Investigation Report No. BI-184

Investigation report no. BI-184 SummaryBroadcaster Network Ten (Perth) Pty LimitedStation TENType of service Commercial television Name of program The ProjectDate of broadcast 16 February 2016Relevant code Clause 2.6.2 of the Commercial Television Industry Code of Practice 2015Date finalised 30 May 2016Decision No breach of clause 2.6.2 [provoke intense dislike, serious contempt or severe ridicule on the basis of religion] Error: Reference source not foundBackground The Australian Communications and Media Authority (the ACMA) has conducted an investigation under section 170 of the Broadcasting Services Act 1992 (the BSA) into The Project broadcast on TEN by Network Ten (Perth) Pty Limited on 16 February 2016.The program included a song about Cardinal George Pell titled Come home (Cardinal Pell). The ACMA received a complaint alleging that the song vilified Cardinal Pell and commenced its investigation in April 2016.The ACMA has investigated the licensee’s compliance against clause 2.6.2 of the Commercial Television Industry Code of Practice 2015 (the Code).The program The Project is a program described as1: …news done differently. Guaranteeing no miracle diets, no stories that ‘no parent can afford to miss’, and virtually no dodgy plumbers, The Project is a TV show joining in the conversations going on in living rooms around the country. […]The Project is the simplest idea in television for a long time. Each weekday at 6:30pm, the team dissect, digest and reconstitute each days' news. The song, written and performed by Mr Tim Minchin, was broadcast during a segment about the Royal Commission into Institutional Responses to Child Sexual Abuse (the Royal Commission). The segment concerned news reports that Cardinal Pell’s evidence to the Royal Commission would be provided via video link from Rome as he was too unwell to fly to Australia.Following the broadcast of the song, there was a discussion between The Project’s hosts and guest panellist, Mr Steve Price, about it.A transcript of the segment is at Attachment A.Assessment and submissions When assessing content, the ACMA considers the meaning conveyed by the material, including the natural, ordinary meaning of the language, context, tenor, tone, images and any inferences that may be drawn. In the case of factual material which is presented, the ACMA will also consider relevant omissions (if any). This is assessed according to the understanding of an ‘ordinary reasonable’ listener or viewer.Australian courts have considered an ‘ordinary reasonable’ 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 1 http://tenplay.com.au/channel-ten/the-project accessed on 30 May 2016. 2 between the lines in the light of that person’s general knowledge and experience of worldly affairs.2Once the ACMA has ascertained the meaning of the material that was broadcast, it then assesses compliance with the Code. The investigation has taken into account the complaint (at Attachment B) and submissions from the broadcaster (at Attachment C). Other sources are identified as relevant.Relevant Code provision 2.6 Material not suitable for broadcast[…]2.6.2 A Licensee must not broadcast any Program, Program Promotion, Community Service Announcement or Station ID which is likely, in all the circumstances, to provoke or perpetuate in, or by a reasonable person, intense dislike, serious contempt or severe ridicule against a person or group of people because of […] religion [...] 2.6.3 A Licensee will not be in breach of clause 2.6.2 if the relevant conduct is said or done reasonably and in good faith: a) in broadcasting an artistic work (including comedy or satire); b) in the course of any broadcast with a public interest purpose (including a statement, discussion or debate concerning academic, artistic or scientific matters); or c) in the course of a broadcast of a fair report of, or fair comment on, a matter of public interest. Finding The broadcaster did not breach clause 2.6.2 of the Code. Reasons To assess compliance in this case, the following questions have been asked:  Did the program identify a person or group of persons on a relevant basis?  Was the segment likely to provoke or perpetuate in a reasonable person intense dislike, serious contempt or severe ridicule against the relevant person or group on that basis?  