Investigation Report 2918

File No. ACMA2012/1533

Licensee Harbour Radio Pty Ltd

Station 2GB

Type of Service Commercial Radio

Name of Program The Chris Smith Afternoon Show

Date of Broadcast 1 June 2012

Relevant Code Clauses 1.1(e) and 1.3(a) of the Commercial Radio Australia Codes of Practice 2011 Date Finalised 12 April 2013

Decision No breach of clause 1.1(e) (hatred, contempt or ridicule on grounds of nationality) No breach of clause 1.3(a) (standards of decency)

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 The complaint On 18 September 2012, the Australian Communications and Media Authority (the ACMA) received an unresolved written complaint about a segment of the program Afternoons with Chris Smith broadcast on 1 June 2012 by Harbour Radio Pty Ltd, the licensee of 2GB Sydney. The complainant considers the segment was ‘highly offensive and contravenes community standards’. The complaint was referred to the ACMA for investigation1 and has been assessed in accordance with clauses 1.3(a) [generally accepted standards of decency] and 1.1(e) [proscribed matter] of the Commercial Radio Australia Codes of Practice 2011.

The program The Chris Smith Afternoon Show is a commercial radio talk-back, current affairs program presented by Chris Smith. The program is broadcast on weekdays between 12:00 pm and 3:00 pm on 2GB. On 1 June 2012, the presenter interviewed the author of a book entitled, ‘Sex in the Olympics – Condomania’. The relevant broadcast comprised, primarily, an interview with the author and a call received subsequent to the interview. A transcript of the relevant segment is set out at Attachment A.

Assessment The assessment is based on a recording of the broadcast provided to the ACMA by the licensee, together with submissions provided by the complainant and the licensee. Other sources are identified where relevant.

Ordinary, reasonable listener In assessing content against the Codes, the ACMA considers the meaning conveyed by the relevant material. This is assessed according to the understanding of an ‘ordinary, reasonable listener’. Australian courts have considered an ‘ordinary, reasonable reader’ (listener or viewer) to be:

A person of fair average intelligence, who is neither perverse, nor morbid or suspicious of mind, nor avid for scandal. That person does not live in an ivory tower, but can and does read between the lines in the light of that person’s general knowledge and experience of worldly affairs.2

The ACMA asks what the ‘ordinary, reasonable listener’ would have understood this program to have conveyed. It considers the natural, ordinary meaning of the language, context, tenor, tone and inferences that may be drawn. Once this test has been applied to ascertain the meaning of the broadcast material, it is for the ACMA to determine whether the material has breached the Codes.

1 Section 148 and 149 of the Broadcasting Services Act 1992 set out the ACMA’s role in relation to complaints under the Codes of Practice. 2 Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 at 164-167 (references omitted).

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 2 Issue 1: Generally Accepted Standards of Decency Relevant provision

Program Content and Language, including Sex and Sexual Behaviour

1.3 (a) Program content must not offend generally accepted standards of decency (for example, through the use of unjustified language), having regard to the demographic characteristics of the audience of the relevant program.

1.3 (b) For the purposes of determining:

(i) the audience of the relevant program; and

(ii) the demographic characteristics of that audience,

Regard must be had, in particular, to the results of any official ratings surveys of the licensee’s service in the prior 12 months, (or, in the case of any licensee service operating in regional areas, the most recent official ratings surveys for the licensee’s service).

Complainant’s submissions The complainant submitted:

[The] section dealing with condoms and Ugandan athletes was highly offensive and contravened community standards.

Licensee’s submissions The licensee submitted:

The Segment is approximately 10 minutes in duration. The subject matter of the Segment is an interview by the presenter of the Program, Mr Chris Smith, with the author of the then presently released book titled Sex and the Olympics: Condomania, former Canberra Times sports journalist Mr James Buckley.

