Investigation Report No. 2411
File No. ACMA2010/985
Licensee Channel Seven Adelaide Pty Ltd
Station SAS
Type of service Commercial Broadcasting Service (Television)
Name of program Weekend Sunrise
Date of broadcast 13 February 2010
Relevant Broadcasting Services Act 1992 section 148. Legislation/Code Commercial Television Industry Code of Practice 2010 Clause 2.4 (Classification of material for broadcast and the exception for news and current affairs programming) Clause 2.13 (Material may only be broadcast in the classification zone corresponding to its classification) Clause 7.12 (Responses must be made no longer than 30 working days after the receipt of the complaint)
Investigation conclusion Weekend Sunrise broadcast by Channel Seven Adelaide Pty Ltd on 13 February 2010, during a G viewing period, contained a segment which included verbal and visual references to nudity and sexual behaviour. It is considered that the licensee exercised care in selecting this material for broadcast having regard to the likely audience of the program, and any identifiable public interest reason for presenting the program material, and therefore complied with clauses 2.4.1 and 2.13 of the Commercial Television Industry Code of Practice 2010 (the Code).
The licensee provided a substantive written response to the complainant within 30 days of receiving the complaint and therefore did not breach clause 7.12 of the Code. The complaint On 9 April 2010 the Australian Communications and Media Authority (the ACMA) received a written complaint about Weekend Sunrise broadcast by SAS on 13 February 2010 at approximately 8:50am during a General (G) classification zone. The complainant alleged that the program contained sexual material which was unsuitable for broadcast in a G classification zone. Not satisfied with the written response provided to their complaint by the licensee, the complainant forwarded the matter to the ACMA for investigation.
The program Weekend Sunrise is a breakfast current affairs program, broadcast from 7:30 am to 10:00 am on Sundays. Its format comprises news and information, combined with entertainment and humour. On 13 February 2010 the program included a segment, broadcast at approximately 8:50 am, titled ‘Revenge for Hire’ which included footage apparently taken at a strip club.
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 licensee. While special restrictions apply to G viewing periods, it is noted that these restrictions only apply to program promotions, and do not apply to the program under consideration here.
Issue 1: Material may only be broadcast in the classification zone corresponding to its classification
Relevant code provisions 2.4 All other material for broadcast: Subject to Clauses 2.3 and 2.4.1, all other material for broadcast must be classified according to the Television Classification Guidelines… or, where applicable, the stricter requirements of Section 3: Program Promotions and Section 6: Classification and Placement of Commercials. 2.4.1 Exception for news, current affairs and broadcasts of sporting events: these programs do not require classification, provided that the licensee exercises care in selecting material for broadcast having regard to: 2.4.1.1 the likely audience of the program; and 2.4.1.2 any identifiable public interest reason for presenting the program material.
2.13 Material may only be broadcast in the classification zone corresponding to its classification, except in the following circumstances: 2.13.1 News, current affairs and broadcast of sporting events: while not required to be classified, may be broadcast in the G classification zone, provided that care is exercised in the selection and broadcast of all material.
Complainant’s submissions The complainant submitted that:
acma | 2 The contained footage of pole dancers scantily dressed and dancing in a provocative manner including a close up of a female’s bare backside. The segment contained sexual connotations during a time slot that is generally for children.
Licensee’s submissions The licensee submitted that; Weekend Sunrise is a current affairs program and is therefore covered by clause 2.4.1 of the code. It considers the material included in the segment was at the very upper limit of what is normally permitted in the program. When selecting the material for Weekend Sunrise, regard is had to the fact that the program is not promoted to children, nor does it attract a substantial child audience. According to AGB Nielsen Media Research children aged 5 – 12 comprise 4.5% of Weekend Sunrise’s audience. Although the women were scantily clad, the images were edited in such a way so that no explicit detail or actual nudity was shown. The licensee considers that the material was presented with care having regard to the likely audience of the program.
Reasons The segment ‘Revenge for Hire’ focused on an American company that provides services for persons seeking revenge on others. It contained short clips from television programs and films on the subject of revenge followed by an interview with the two founders of the company. The majority of the segment consisted of the program presenter and the interviewees. It was also intercut with still images of the founders going about their business and examples of flyers they had produced as part of their work. The founders cite an example of a woman who sought revenge on her fiancé who had, allegedly, been spending time and money at a strip club. A short segment of footage from what appears to be a strip club was shown. This was a montage consisting of several women dancing in a dark, poorly lit club. The women were shown wearing outfits such as swimsuits and miniskirts. The montage occupied approximately 11 seconds of the five minute segment, and is considered to be very brief. The shots comprising the montage are also brief, no single image remaining visible for a significant period of time. The montage contains an image cropped to show a female’s buttocks and thighs as she dances. However, it appears that the female is wearing underwear and is not nude. Further, poor lighting diminishes the clarity of all the images in the montage. It is considered that the lack of detail and brief duration, evidences care taken in the selection of the material. It is also noted that the likely audience for Weekend Sunrise is, according to the demographic information provided by the licensee, comprised of adults. It is considered that the material is not unsuitable for the likely viewing audience. The material was presented within the context of a discussion about a job the company undertook that involved strip clubs. It also occurs in an interview that more broadly addresses the moral and ethical dangers of exacting revenge. In this context it is considered in the public interest for viewers to be aware of the activity of this company and its investigative methods.
Issue 2: Time limits on Responses to Code Complaints
acma | 3 During the course of the investigation it was noted that the original complaint to the licensee was dated 13 February 2010, and the licensee’s response to that letter was dated 6 April 2010 (35 working days after the complaint letter was dated).
Relevant code provisions 7.12 That response must be made as soon as practicable, but in any case no longer than 30 working days after receipt of the complaint.
Licensee’s submissions The licensee submitted that; The complaint letter was received on 22 February 2010 and the response was provided on 6 April 2010. Therefore the substantive response was provided within 30 working days. Friday 2 and Monday 5 April were public holidays.
Reasons The licensee has submitted that it received the complaint letter on 22 February 2010 and therefore provided its response within 30 working days of receipt of the complaint. In circumstances such as these, and where there is no independent evidence available, the ACMA cannot be satisfied that there has been a breach of the Code. Accordingly, it is considered that the licensee did not breach clause 7.12 of the code.
acma | 4 Decision
I, Richard Fraser, Manager, Content Classification Branch, being the appropriate delegated officer of the Australian Communications and Media Authority, determine for the above reasons that the licensee, Channel Seven Adelaide Pty Ltd, in relation to the broadcast of Weekend Sunrise on 13 February 2010, did not breach the clauses 2.4.1, 2.13 or 7.12 of the Commercial Television Code of Conduct.
Signed:______dated this day of June 2010
acma | 5