If so, was the conduct in the segment said or done reasonably and in good faith? The complainant submitted: [Network Ten] claims that Network Ten is justified in broadcasting that a person is a coward if he [chooses] not to fly as advised by his doctor. [Network Ten] uses Commercial Television Industry Code of Practice as an excuse to vilify an Australian Citizen in language which could be described as vile. I would expect that he, or anyone else, would be stressed to be abused in that way; even before, as in this case, the Commission has interviewed Cardinal Pell. The licensee submitted: 2 Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 at pp 164–167. ACMA Investigation report—The Project broadcast on TEN on 16 February 2016 3 of 15 Error: Reference source not foundWhile the segment did include some lyrics that some viewers may have considered to be offensive or in poor taste, the segment did not appeal to viewers to treat Cardinal Pell with dislike, contempt or ridicule based on his religion.The criticisms in the song [were] directed at Cardinal Pell for his failure to fly to Australia to testify in person at the royal commission and his knowledge and actions with regards to child abuse allegations over the years. The song expressed anger towards Cardinal Pell.There were no explicit terms of condemnation or engagement with the audience appealing it to respond to Cardinal Pell with hatred, contempt or ridicule on the basis of his religion. Any dislike, contempt or ridicule arose from Cardinal Pell’s handling of child sexual abuse matters and the latest developments with regards to his participation in the royal commission. This was the focus of Tim Minchin’s performance, rather than Cardinal Pell’s religion.The song is humorous at times and delivered in a light-hearted manner. The sarcastic lyrics are further mitigated by the sweet and catchy nature of the music.The subsequent discussion by the hosts served to contextualise the song within the public interest debate about Cardinal Pell’s participation in the commission’s hearings. Host Steve Price provided a contrary view, strongly condemning Tim Minchin’s song and again noted Cardinal Pell’s prior participation at the commission and the medical reasons for not travelling to Australia to appear again.Did the segment identify a person or group of persons on a relevant basis?The lyrics of the song include explicit criticism of Cardinal Pell for not attending the Royal Commission in person to give evidence. It also contains implicit criticism of the Catholic Church and Cardinal Pell’s handling of alleged child sexual abuse. The ACMA is satisfied that, for the purposes of clause 2.6.2, the relevant person is Cardinal Pell, the relevant group of people is members of the Catholic Church, and the relevant basis is religion. Was the segment likely to provoke or perpetuate in a reasonable person intense dislike, serious contempt or severe ridicule against the relevant person or group on that basis?‘Provoke or perpetuate’To assess compliance, the ACMA asks if the segment was likely to have urged a reasonable person to share feelings of dislike, contempt or ridicule on the basis of religion. Conduct that merely conveys a person’s own negative feelings towards a person or their actions is not a breach of the Code.The ACMA acknowledges that the program would have been likely to offend some viewers of the segment. The song contains provocative lyrics, such as ‘scum’, ‘pompous buffoon’ and ‘god damn coward’, and phrases such as, ‘I'm not the greatest fan of your religion/And I personally believe that those who cover up abuse should go to prison’. The lyrics are critical of Cardinal Pell and members of the Catholic Church and would have been likely to arouse feelings of dislike and contempt. However, this was on the basis of their handling of sexual abuse allegations rather than their religion or their religious beliefs or practices. 4 The ACMA considers that, in all the circumstances, the requisite elements of provocation or incitement on the basis of religion were absent from the song broadcast in the segment. A reasonable person would not have understood that they were being urged, stimulated or encouraged to share feelings of dislike, contempt or ridicule on the basis of religion.Additionally, the material was broadcast within a context that was clearly articulated before and after the song as a response to matters of current community debate. Prior to the broadcast of the song, the presenters indicated that: the Royal Commission had accepted that Cardinal Pell ‘is too sick to fly’ to attend the Royal Commission in person  he ‘has already testified and strongly denies covering up any abuse’ he said that ‘he’s made every effort to make himself available to cooperate with the Commissioner’. They also indicated that there was a level of public criticism directed at Cardinal Pell and ‘some have accused him of evading accountability by not flying home’.Immediately after the broadcast of the song, Steve Price was strongly critical of it:Look obviously Tim Minchin feels really strongly about that, but I just think it’s really disgusting the way he’s resorted to personal abuse there of George Pell. He’s called him a coward, scum and a buffoon. Now this guy is the most senior Australian Catholic in the world. He’s a cardinal. Regardless of what you make of him, to write a song like that and use your talent to just simply abuse him from a distance I think is pathetic. Accordingly, a reasonable viewer would have been unlikely to consider they were being urged to share feelings of dislike, contempt or ridicule towards the Catholic Church on the basis of religion. Rather they were being presented with aspects of a controversial debate concerning the Royal Commission hearings into child sexual abuse.