Investigation Report No. 3245

File No. ACMA2014/0656

Licensee Foxtel Cable Television Pty Ltd

Station World Movies Channel

Type of Service Subscription Broadcasting Television

Name of Program Do Me Love

Date of Broadcast 9 May 2014

Decision Date 21 August 2014

Relevant Broadcasting Services Act 1992 Legislation/Code  Section 149

ASTRA Codes of Practice 2013 Subscription Broadcast Television  Clause 3.1 (Program Classification)

Investigation conclusion  No breach of clause 3.1 (Program Classifications) of the ASTRA Codes of Practice 2013 Subscription Broadcast Television

ACMA Investigation Report – Do Me Love broadcast by Foxtel on 9 May 2014 Error: Reference source not found

The complaint On 6 August 2014, the Australian Communications and Media Authority (the ACMA) received a written complaint about the film Do Me Love. The film was broadcast by Foxtel on its World Movies Channel at 1.55 pm on 9 May 2014. The complainant alleged that the film contained ‘X-rated pornography’ that was inappropriate to be broadcast on the World Movies Channel. The complainant emailed Foxtel regarding their concerns on 11 June 2014. The complainant received a response from Foxtel on 2 July 2014 and, not being satisfied with the response, subsequently referred the matter to the ACMA.

The program In its letter of 2 July 2014 to the complainant, Foxtel described Do Me Love as a French language film that: […] tells the story of a man who, at the age of 50, has lost all interest in sex with his wife. Suddenly he meets Juliette, a vibrant young woman who rekindles his desire. Despite violent arguments with his wife who uncovers his philandering, he keeps up his affair. The film was classified MA15+ by Foxtel as it contains strong sex scenes, nudity and themes.

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

Relevant provisions The ASTRA Codes of Practice 2013 Subscription Broadcast Television (the Code) contains the following provisions that are relevant to the matters raised by the complainant:

Section 3: Program Classification Code

Licensees will classify films […] applying the program classification system contained in the Guidelines for the Classification of Films (‘Guidelines’) which appear below.

3.1 Program Classifications

Licensees will apply relevant aspects of the Guidelines to all films, drama programs, documentaries and reality television programs.

Classification decisions are to give effect, as far as possible, to the following principles:

2 (a) adults should be able to read, hear and see what they want;

(b) minors should be protected from material likely to harm or disturb them;

(c) the need to take into account community concerns about:

(i) depictions that condone or incite violence, particularly sexual violence; and

(ii) the portrayal of persons in a demeaning manner.

Classification categories

MA15+ Mature Accompanied

Impact test

The impact of material classified MA15+ should be no higher than strong.

Note: Material classified MA15+ is considered unsuitable for persons under 15 years of age. It is a legally restricted category.

Classifiable elements

Sexual activity may be implied.

Complainant’s submissions After viewing the broadcast, the complainant made the following submission to Foxtel via email on 11 June 2014:

I am worried there are an increasing number of X-rated films being shown on the Foxtel World Movies channel 430 – some rated as MA. […] Once example was a movie at 1.55pm on Friday 9th May 2014, with an “MA” rating, called “Do Me Love”, showing explicit pornography. While one would like to enjoy movies from all around the world, it seem that such movies are well over the mark of an MA rating, and show at all hours of the day.

In correspondence to the ACMA, received 6 August 2014, the complainant stated:

I originally wrote a letter of complaint to Foxtel regarding the increasing number of X-rated movies on the World Movies Channel. […] I provided one example of such a film in the email. The reply that I received […] suggested that the pornographic scene was obscured by lighting and angle effects etc., however, such a statement tries to excuse quite flagrant and obvious X-rated pornography.

Enjoying movies from around the world should be possible without strong X-rated content and inappropriate sexual content.

ACMA Investigation Report – Do Me Love broadcast by Foxtel on 9 May 2014 3 Error: Reference source not found Licensee’s submissions In its letter of 2 July 2014 to the complainant, Foxtel submitted that:

The Film was classified MA15+ and a classification warning was provided at the commencement of the Film. In addition to the classification warning, consumer advice as provided which noted that the film contained strong sex scenes, nudity and themes.