In the Segment, the presenter and Mr Buckley discuss the following:

 the sexually charged environment of the Olympic Games;

 the norms and practices of post-competition celebrations;

 sex before competition;

 the IOC’s stance on sex in the Olympic Games; and

 safe sex policies and practices

[The complainant] complained that the Segment is offensive and contravenes community standards. The Codes do not prohibit the broadcast of offensive material or material that contravenes community standards.

... 2GB’s audience is predominantly 40+ in age, with a particular predominance in 55+. Demographically, 2GB’s audience is not a young audience – but compromises more mature and experienced listeners. We do not consider that the references to condoms or to sex in

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 3 the Segment would offend generally accepted standards of decency having regard to the maturity and experience of that demographic.

In the ACMA’s most recent decision concerning the application of Coded 1.3 to a broadcast by 2GB (Investigation Report 2674 and 2717 – available on the ACMA’s website), the ACMA made the following observations (on page 11):

The term ‘generally accepted standards of decency’ refers to the current consensus of recognised present day standards of propriety as opposed, for example, to content that is generally considered indecent or coarse.

The ACMA considers that the average person recognises that standards of decency are not fixed, either over time or across all sections of the community. In particular, he or she may accept that some material he or she considers indecent would not be so judged by other sections of the community.

In the context of that Investigation, the ACMA concluded (on page 12) that 2GB had not breached Code 1.3 having the regard to the following factors:

 the comments the subject of that Investigation do not include indecent or coarse language in the sense contemplated by the Codes; and

 the references are not the type or of a level that could be said to breach the Codes.

Similarly, we do not consider that references to condoms and to sex contained in the Segment include indecent or [coarse] language, or that the references are of a type or of a level that could be said to breach the Codes.

The references to condoms and to sex are presented in a light-hearted way, often with a humorous tone or innuendo. However, the context of those references – being a published book that explores this otherwise hidden aspect of the Olympic Games – is neither course [sic] nor indecent. We note that the published description of that book is as follows:

Sex & the Olympics: Condomania explores the importance of the condom and uncovers its controversial journey en route to becoming an Olympic tradition. It looks at just how many condoms are distributed and reveals which Games suffered a critical shortage in rubber contraceptives. It examines opposition to the provision of condoms at the Olympics and delves into the vital role each condom plays in the fight against the spread of sexually transmitted infections in the Olympic village, particularly the potentially lethal HIV/AIDS virus. This lovingly illustrated book profiles the critical role of the condom at the Olympics, for without it, the Games and the athletes simply could not perform.

In our view, the broadcast by 2GB of the Segment (including the various references to condoms and to sex) does not offend generally accepted standards of decency in Australia having regard both the maturity and experience of 2GB’s audience.

The licensee provided ratings survey results for the year ‘approximately ending on the date of broadcast on 1 June 2012’. The licensee submitted that the audience of the Chris Smith Afternoon Show the following demographic characteristics:

1. A mild male skew in the audience profile

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 4 2. The audience is predominantly middle to senior in age – more than 80% of the audience is 40 years in age or more

3. Nearly 50% of the audience is of 65 years in age or more – the 65+ demographic range is the predominant demographic range

Finding The licensee did not breach clause 1.3(a) of the Codes for the broadcast of the Chris Smith Afternoon Show on 1 June 2012.