‘Intense dislike, serious contempt or severe ridicule’The inclusion of the adjectives ‘intense’, ‘serious’ and ‘severe’ in clause 2.6.2 contemplates the provocation of a very strong reaction in the audience. It is not sufficient that the broadcast induces a mild or even strong response. To the extent that there was any provocation to share feelings of hatred against members of the Catholic Church on the basis of religion because of criticism of Cardinal Pell, it was not explicit or extreme enough to provoke the strength of audience response contemplated in clause 2.6.2. Accordingly, the ACMA finds that the licensee did not breach clause 2.6.2 of the Code. If so, was the conduct in the segment said or done reasonably and in good faith?As the content did not breach clause 2.6.2, there is no need to consider clause 2.6.3. In any event, the ACMA considers that the song was a satirical artistic work created in response to serious matters of widespread controversy within the community at the time of the broadcast, including the proceedings of the Royal Commission and the responsibilities of people who hold power in institutions to prevent and address sexual abuse. ACMA Investigation report—The Project broadcast on TEN on 16 February 2016 5 of 15 Error: Reference source not foundThe ACMA has noted in a number of previous investigations that there is a culture of robust public debate and expression in Australia, including that directed from or at participants in such discourse.3 The ACMA has also previously noted that political satire is a provocative genre with a long history of presenting social taboos in exaggerated form, often as a central conceit, to make political points.4 It is clear that child sexual abuse and the issues considered by the Royal Commission are matters of public interest. Given the satirical nature of the song and, the context of the whole segment, including the discussion between the panellists, the ACMA considers the broadcast was a fair report of, and a fair comment on, a matter of public interest. For these reasons, the ACMA considers that any conduct provoking dislike, contempt or ridicule was done reasonably and in good faith. 3 See ACMA Investigations 2674 and 2717 (Alan Jones Breakfast Show broadcast by 2GB in 2011), and Investigation 3318 (A Current Affair broadcast by the Nine Network in 2014). 4 See ACMA Investigation 3119 (The Hamster Decides broadcast by the ABC in 2013).6 Attachment ATranscript of The Project, broadcast on TEN on 16 February 2016 Carrie Bickmore: Now changing pace and the Royal Commission into Child Abuse is yet to decide on a venue in Rome for Cardinal George Pell’s third appearance at the end of the month. The Commission has accepted he is too sick to fly to Australia to testify and is arranging a video link. Waleed Aly: Now the back-story here is that the Cardinal has already testified and strongly denies covering up any abuse. He has been asked to give further advice in December, sorry evidence, in December he was too sick to travel so he said, so the hearings have been delayed while the Commissioner waited for him to get better. Carrie Bickmore: Now the survivors weren’t happy about that delay, some have accused him of evading accountability by not flying home. Pell has responded to that by saying he’s made every effort to make himself available and to cooperate with the Commissioner. Waleed Aly: Of course not everyone thinks that the Cardinal should be allowed to testify from Rome and that he should be here … and one person who clearly believes that is Australian comedian Tim Minchin who has recorded a song to voice that opinion which we a debuting tonight.Carrie Bickmore: We’ll see what you think and give you our take right afterwards.Visuals: Tim Minchin’s song and footage of his band. Various footage of Cardinal Pell is played throughout the clip.Tim Minchin: It's a lovely day in Ballarat I'm kicking back, thinking of you I hear that you've been poorly I am sorry that you're feeling blue I know what it's like when you feel a little shitty You just want to curl up and have an itty-bitty doona day But a lot of people here really miss ya, Georgie They really think you oughta just get on a plane (Just get on a plane) We all just want you to... Come home, Cardinal Pell I know you're not feeling well And being crook ain't much fun Even so, we think you should come Home, Cardinal Pell Come down from your citadelACMA Investigation report—The Project broadcast on TEN on 16 February 2016 7 of 15 Error: Reference source not foundIt's just the right thing to do We have a right to know what you knewCouldn't you see what was under your nose, Georgie Back in '73 when you were living with Gerry? Is it true that you knew but you chose to ignore Or did you actively try to keep it buried? And years later, when survivors, despite their shame and their fear Stood up to tell their stories, you spent year after year Working hard to protect the church's assets I mean, with all due respect, dude, I think you're scum And I reckon you should... Come