BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

[This summary does not form part of the decision.]

The Authority has not upheld a complaint about the promo for Rambo Last Blood which was broadcast during the movie Despicable Me 3. The promo did not breach the children’s interests or violence standards as it was consistent with the PG-V classification for Despicable Me 3. The promo did not contain unduly disturbing or explicit violence.

Not Upheld: Children’s Interests, Violence

The broadcast

[1]  A promo for Rambo Last Blood was broadcast during the screening of Despicable Me 3 at 7pm on Three on 17 June 2021. The promo opened with the line ‘I have lived in a world of death’, showing a man in the rain, then the words ‘THEY DREW FIRST BLOOD’ appearing on-screen. Sylvester Stallone’s character, Rambo, was shown surrounded by men with guns pointed at him. The words ‘BUT RAMBO WILL DRAW LAST’ appeared on-screen while the voiceover said ‘I want them to know that death is coming’, and Rambo was shown firing a bow and arrow. Rambo then said ‘I’m gonna hurt you real bad’, followed by a montage including a car exploding, guns being fired, a grenade landing on the ground, men running and several explosions.

The complaint

[2]  Wendy Sullivan-Brown complained it was inappropriate to show this promo during Despicable Me 3, raising the children’s interests and violence standards:

• ‘The scenes included use of guns, bombing and general violence.’
• ‘…these violent scenes should not be advertised during family viewing time. I believe such scenes are disturbing for children and are desensitising them to violence.’
• ‘If a programme is rated M, it should not be advertised during [a] programme that is rated G or PG.’
• ‘Children should not be exposed to such images when their viewing is supposed to be PG-V or G rated. This is only one example of violent programme advertising during PG-V or G…The violent programmes that are advertised are mostly 'M' rated. With violence and bullying becoming more prevalent in today’s society, exposing children to such violent images during the TV viewing is not [in their interests].’

The broadcaster’s response

[3]  Discovery NZ Ltd (Discovery) did not uphold the complaint for the following reasons:

• ‘Despicable Me 3 was classified PG-V because it contained material that may not have been suitable for young children. The classification symbol PG-V and description “This programme is PG (Parental Guidance) and may contain violence” was shown at the start of the Programme and PG-V was shown after each commercial break'
• ‘…all promos are carefully assessed by our classification team to ensure they comply with the classification of the host programme’.
• ‘Although the movie Rambo: Last Blood is classified 16, the promo did not contain any graphic or unduly detailed footage that would warrant an M classification.  The brief shots of violence in the promo were edited to minimise their impact’.
• ‘…the content in the promo [was] presented in a way that ensured it was not unacceptably disturbing in its context (during a PG-V classified programme) and we find that the Broadcast met the standard for violence.  As mentioned above, they did not include graphic or unduly detailed violent footage.’

[4]  Discovery also commented, ‘Although we have not upheld your complaint, we have communicated your concerns to our promos department, including the promo schedulers. We have requested that they schedule more family friendly promos during movies like Despicable Me 3 in the future.  Thank you for bringing this to our attention.’

The standards

[5]  The children’s interests standard¹ requires broadcasters to ensure children are protected from broadcasts which might adversely affect them. Material likely to be considered under this standard includes violent content or themes, offensive language, social or domestic friction, and dangerous, antisocial or illegal behaviour where such material is outside the expectations of the programme’s classification.²

[6]  The purpose of the violence standard³ is to protect audiences from unduly disturbing violent content. Broadcasters should exercise care and discretion when portraying violence, and an audience advisory should be used where appropriate.⁴ 

Our analysis

[7]  We have watched the broadcast and read the correspondence listed in the Appendix.

[8]  The right to freedom of expression is an important right in a democracy and it is our starting point when considering complaints. We weigh the right to freedom of expression against the harm that may have potentially been caused by the broadcast. We may only intervene when the limitation on the right to freedom of expression is reasonable and justified, in light of actual or potential harm caused.

[9]  The children’s interests standard requires promos for programmes to comply with the classification of the programme during which they screen. Extra care should be taken in scheduling promos in programmes specifically aimed at child viewers so that the themes and material shown in the promo is not inappropriate for child viewers.⁵

[10]  Despicable Me 3 is rated PG – Parental Guidance, with an audience advisory ‘V’ for Violence. This means parental guidance is recommended for younger viewers, and the programme contains violence. It includes programmes containing material more suited for mature audiences but not necessarily unsuitable for child viewers when subject to the guidance of a parent or an adult.⁶

[11]  The question for us is whether the promo for Rambo First Blood was consistent with the PG-V classification of Despicable Me 3. We found it was, taking into account the following factors:

• The promo was 30 seconds long.
• From the start of the promo it was clear it was featuring ‘darker’ content.
• The promo was for a well-known franchise, Rambo, and is clearly depicting a fictionalised world, rather than being a realistic or frightening portrayal of violence.
• It did not contain psychological elements, nor was it targeted at children.
• Some aspects of the violence, such as the grenade, were implied rather than explicit, and this was unlikely to be understood by child viewers.
• The PG rating of Despicable Me 3 means the programme was not suitable for children to watch unsupervised, and the V audience advisory alerts viewers to the likelihood of violent content.

[12]  We also used the above factors to consider whether the broadcaster exercised appropriate care and discretion with the inclusion of violent content within the promo. We found the content was unlikely to incite or encourage violence or brutality, and we are satisfied the broadcast was unlikely to cause harm at a level requiring regulatory intervention. The PG classification means broadcasters can expect parents or caregivers to be supervising children viewing such content. The promo for Rambo Last Blood was brief and would not unduly disturb supervised child viewers.

For the above reasons the Authority does not uphold the complaint.
Signed for and on behalf of the Authority

Susie Staley
Acting Chair
27 October 2021    

Appendix

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

1  Wendy Sullivan-Brown’s complaint to Discovery – 19 July 2021

2  Discovery’s decision on the complaint – 12 August 2021

3  Ms Sullivan-Brown’s referral to the Authority – 31 August 2021

4  Discovery’s confirmation of no further comments – 13 September 2021

¹ Standard 3 of the Free-to-Air Television Code of Broadcasting Practice
² Guideline 3b
³ Standard 4 of the Free-to-Air Television Code of Broadcasting Practice
⁴ Guideline 4c
⁵ Guideline 3i
⁶ Definitions, Broadcasting Standards in New Zealand Codebook, page 9