Reasons Generally accepted standards of decency Clause 1.3(a) requires the ACMA to consider the meaning of the phrase ‘generally accepted standards of decency’. The objects of the Broadcasting Services Act 1992 (the BSA) include the promotion of the availability of a diverse range of radio services to audiences throughout Australia3. Another object is to encourage providers of broadcasting services to respect community standards in the provision of program material. Diverse audiences in Australia will not have everyday tastes and standards in common. Members of the community may accept that some material that they find coarse or offensive would not be similarly judged by others. People tend to accept, up to a point, the right of others to have such material broadcast during programs to which they listen. The ACMA considers that the term ‘generally accepted standards of decency’ refers to the current consensus of recognised present day standards of propriety. Such standards are not hard and fast either over time or across all sections of the community. Previously, where the ACMA has found breaches of the decency provisions of the code it has had regard to a number of matters including: > the subject matter or themes dealt with: for example, care needs to be taken with material that is sexually explicit or extremely sensitive4; > the tenor or tone of the broadcast: for example, was it light-hearted or threatening; matter-of-fact or salacious5; > the language used in the broadcast: for example, was it abusive, profane, vulgar or lewd6; and > the attitudes conveyed: for example, did it display a contemptuous disregard for human life or suffering?7. Demographic characteristics of the audience of the relevant program Clause 1.3(a) of the Codes requires the ACMA to have regard (though not sole regard) to the demographic characteristics of the audience of the relevant program.

3 See section 3(1)(a) of the BSA 4 Refer, for example, ABA Investigation 1270, and ACMA Investigations 1628 and 2266. 5 Refer, for example, ACMA Investigation 2751. 6 Refer, for example, ACMA Investigations 1628 and 1717. 7 Refer, for example, ABA Investigation 1270 and ACMA Investigation 2598.

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 5 One of the relevant characteristics of the audience would be the likely expectations of the audience. The ACMA considers that the likely audience for the program would be familiar with the presentation style of the program. Assessment The ACMA has assessed broadcast material as provided by the licensee. The segment primarily explored the topic of the book including research results on ‘what goes on behind the scenes’ in terms of sex at the Olympic village. In the context of the discussion about the sexual culture of the Olympics the segment also included discussion of: > two categories of participants in sexual activity – abstainers and non-abstainers; > a promiscuity index ranking countries in order of promiscuity; > a point system, based on the type of medal won by the athlete; > an example of an athlete who had certain ‘rules’ about sex before competition; > ‘groupies’ flocking the village; > the image and reputation of the Olympic village.

At the conclusion of the segment, one listener telephoned to query, in jest, whether if dressed as a Sumo wrestler, the girls would come after him. And subsequently, following a commercial break, the presenter stated:

CS: [name of listener] has reminded me, on that same subject (about sex in the Olympic village) that at the Sydney 2000 games, the Ugandan athletes, complained to officials. They complained that the condoms they were issued with, were too small. What skites! The term ‘skite’ is defined by the Macquarie English Dictionary (Online) as ‘a boaster’ or ‘a braggart’. While the topic may have been offensive to the complainant personally the ACMA finds that the content broadcast did not offend against generally accepted standards of decency. In coming to this decision, the ACMA makes the following observations: > The reference to Ugandan athletes was made in the context of a discussion in which athletes of a range of nationalities were referred to; > The topic being discussed (the topic of the book to be launched) was a legitimate study on the culture of sex in the Olympic village; > Any references to sex or sexual conduct by the presenter and interviewee were either factual and statistical, or otherwise jocular and light-hearted in tone. For example, in discussing the ‘promiscuity index’ on which England ranks number 1, JB stated:

JB: ...So, this year, statistically, if you’re going to the London Olympic games 2012, ah, it’s probably the best chance you’ve ever had to go over there and find yourself an athlete. Or, even just another like minded sports fan, who’s, you know, flocked to London.

And, with respect to the IOC’s reserved views about sex in the Olympic village:

CS: And it’s still a case of ‘Let the Games Begin’ hey?

JB: Let the games begin mate, on and off the field.

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 6 > The comments of the listeners, about the Sumo wrestlers and the Ugandan athletes, were jovial and light-hearted in nature; Although the segment dealt with the topic of sex, and included some innuendo, it was not sexually explicit and did not use offensive or profane language. The segment took a light hearted approach to the subject matter and it did not display contemptuous or extreme attitudes to Olympic athletes in general or any person or group. The ACMA is satisfied that the segment did not contain content that was of the type that offends against standards of decency in the sense contemplated by the Codes. Accordingly, the licensee did not breach clause 1.3(a) of the Codes in relation to the broadcast of The Chris Smith Afternoon Show on 1 June 2012.