home, Cardinal Pell (Cardinal Pell) I know you're not feeling well Perhaps you just need some sun It's lovely here, you should come Home, you pompous buffoon (Pompous buffoon) And I suggest do it soon I hear the tolling of the bell And it has a Pellian knellI want to be transparent here, George, I'm not the greatest fan of your religion And I personally believe that those who cover up abuse should go to prison But your ethical hypocrisy, your intellectual vacuity, and your arrogance don't bother me as much As the fact that you have turned out to be such a goddamn coward You're a coward, Georgie (You're a coward, George) Come and face the music, Georgie (Face the music, George) You owe it to the victims, Georgie(You owe it, George) Come and face the music, the music, hallelujah, hallelujah8 If the Lord God omnipotent reigneth He would take one look at you and say: (One look at you and say) Go home, Cardinal Pell I've got a nice spot in hell With your name on it and so I suggest you toughen up and go Home, Cardinal Pell I'm sure they'll make you feel wel- Come at the pub in Ballarat They just want a beer and a chatCome home, Cardinal Pell (Cardinal Pell) I know you're scared, Georgie-Poo (Come home) They have a right to know what you knew Your time is running out to atone, Georgie I think the Lord is calling ya home, Georgie Perhaps he could forgive even you If you just let them know what you knew Oh, Cardinal Pell My lawyer just rang me to tell Me this song Could get me in legal troubleOh well, Cardinal Pell If you don't feel compelled To come home by A sense of moral duty Perhaps you will come home and frickin' sue meCarrie Bickmore: Wow. Waleed Aly: Hmm. Steve Price: Look obviously Tim Minchin feels really strongly about that, but I just think it’s really disgusting the way he’s resorted to personal abuse there of George Pell. He’s called him a coward, scum and a buffoon. Now this guy is the most senior Australian Catholic in the world. He’s a cardinal. Regardless of what you make of him, to write a song like that and use your talent to just simply abuse someone from a distance I think is pathetic. Carrie Bickmore: So standing up for a group of people ...ACMA Investigation report—The Project broadcast on TEN on 16 February 2016 9 of 15 Error: Reference source not foundSteve Price: … this is the same cardinal that came twice to the Royal Commission and appeared, looked people in the eye who were alleging that they’d been abused by priests. He’s done it twice. And he’s convinced the Commission that he is unwell in Italy and he can’t fly. You’re going to force this guy to get on a plane? Minchin needs to tone that down in my view. Peter Helliar: Tim…I don’t think he’s going to. But Tim... it’s it’s … you know it’s a free country. We have freedom of speech.Steve Price: We do.Peter Helliar: And Tim’s exercised that. Steve Price: And we just played it and there’s the freedom of speech, we played it.Peter Helliar: He’s made it quite clear in the song that he’s not a religious person well certainly not.Steve Price: Did he need to call him a scum to talk about an individual?Peter Helliar: He obviously wanted to make a point and it’s a point about a serious issue. And he’s obviously made the point very clearly.Steve Price: George Pell said he’s he never knew what was going on in Ballarat. He said it consistently under oath. Peter Helliar: Ok.Waleed Aly: But this isn’t about, this is about re-agitating he knew or so on. This issue right now is about whether or not the survivors deserve to be in the court room with him. When he is doing this … that they deserve to have that interaction. Carrie Bickmore: Do you think they should then be able to fly over to him?Steve Price: Sure, if they want to. If they want to pay for an airfare and go over there, then good on them.Waleed Aly: Ah that’s interesting there’s a ‘go fund me’ page that has been launched where people can donate money to help make this happen. And I noticed earlier in the day it was up to $24,000 that they had raised. They’re looking to raise up to $55,000. Now I should point out that doesn’t mean that it would automatically happen, a lot depends on the Commission deciding where he would give evidence and whether or not there is room for an audience and the Commission deciding it’s appropriate. But nonetheless, that page is there. So if you are interested in it, you can go their ‘Go Fund Me’ page, we’ll put the link up on our website and you’ll be able to do that. Carrie Bickmore: Music… Musically though, incredible… incredible song. Peter Helliar: As a song it’s a little masterpiece, isn’t it? It’s quite extraordinary. Steve Price: No.Carrie Bickmore: It’s been in my head all day, which is …not sure if it’s a good thing or not.10 Steve Price: No it isn’t, it’s an insult. Waleed Aly: I think what he’s saying…Peter Helliar: I said musically… change the lyrics and if it was a pro Tony Abbott song and you’ll be singing along. Steve Price: If it was written about you, would you be happy to be described as a coward? Peter Helliar: No, but I’m not in that