ABC1 (ABQ) - ACMA Investigation Report 2966

Investigation Report No. 2966

ACMA file reference ACMA2013/231

Broadcaster Australian Broadcasting Corporation

Station ABQ (ABC1), Brisbane

Type of Service National Broadcasting Service (Television)

Name of Program The Pillars of the Earth

Date of Broadcast 9 December 2012

Relevant Broadcasting Services Act 1992 Legislation/Code  Section 151

ABC Code of Practice 2011  Standard 7.3.1 (Television Classifications M – Mature)

Investigation conclusion

 No breach of Standard 7.3.1 (Television Classification M - Mature) of the ABC Code of Practice 2011.

ACMA Investigation Report – The Pillars of the Earth broadcast by ABQ on 9 December 2012 1 The complaint On 14 February 2013, the Australian Communications and Media Authority (the ACMA) received a written complaint about an episode of the television series The Pillars of the Earth. The episode was broadcast by the Australian Broadcasting Corporation (ABC) on 9 December 2012 at 8.30 pm. The complaint alleged that the M classified program contained inappropriate depictions of violence and sex. Not satisfied with the response provided by the ABC, the complainant forwarded the matter to the ACMA for investigation.

The program The Pillars of the Earth is a medieval drama series, which is described on the ABC website as follows:

The Pillars of the Earth adapted from the Ken Follet novel, is a sweeping epic of good and evil, treachery and intrigue, violence and beauty. This is a four-part drama set in the 12th century against the backdrop of war, religious strife and power struggles which tear lives and families apart. The story revolves around the building of a cathedral in the fictional market town of Kingsbridge over 50 years.1

The ABC website also includes the following synopsis of Episode One of The Pillars of the Earth:

A white ship sinks under suspicious circumstances, drowning King Henry's sole heir. His nephew Stephen takes the throne, triggering a power struggle with Henry's daughter Maud and bastard son Gloucester and plunging England into anarchy. Aliena, daughter of the Earl of Shiring, rejects William Hamleigh's brutish proposal of marriage, sparking the young man's bitter fury. Visionary mason Tom Builder and his family search for work in the English winter and meet tragedy on the road. Meanwhile in Kingsbridge, the monastery's idealistic new prior Philip learns a dangerous secret and becomes obligated to ambitious, sinister cleric Waleran Bigod.2

Episode One of The Pillars of the Earth was broadcast by the ABC on 9 December 2012 at 8.30 pm with an M classification. The program was broadcast with on screen and verbal consumer advice which stated, ‘This program is rated M for a mature audience. It contains coarse language, sex scenes and violence’.

Assessment The assessment is based on a copy of the relevant broadcast provided to the ACMA by the ABC, and written submissions from the complainant and the ABC.

1 www.abc.net.au/tv/guide/abc1/201212/programs/ZX8770A001D2012-12-09T203318.htm [accessed 18 March 2013]

2 www.abc.net.au/tv/guide/abc1/201212/programs/ZX8770A001D2012-12-09T203318.htm [accessed 18 March 2013]

ACMA Investigation Report – The Pillars of the Earth broadcast by ABQ on 9 December 2012 2 Relevant Provisions The ABC Code of Practice 2011 (the Code) contains the following provisions that are relevant in the matter raised by the complainant:

V. Associated Standard: Television Program Classification [...]

Standards: 7.3.1 Television Classifications [...]

M - Mature (Recommended for people aged 15 years and over) M programs may be shown:  on weekdays that are school days, between noon and 3.00 pm; and  on any day of the week between 8.30 pm and 5.00 am.

The M category is recommended for people aged over 15 years. Programs classified M contain material that is considered to be potentially harmful or disturbing to those under 15 years. Depictions and references to classifiable elements may contain detail. While most themes may be dealt with, the degree of explicitness and intensity of treatment will determine what can be accommodated in the M category – the less explicit or less intense material will be included in the M classification and the more explicit or more intense material, especially violent material, will be included in the MA15+ classification.

Violence: Generally, depictions of violence should:

 not contain a lot of detail, and  not be prolonged. In realistic treatments, depictions of violence that contain detail should:  be infrequent, and  not have a strong impact, and  not be gratuitous. In stylised treatments, depictions of violence may contain more detail and be more frequent if this does not increase the impact.

Verbal and visual references to sexual violence may only be included if they are:  discreet and infrequent, and  strongly justified by the narrative or documentary content.

Sex: Sexual activity may be discreetly implied.

Nudity in a sexual context should not contain a lot of detail, or be prolonged.

Verbal references to sexual activity may be more detailed than depictions if this does not increase the impact.