Issue 2: Proscribed matter Having reviewed the broadcast and in light of the complainant’s reference to ‘Ugandan athletes’, the ACMA has identified clause 1.1(e) of the Codes as being of potential relevance. Pursuant to section 170 of the Broadcasting Services Act 1992, the ACMA has also examined whether or not the contents of the segment could amount to a breach of clause 1.1(e) of the Codes. Relevant provision

1.1(e): A licensee must not broadcast a program which in all of the circumstances is likely to incite hatred against, or serious contempt for, or severe ridicule of, any person or group of persons because of ... nationality

The ACMA adopts the general approach set out at Attachment B when assessing whether a licensee has breached clause 1.1(e) of the Codes.

Finding The licensee did not breach clause 1.1(e) of the Codes for the broadcast of The Afternoons with Chris Smith on 1 June 2012.

Reasons

The segment focussed primarily on the sexual culture of the Olympic village, and identified specific countries of origin for some athletes, both individually and as groups.

As outlined above, the broadcast makes the following comments towards the end of the segment with respect to Ugandan athletes:

...[T]he Ugandan athletes, complained to officials... that the condoms they were issued with, were too small. What Skites!

The ACMA considers that the relevant group for consideration in this case is ‘Ugandans’ and that the relevant ground is ‘nationality’. Clause 1.1(e) sets a high threshold for the likely effect of prohibited material, in that the content must be likely in all of the circumstances to incite hatred against, serious contempt for, or severe ridicule of, individuals or groups because of their nationality.

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 7 The ACMA has reviewed the comments in the context of the segment in its entirety and is not satisfied that they were capable of inciting, in another person, the requisite degree of ill- feeling towards Ugandan people.8 The segment did not focus on Ugandan athletes and their nationality in particular, but rather discussed a number of athletes of a range of nationalities in various contexts. First, a reference was made to Swedish athletes:

... I mean you can imagine when you’ve got a whole bunch of Swedish girls hanging around or anything like that, they’re all keen to do the same thing as you, then it’s going to get pretty out of hand.

Secondly, in the context of rankings on the ‘promiscuity index’, the following countries were mentioned:

England ranks the highest on this particular index, which measures a person’s or a people’s propensity to want to engage in casual sex.

Australia’s down the list, now two of the countries that are up there, the likes of Germany, the Czech Republic, Finland, are quite high. Australia I think are about number 6. Ah, a lot of those European Countries, and the western countries too, America’s right up there. Down the other end of the scale, Taiwan actually funnily enough are the lowest. So, I guess does come back a bit to that Western culture and society and you know. It’s not as taboo a subject.

Thirdly, a reference was made to an Italian athlete in the context of attitudes on sex before competing:

There was a famous winter Olympian, [name], I think he may have been from Italy. He had a rule. He was quite a lady’s man but he didn’t want it to interfere with what he was capable of doing on the slopes... Sumo wrestlers were also referred to. Finally, the reference was made to Ugandan athletes. In order to find a breach if clause 1.1 (e) of the Codes there must be something in the content that renders it capable of inciting the requisite degree of ill-feeling in another person.9 In this case, there is nothing in the segment that incited, or stimulated the audience to share feelings of hatred, contempt or ridicule towards Ugandans because their nationality. The ACMA considers that in the context of a discussion predominantly conveying the results of a specific study of the culture of sex in the Olympic village, different nationalities would invariably be referred to. In this context, the ACMA is not satisfied that the broadcast contained explicit or direct expressions of hatred, contempt or ridicule towards Ugandan people, or other groups because of their nationality. While the comments contained some innuendo, they were brief, light-hearted and not sustained or intense enough to meet the high threshold test that would result in a breach of the clause 1.1(e) Codes.