situation. So it’ll be like… I’ll be having a word to Tim saying ‘Tim why are you saying that I’m not coming back for a royal commission mate… you can’t do that’. ACMA Investigation report—The Project broadcast on TEN on 16 February 2016 11 of 15 Error: Reference source not foundAttachment BExtracts from complaint to the Network Ten:We have just watched The Project (16/02/16). Excessive time was given to a song exceptionally critical of Cardinal Pell using language we would not expect a fair and reasonable media outlet to air. The only person on the panel who showed any decency was Steve Price. Sadly Peter Hellier lost our respect by making inane remarks. I hope Channel 10 will take steps to improve the standard of The Project.Extracts from complaint to the ACMA dated 20 March 2016:[…]I sent a protest letter to Network Ten concerning their choice to broadcast, on the Project, a song by Tim Minchin. […][Network Ten] claims that Network Ten is justified in broadcasting that a person is a coward if he choses not to fly as advised by his doctor. [Network Ten] uses Commercial Television Industry Code of Practice as an excuse to vilify an Australian Citizen in language which could be described as vile. I would expect that he, or anyone else, would be stressed to be abused in that way; even before, as in this case, the Commission has interviewed Cardinal Pell. I note [Network Ten] considers the abuse acceptable if the abuser is angry and also if it becomes widely viewed. I protest at that broadcast and question the assumption that a media outlet is permitted to slander an Australian Citizen. 12 Attachment CExtracts from Network Ten’s response to the complainant dated 11 March 2016:[…]The Project features a mix of current affairs and entertainment. The format and tone of the program is conversational, opinion-based, and at times, humorous. It usually features a variety of guests, ranging from journalists to comedians, who provide a broad range of views and opinions.Due to their special nature, news and current affairs programs are not required to be classified. However broadcasters are required to take care in selecting material for broadcast, having regard to the likely audience and the identifiable public interest reason for presenting the material. The program's audience is overwhelmingly adult and the content is not directed at children.In broadcasting a news or current affairs program, a broadcaster must not include material which, in the reasonable opinion of the broadcaster, is likely to seriously distress or seriously offend a substantial number of viewers, having regard to the likely audience of the Program, unless there is a public interest reason to do so.Section 2.6.2 of the Code proscribes the broadcasting of material that is likely, in all the circumstances, to provoke or perpetuate in, or by a reasonable person, intense dislike, serious contempt or severe ridicule against a person or a group of people because of, amongst other things, religion. The Code creates an important distinction between a program that may cause offence to some members of the audience, and a program that provokes or perpetuates intense dislike, serious contempt or severe ridicule.In addition, broadcasters will not be in breach of Section 2.6.2 of the Code if the relevant conduct is said or done in good faith in broadcasting an artistic work (including comedy or satire) or in the course of any broadcast with a public interest purpose (including a statement, discussion or debate concerning academic, artistic or scientific matters) or in the course of a broadcast of a fair report of, or fair comment on, a matter of public interest.You refer to the segment in which comedian and musician Tim Minchin debuted his song urging Cardinal Pell to return to Australia to appear at the Royal Commission into child sexual abuse. All proceeds from the song, ACMA Investigation report—The Project broadcast on TEN on 16 February 2016 13 of 15 Error: Reference source not found available on itunes, went to a crowd-funding effort to send child sex abuse survivors to Rome to see Cardinal Pell give evidence at the commission.Minchin used his music to express his anger at the commission's decision to allow Cardinal Pell to provide his recent evidence by videolink due to medical advice that the former Melbourne archbishop and Ballarat priest should not undertake long-haul flights due to a worsened heart condition.Upon review, we consider the segment could be accommodated within The Project in that timeslot. While we appreciate that some viewers such as yourself were offended by the song, we consider the content was not likely to provoke or perpetuate intense dislike, serious contempt or severe ridicule against Catholicism or Catholics in general. The song was a satirical artistic work broadcast with a public interest purpose. The performance was discussed robustly by the hosts, with Steve Price expressing his contrary views strongly.We strive to balance our obligations to address public interest issues while exercising sensitivity for viewers. The