ACMA Investigation Report – The Pillars of the Earth broadcast by ABQ on 9 December 2012 3 Complainant’s submissions In correspondence to the broadcaster, dated 10 December 2012, the complainant stated:

My complaint is mainly about the rating of "the Pillars of the Earth" miniseries first aired on ABC1 on 9/12/12 at 8.30pm. It was rated 'M', and I believe due to the high impact violence and nature of sex scenes, it should be rated 'MA'. [...] I believe that these episodes should be rated 'MA' for the following reasons :- * After about an hr into the episode, Percy Hamleigh's men invade Earl Bartholomew's castle, and his son, William Hamleigh, and his men kill at least 10 men in a graphic fashion, with depictions of blood (splatterings), and graphic violence * about an hr and 1/2 in, William Hamleigh and his henchman, Walter, go to the Earl of Bartholomew's castle and find Aliena, her brother, and a male protector. In this scene, Walter kills the protector, in a graphic fashion (actually looks like he is enjoying it). The main [point] of this scene depicts William raping Aliena (she doesn’t consent to this) [...] My main [point] is that I [...] believe that [an] M rated movie/mini-series should not contain a graphic rape scene [...] There were also 2 other reasonably graphic sex scenes that were in this movie [...] 1 of which about 45 mins into the episode between Percy Hamleigh and his wife, was restrained [and] implied, but I do not believe was really justifiable in the story context.

In correspondence to the ACMA, dated 14 February 2013, the complainant stated the following:

I am writing because I am not satisfied with the ABC’s response to my original complaint about the ‘M’ rating, the “Pillars of the Earth” was given.

I don’t think I have seen too many ‘M’ rated movies where sexual violence is depicted [and] ‘justified’. Why does the scene need to be there at all?

I also disagree with the definition of ‘stylised treatments’ of violence. Surely, blood spray during combat increases the ‘impact’ of the violence on audiences!

Broadcaster’s submissions In correspondence to the complainant, dated 9 January 2013, the broadcaster stated the following:

The classifications team have provided comments in response to the concerns raised in your complaint, and it is worth quoting these at some length:

At 48 minutes an advance band of men attack rival guards at a castle. Action includes an implied stabbing (below screen) an implied throat cut (offscreen) but with visible blood spray, another implied throat cut (obscured by the victim’s body) with visible blood spray, and other swordplay and action. Cutaways reveal scenes of castle life before the alarm is raised and further battles are depicted. These scenes are more prolonged but less detailed and convey a sense of panic and chaos before the castle is surrendered and the fighting stops.

M classification allows that ‘stylised treatments’ of violence may contain more detail and be more frequent if the impact is not increased. The medieval setting of The Pillars of the Earth, with ancient weaponry, stylises the action depicted. It historically ‘re-enacts’ the violence as drama. The detail of blood spray amid hand to hand battle is justified in this context. It is balanced by a treatment that mostly implies or obscures wounding, rather than features it, then rapidly moves on to convey the bloody chaos of such battle. This reduces the impact. There is no lingering focus on wounding.

ACMA Investigation Report – The Pillars of the Earth broadcast by ABQ on 9 December 2012 4 At 93 minutes William and his henchman attack two men, with an obscured sword attack to one while another is held down and implied (obscured) to have his ear cut off. William uses this threat of violence to subdue a female [Aliena], who he is implied to rape. Both remain clothed. William performs the act, and even references it verbally, as an act of conquest. This scene of sexual violence is discreetly implied, infrequent in a 105 minute drama, and strongly justified in the storyline.

The complaint also notes two sex scenes, which were included in the pre-program advisory. At 73 minutes a couple are discreetly implied to engage in sexual intercourse. The scene is dim lit by candlelight, often partially obscured by objects in the foreground, both the male and female remain partially clothed throughout and there is no detailed nudity.

At 80 minutes another couple are discreetly implied to engage in sexual intercourse. Both remain clothed and mostly obscured beneath bedclothes. The loveless and perfunctory nature of the activity with both participants scheming throughout about how to advance their interests at court is justified as character development.”

On review of the episode, and in consideration of the comments provided by the classifications team, Audience & Consumer Affairs are satisfied that this program was accommodated by its M classification. Violence in this episode was stylised by the historical context, and although we note your concerns about blood detail, we agree that the overall impact was reduced by the fact that the wounding was mostly implied or obscured, and the focus was on the fast-paced battle. The scene of implied sexual violence was discreet, infrequent and strongly justified by the narrative context, in which William exacts his revenge upon Aliena after she rejects him as a suitor. Sex scenes in the program were discreetly implied, and there was no detailed or prolonged nudity.

Finding The ACMA finds that the Australian Broadcasting Corporation did not breach Standard 7.3.1 (Television Classification M – Mature) of the ABC Code of Practice 2011, in relation to the broadcast of The Pillars of the Earth on 9 December 2012.