8 Burns v Dye [2002] NSW ADT 32 at [20], [62]. 9 Burns v Dye [2002] NSW ADT 32 at [20], [62].

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 8 Accordingly, the licensee did not breach clause 1.1(e) of the Codes.

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 9 Transcript CS: Well with the London Olympics just, what is it, 50 odd days away, there’s another side to the Olympics that’s rarely reported. Let me put it to you this way. Young bodies all mixing together at their peak of physical fitness, and a village atmosphere with parties to boot. You get my drift.

Here’s a little known factoid for you. For the 2 week period of the games, around 150,000 condoms will be distributed, and there is no guarantee that’ll be enough. In Sydney and Vancouver supplies actually ran out. So when you do the maths it actually works out to be around 10 contraception devices per person. Sounds like a giant orgy!

The other side of this story is the subject of a new book by former Canberra Times Sports Journalist [J B]. Now, James is a great fan of rugby league, cricket, horse racing, anything else that runs, or kicked or whacked. The book’s called ‘Sex in the Olympics – Condomania’. He’s on the line.

James, good afternoon.

JB: G’day Chris, that’s a lot of condoms isn’t it?

CS: A lot of condoms it is. What made you write a book on this subject mate?

JB: Look, I’m part of a team, a collaborative publications who midway through last year decided they were going to delve into this particular subject. (Names of researchers)... in particular, who did a lot of the research on this book. And they were just sitting around and the subject came up and they thought, well hang on, what actually does happen behind closed doors, and pretty early on in the piece..

CS: because as a sports journalist you would’ve heard the goss and how much they party hard right?

JB: That’s the thing, there’s plenty of gossip, but a lot of it is unfounded and um speculation because that Olympic Village is virtually sealed off to only the athletes, a few coaches, physios, the press isn’t allowed in, the general population isn’t allowed in so they can get away with virtually whatever they want to.

CS: Okay. Now, how wild are things behind the scenes? And how have you been able to determine this just from off the record chats. Well on the record chats but without identification?

JB: A little bit of this information over the years has leaked out, mainly via retired Olympians who I guess have an interesting story to tell. You introduce it very well Chris when you mention that there’s 10,000 athletes in the prime of their physical condition, they’re all hyped up on testosterone, and adrenalin, and they’ve all been training bear in mind for 12/24 months. Some of these for an entire lifetime to get to where they are. And once they have competed they’ve released all that pent up energy and all of a sudden... you know, if you go early in the game, you’ve got 12 or 13 days worth of this. And even later on in the piece, you’ve still got possibly 6 or 7 days surrounded in this environment with all of these people, who pretty much just want to let their hair down and party and when you’ve got um, I mean you can imagine when you’ve got a whole bunch of Swedish girls hanging around or anything like that, they’re all keen to do the same thing as you, then it’s going to get pretty out of hand. And they have these parties – the big major sponsors come in and they throw these parties almost every night which are exclusive to mainly the Olympic athletes.

CS: Right.

JB: There are groupies. A lot of the young female girls who quite commonly flock to the games, they have an uncanny knack I suppose of working their way past security into these parties. But it all just comes together.

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 10 CS: And their express purpose is to party hard and have sex with some of the more high profile athletes.

JB: These groupies, funnily enough, they go to the games, almost entirely for that purpose, they really don’t care what’s happening on the field. Their entire goal is to go there and get friendly with as many athletes as possible. And a lot of them even get down to a case where they have a scoring system, where you’ll get 5 points for a gold medallist. 4 points for a silver medallist. 3 points for a bronze medallist. And maybe just one point, if you get an athlete that’s not performing as well as they probably could, you’re not going to score as well. And this actually does happen Chris.

CS: [laughs audibly]. Are there nationalist demarcations?

JB: Ha, sorry mate?

CS: Are there demarcations where certain countries don’t mix with certain other countries? Or is it just on for young and old?

