 18 December 1996

Cliff Turner, Complaints Secretary for the Group Against Liquor Advertising,

complained to Television New Zealand Ltd about an aspect of the programme

Weddings broadcast on TV2 at 9.00pm on 17 December 1996.

Mr Turner wrote about the item's reference to a stag party where, it was reported, the

best man had arranged for 80 men to pay $50 per head so that they could drink and eat

as much as they could, and watch an all-girl jelly-wrestling floor show. Referring to

rule 1(j) of the ASA Code for Advertising Liquor, Mr Turner argued that the item

breached standard A5 of the BSA's Television Code.

Mr Turner maintained, in addition, that there was a breach of standard A3 of the

Television Code on the basis:

It was not necessary to show the large number of beer cans. The men had paid to

drink and eat but there were no shots of food being prepared. If the story could

be told without showing food it follows that the story could have been told

without showing cans of beer.

TVNZ's Response to the Formal Complaint - 24 December 1996

Assessing the complaint under programme standards A3 and A5, and referring to rule

(j) of the Advertising Code, TVNZ stated that the item was a factual report of the stag

night portrayed. As it did not encourage the immoderate consumption of alcohol,

TVNZ did not accept that standard A5 had been contravened.

However, as there were shots showing large numbers of beer cans bearing labels freely

available in New Zealand, TVNZ conceded that the item had not minimised the

incidental promotion of liquor.

Thanking Mr Turner for drawing the matter to its attention, TVNZ recorded:

The programme is, of course, made in Australia and TVNZ has no say in the

manner in which it is produced. As a consequence of your complaint, TVNZ will

approach the programme makers and remind them of the statutory obligations of

broadcasters in this country. The matter has also been discussed among the

programme appraisers, and the direct consequence has been that another sequence

from the Weddings series has been trimmed to minimise the promotion of liquor.

GALA's Complaint to the Broadcasting Standards Authority - 31

December 1996

Dissatisfied with the extent of the action taken, Mr Turner on GALA's behalf referred

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

Broadcasting Act 1989. The standard A5 aspect, he wrote, was not referred.

Mr Turner recorded the following reason for the referral:

Once again TVNZ has failed to exercise editorial control. This was not a news

broadcast and presumably staff responsible for adherence to the Programme

Standards would have had ample opportunity to appraise the programme.

He argued that the imposition of a penalty by the Authority might ensure more care on

TVNZ's part in the future.

TVNZ's Response to the Authority - 14 January 1997

After noting some confusion about the standards referred to in GALA's

correspondence, TVNZ contended:

Briefly, and in reference to Mr Turner's reason for dissatisfaction, we simply

note that in instances like this one, interpretation of the standard is not a clear cut

matter - you cannot just count the beer cans. The item clearly needed to

acknowledge that liquor was present, and in large quantities. At what point the

standard was breached is a subjective matter and on this occasion TVNZ's

Complaints Committee, with the benefit of hindsight, concluded on balance that

the sequence should have been modified before broadcast. There should be no

adverse reflection on the work of the appraisers who handle more than nine-and-

a-half thousand programmes a year - and make hundreds of excisions to comply

with programme standards.

GALA's Final Comment - 21 January 1997

On GALA's behalf, Mr Turner explained that the referral to the Authority was

concerned solely with the standard A3 aspect of the complaint.