Classification information is also provided in the Electronic Program Guide (‘EPG’) which is available to subscribers at any time before, or during, the program by pressing the ‘i’ button on the Foxtel remote control. The Film was classified MA15+ in the EPG. Classification information such as this is provided so that subscribers may make informed viewing decisions for both themselves and those in their care.

Films classified MA15+ are considered unsuitable for persons under 15 years of age and may contain strong sex scenes, nudity and themes.

Following the receipt of your email, Foxtel and World Movies reviewed the Film’s classification. The Film tells the story of a man who, at the age of 50, has lost all interest in sex with his wife. Suddenly he meets Juliette, a vibrant young woman who rekindles his desire. Despite violent arguments with his wife who uncovers his philandering, he keeps up his affair. The Film contains depictions of implied sexual activity in the context of a story chronicling a chaotic, troubled May/December relationship. Detail is obscured by camera angle, lighting and editing. The impact of the depictions is considered no higher than strong and therefore the Film can be accommodated within the MA15+ classification.

Finding The ACMA finds that the broadcast of Do Me Love by Foxtel Cable Television Pty Ltd on its World Movie Channel on 9 May 2014 at 1.55 pm did not breach clause 3.1 of the ASTRA Codes of Practice 2013 Subscription Broadcast Television.

Reasons The program classification provisions of the Code are intended to ensure that higher classified programs are broadcast with sufficient consumer advice to allow consumers to make informed decisions about viewing programs. Programs at the MA15+ classification can include strong treatment of thematic material, including depictions of implied sex, violence, nudity and drug use. Specifically, in regard to this investigation, the MA15+ provisions allow that strong depictions of sexual activity may be implied, but not explicitly depicted. Do Me Love contains a number of scenes that include depictions of implied sexual activity. As the complainant has not referenced specific scenes, the following scenes are noted as they contain the highest impact depictions of implied sexual activity:  At 00.09.40 minutes, a female is depicted sitting on top of a male, who appears to be seated on the edge of a dining table. A mid-shot is used to establish implied sexual activity. Both are in a varied state of undress – the female’s breasts are partially visible as are the male’s buttocks. Thrusting movements imply sexual activity. The next scene focuses on their torsos as they embrace. The male then lifts the female

4 and lies her on her back on the table, fully exposing her breasts. The scene ends with the male standing at the end of the table, thrusting towards the female. The scene is accompanied by sounds of the female moaning and breathing heavily.  At 00.12.10 minutes, a close-up depicts a male and female embracing as they lay face-to-face on grass. Both appear fully clothed. The shot moves to focus on the female’s leg, as it moves up and down. The female can be heard moaning and breathing heavily. The next scene briefly depicts the male with his hand between the female’s legs. The shot zooms in on the female’s genital region, however, the placement of the male’s hand means there is no genital detail visible.  At 00.18.10 minutes, a female is depicted leaning against a wall in a dark room as a male is kneeling in front of her. Both appear to be naked. The placement of the male’s head and the female’s moaning and heavy breathing imply sexual activity. The male’s head obscures the female’s genitals and no contact with the female’s genitals is visible.  At 00.24.10 minutes, a female is lying on top of a male on a bed in a darkened room. They both appear to be naked although the mid shot is focussed on their torsos. Their movements, and the female’s moans, imply sexual activity. While the female’s buttocks appear briefly in shot, there is no genital nudity. The scenes referenced above are consistent with other scenes in the film that depict implied sexual activity in that they lack explicit detail. While partial nudity is depicted, there is no depiction of genital nudity within scenes depicting implied sexual activity. The Code states that sexual activity may be implied. Editing techniques, lighting effects, and the choice of camera angles ensure that the sexual activity is implied, rather than explicitly depicted. Further, the scenes depicting implied sexual activity are contextually justified within a story about a married man engaging in extramarital affairs. The ACMA considers that the depictions of implied sexual activity within Do Me Love can be accommodated within the MA15+ classification. Furthermore, the provision of consumer advice, both at the beginning of broadcast, and via Foxtel’s Electronic Program Guide, provided consumers with sufficient information regarding the content of Do Me Love. The ACMA is satisfied that the broadcast complied with the MA15+ classification requirements of the Code.

ACMA Investigation Report – Do Me Love broadcast by Foxtel on 9 May 2014 5