JB: Also it’s just for young and old, there’s a promiscuity index.

CS: [laughs in disbelief] What!?!

JB: Which you wouldn’t believe it. But ah and funnily enough, England ranks the highest on this particular index, which measures a person’s or a people’s propensity to want to engage in casual sex.

CS: The Poms! JB: The Poms are number 1. So, this year, statistically, if you’re going to the London Olympic games 2012, ah, it’s probably the best chance you’ve ever had to go over there and find yourself an athlete. Or, even just another like minded sports fan, who’s, you know flocked to London.

CS: Well on this index what country is second and third and where’s Australia?

JB: Australia’s down the list, now two of the countries that are up there, the likes of Germany, the Czech Republic, Finland, are quite high. Australia I think are about number 6. Ah, a lot of those European Countries, and the western countries too, America’s right up there. Down the other end of the scale, Taiwan actually funnily enough are the lowest. So, I guess does come back a bit to that Western culture and society and you know. It’s not as taboo a subject.

CS: Yeah. Okay, so what about sex prior to competition? Now, I would’ve thought as a coach you’d be telling your athletes, you can do all of that afterwards, you can let your hair down, but not beforehand. Do they still believe that kind of science now?

JB: There’s two distinct camps Chris, as you probably know, the Abstainers, and the Non-Abstainers and it’s almost 50/50. Some coaches will just ban it completely, they won’t allow it. And so therefore the athletes, if they’re behaving team, and obeying team protocol, will not do a thing on that front for 12/24 months leading up until they’ve competed, they’ve finished their competitive duties, and then it does become a free for all. And they swear by the fact that yes it does ensure that you’re going to perform at your absolute peak for the entire games. The other side of the camp though they seem to think well no that really doesn’t come into it, you know, if we have sex before competition that’s fine that’s just gonna probably pump a few more endorphins through our blood stream and calm us down and relax us and we’re going to go out there and we’re going to perform at our best anyway. There was a famous winter Olympian, [name], I think he may have been from Italy. He had a rule. He was quite a lady’s man but he didn’t want it to interfere with what he was capable of doing on the slopes. And he was a very impressive skier. So his rule...he maxed out at I think 3 women per evening. But he always made sure they were in bed by 3am so he got a few precious hours sleep before he got out to compete. So it didn’t affect his performance.

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 11 CS: Oh, that’s responsible of him, very responsible.

JB: Very responsible, and that cap at 3 women, and send them home at 3am. There you go, that seemed to work for him because he was very successful.

CS: Amazing. Amazing.

JB: Incredible. Incredible.

CS: Is the IOC worried about this issue at all? Or ever have been?

JB: I think initially they were a bit concerned that it’d you know taint the image of pure perfection that the Olympics strives to get out there. That’s the message that seems to be what it’s washed with. But early on in the 1980’s when it really came to the fore, Chris, when AIDS was starting to spread across the country, which at that point was seen by some people as a pandemic that could well have wiped out the entire population. They got active the IOC and that’s when they started promoting their message of safe sex which was why we saw the condoms starting to become distributed amongst the Olympic Village. I think that’s about the extent of it. They’re not particularly, they don’t want to be associated with you know the fact that sex workers go to the Olympics, or the fact that there are these big parties being thrown inside the Olympic village because it takes away from what the Olympics is really all about on face value. And that’s the performing on the field. So, the IOC know it’s happening, and they’ve taken a few steps to ensure that athletes are doing it safely. But they certainly don’t promote it. And, as you could imagine they think it probably tarnishes the image of the Olympic games.

CS: And it’s still a case of ‘Let the Games Begin’ hey?

JB: Let the games begin mate, on and off the field.

CS: [laughs] Now you’re launching tomorrow. You’re launching this book tomorrow at Smith’s book store in Civic in Canberra, ah just for those who are in Canberra, through 2CC this afternoon. 2pm right?