Reasons M – Violence The Code states that depictions of violence at the M classification should not contain a lot of detail or be prolonged. In realistic treatments, depictions of violence that contain detail should be infrequent, not have a strong impact and not be gratuitous. Verbal and visual references to sexual violence may only be included if they are discreet and infrequent, and strongly justified by the narrative context. The complaint references two scenes featuring violence, including one with sexual violence. In the first, at 48:20 minutes, the Earl’s castle is attacked resulting in a sword battle. The battle sequences are intercut with other scenes that include people eating, running, hiding and the King entertaining his courtiers. The editing serves to lessen the impact of the violence. Further, the battle scenes do not depict the impact of swords on flesh, as this is obscured by the camera angles or occurs out of frame. Even though there are brief depictions of blood spray, no wound detail is depicted. Impact is further mitigated by the editing, resulting in fast paced scenes with brief depictions of violence.

ACMA Investigation Report – The Pillars of the Earth broadcast by ABQ on 9 December 2012 5 At 01:34:00 minutes, there is another physical confrontation, resulting in a guard being stabbed in the stomach with a sword. The point of entry is obscured. The guard is briefly depicted against a wall with the sword protruding from his stomach. Some blood is visible on the sword, but there is no depiction of the wound. In the following scene, William throws Aliena onto a bed, tearing the top of her dress, revealing some cleavage. Both are clothed and no nudity is depicted. It is implied through thrusting movements that William is raping Aliena. Editing techniques, such as close up shots, which focus on the faces of William and Aliena, reduce the impact of the rape scene. While Aliena initially resists William, as the scene progresses her focus moves to concern for her brother, Richard. At 01:33:00 minutes, Richard is attacked. Although it is not explicitly depicted, it appears that his right ear is cut off. The attack is quick and the point of impact obscured by the camera angle. Richard is depicted afterwards with some blood visible on his right ear. Two further scenes of violence depict characters being stabbed. At 01:36:00 minutes, as Aliena and Richard escape the tower, Aliena stabs a guard with a dagger. The guard falls to the ground with the dagger protruding from his chest. The scene is darkly lit and no wound or blood detail is visible. It then appears that Richard kills the guard with his sword; however the action occurs off screen. At 01:40:00 minutes Ellen is held captive by the cleric Waleron. She frees herself and appears to stab him with a small knife before escaping. The point of entry is not depicted as it is obscured by the camera angle. Waleron pulls the knife from his chest and some blood is depicted on his hand. The depictions of violence are justified within the context of a medieval drama, which is set in a war torn period of English history in the 12th Century. This context is established at the beginning of the episode and referred to as ‘The Anarchy’. Violent scenes are infrequent, depicted on four occasions during a program one hour and 45 minutes in duration. The scenes are juxtaposed with a variety of other scenes and, given the nature of the genre, are not considered gratuitous. Violence is not prolonged and depictions lack detail. No wound detail is depicted and blood detail is limited. Most of the violence is obscured or occurs out of frame and does not exceed a strong impact. Sexual violence is infrequent, occurring once in the episode. The rape scene is discreetly presented and strongly justified by the narrative context. William’s desire for Aliena is established earlier in the episode; however Aliena declines his advances and publically embarrasses him. At 42:15 minutes further reference is made to William’s desire for Aliena. The scene is further contextualised by William and Aliena’s family being at war with one another. For the reasons above the depictions of violence and sexual violence in the program can be accommodated within the M classification. M - Sex The Code states that depictions of sexual activity may be discreetly implied and nudity in a sexual context should not contain a lot of detail, or be prolonged. Sexual activity is depicted on two occasions during the program:  At 01:13:00 minutes, it is implied that Tom and Ellen are engaged in sexual intercourse. The couple are predominately clothed, although very brief breast nudity is depicted. Sexual activity is implied through the thrusting of hips. The scene is brief and contains limited detail. The camera focuses on the faces and torsos of the characters and the scene is intercut with shots of Tom’s son pretending to sleep. Objects depicted in the foreground of the scene further mitigate impact and serve to obscure the implied sexual activity.

ACMA Investigation Report – The Pillars of the Earth broadcast by ABQ on 9 December 2012 6  At 01:20:00 minutes, Percy and his wife appear to engage in sexual intercourse. The scene is brief and contains very limited detail. The couple are both clothed and half covered under a bed sheet. Sex is implied through small hip movements. Editing techniques, such as close up shots on the faces of the characters, reduce the impact of the scene. Impact is further mitigated by the comical nature of the scene, as Percy and his wife talk about their ambitions and expectations of a noble title. Within the program, sexual activity is infrequent and discreetly implied through thrusting movements. The impact is further mitigated through editing techniques, such as close up shots on the faces of characters. Sexualised nudity is depicted once with very limited detail and is not prolonged. For the reasons above the depictions of sexual activity in the program can be accommodated within the M classification.

ACMA Investigation Report – The Pillars of the Earth broadcast by ABQ on 9 December 2012 7