JB: 2pm. Smith’s Alternative Book Store in Civic, I’ll be there. A few of the other researchers will be there. Bill Cavanagh who’s done all the drawings for this book, all the sketches, and I must say he has got some serious talent. He’ll be there as well. He’ll have a bit of a spiel. He’s drawn some wonderful sketches for this book. We’ll have some ah some paperback copies on hand. We’ll discuss the material inside the book. How it all came about. It should be a pretty good afternoon.

CS: I don’t know how you can keep a straight face here. Ah, [Caller 1] go ahead, James is listening.

[C1]: Yeah James I was just wondering if I went over and dressed as a Sumo, do you think the girls would come after me?

CS: [laughs] Yeah, that’s a great question, how do the Sumo’s go?

JB: I’d ... I [laughs] I tell you what, you may be a chance. You may be chance.

CS: [laughs]

[C1]: I wouldn’t have to dress too hard I ... [inaudible]

JB: There are niche markets over there. I tell you what, it’s almost worth spending a lifetime training to get over there and get into the Olympic Village for two weeks because it sounds like the place to be.

CS: Get out of here you boofheads! [C1] get off! James, thank you very much enjoy your afternoon tomorrow.

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 12 JB: Thanks very much.

CS: James Buckley. How did he keep a straight face. Sex in the Olympics. It’s a real book with real researchers. On a real subject. Just amazing.

CS: [name of caller] has reminded me, on that same subject (about sex in the Olympic village) that at the Sydney 2000 games, the Ugandan athletes, complained to officials. They complained that the condoms they were issued with, were too small. What skites!

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 13 Attachment B

Considerations as to whether or not a licensee has breached clause 1.1(e) of the Code

‘ Likely ’ The word ‘likely’ has been interpreted to mean something that is a real and not a remote possibility or something which is probable.10 There need only be a real possibility of a program inciting hatred against or serious contempt for or severe ridicule of a person or group of persons for a breach of clause 1.1(e) to be found. ‘ Incite’ When a statute or a code uses a word which is not defined, it is usually appropriate to apply whichever of the ordinary English language meanings of the word is most appropriate to the context in which the word is used in the statute or code. The Macquarie Dictionary (5th Edition) defines ‘incite’ as follows: incite verb to urge on; stimulate or prompt to action. Incitement can be achieved through comments made about a person or group; there is no requirement that those comments include a specific call to action against that person or group. There is no need to establish that there was a specific intention to incite the reactions or to prove that anyone was actually incited. However, the use of words that merely convey hatred, serious contempt or severe ridicule towards a person, is not incitement. There must be something more than an expression of opinion, something that is positively stimulatory of that reaction in others. ‘ Hatred’, ‘serious contempt’, ‘severe ridicule’ The Macquarie Dictionary (5th Edition) includes the following definitions: hate verb, hated, hating. verb (t) 1. to regard with a strong or passionate dislike; detest. 2. to dislike; be unwilling: I hate to do it. 3. to feel hatred. […] serious adjective 5. weighty or important; 6. giving cause for apprehension; critical

contempt noun 1. the act of scorning or despising; 2. the feeling with which one regards anything considered mean, vile or worthless

severe adjective 1. harsh, harshly extreme

. 10 See the discussion in Re Vulcan Australia Pty Ltd and Comptroller-General of Customs (1994) 34 ALD 773 at 778. .

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 14 ridicule noun 1. words or actions intended to excite contemptuous laughter at a person or thing, derision

‘ Because of’ The incitement of the hatred, serious contempt or severe ridicule, must occur on a basis specified in clause 1.1(e), including the nationality of a person or group. This means there must be a causal connection between the disability affecting the person or group of persons and the feelings of hatred, serious contempt or severe ridicule which are likely to be incited by the broadcast program.

ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 15 ACMA Investigation Report – The Chris Smith Afternoon Show broadcast by 2GB on 1/6/12 16