Minchin song and performance went on to become a significant news item covered by media outlets all around Australia.Extracts from Network Ten’s submission to the ACMA dated 11 May 2016[…]The ProgramThe Project is a current affairs program that features a mix of current affairs and entertainment. The format and tone of the program is conversational, opinion-based, and at times, humorous. It usually features a variety of guests, ranging from journalists to comedians, who provide a broad range of views and opinions.The program is described on its website as:...news done differently. Guaranteeing no miracle diets, no stories that ‘no parent can afford to miss’, and virtually no dodgy plumbers, The Project is a TV show joining in the conversations going on in living rooms around the country. 14 The name may not be very surprising, but the show always is. With a team led by Gold Logie winner Carrie Bickmore, Walkley Award winner Waleed Aly, and Under- 12s Best and Fairest runner-up Pete Helliar, The Project is the simplest idea in television for a long time. Each weekday at 6:30pm, the team dissect, digest and reconstitute each days' news.The segment in question began with hosts Carrie Bickmore and Waleed Aly reporting that The Royal Commission into Institutional Responses to Child Sexual Abuse had yet to decide on a venue in Rome where Cardinal Pell would provide evidence to the commission via video link. The commission had accepted that Cardinal Pell was too ill to travel to Australia to appear in person. It was explained that the Cardinal had already testified and denied claims that he covered up incidents of child abuse and had been too unwell to appear before the commission in December 2015. Some survivors of child abuse were unhappy with this and accused the Cardinal of evading accountability by not travelling to Australia. The Project noted that Cardinal Pell had responded to such claims stating that he had made every effort to make himself available and cooperate with the commission.The hosts then noted that some were still unhappy with Cardinal Pell’s efforts, including comedian Tim Minchin, who had recorded a song about these events. The segment then featured a recording of the performance by Tim Minchin of his new song, Come Home (Cardinal Pell) urging Cardinal Pell to return to Australia to appear again at the royal commission.Following the recording, the hosts discussed the song. They also noted that there was a crowd-funding effort (GoFundMe - Send Ballarat Survivors To Rome). The funds would be used to help child abuse survivors travel to Rome to see Cardinal Pell give evidence at the commission.All proceeds from the song went to this crowd-funding campaign.Relevant Code provisionCommercial Television Industry Code of Practice 2015 (the Code):2.6 Material not suitable for broadcast[…]2.6.2 A Licensee must not broadcast any Program, Program Promotion, Community Announcement or Station ID which is likely, in all the circumstances, to provoke or ACMA Investigation report—The Project broadcast on TEN on 16 February 2016 15 of 15 Error: Reference source not found perpetuate in, or by a reasonable person, intense dislike, serious contempt or severe ridicule against a person or group of people because of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.2.6.3 A Licensee will not be in breach of clause 2.6.2 if the relevant conduct is said or done reasonably and in good faith: a) in broadcasting an artistic work (including comedy or satire); b) in the course of any broadcast with a public interest purpose (including a statement, discussion or debate concerning academic, artistic or scientific matters); or c) in the course of a broadcast of a fair report of, or fair comment on, a matter of public interest.The complainant has identified Cardinal George Pell as the relevant person and religion as the basis for an alleged breach of clause 2.6.2 of the Code. Reasons for ComplianceAs the ACMA has previously expressed, the clause establishes a high threshold for proscribed material. The inclusion of the adjectives ‘intense’, ‘serious’ and ‘severe’ contemplates the provocation of a very strong reaction in the audience. It is not sufficient that the broadcast induces a mild or even strong response.The clause also requires that there be an identifiable causal link between the prohibited ground or basis of the person concerned and the feelings of hatred, serious contempt or severe ridicule which are incited by the public act. In this context we note the ACMA’s decision in Investigation Report No. 2581 (Just for Laughs: Montreal Comedy Festival) which considered another song by Tim Minchin with regard to Clause 1.9.6 of the Commercial Television Industry Code of Practice 2010. While the segment did include some lyrics that some viewers may have considered to be offensive or in poor taste, the segment did not appeal to viewers to treat Cardinal Pell with dislike, contempt or ridicule based on his religion.The criticisms in the song was directed at Cardinal Pell for his failure to fly to Australia to testify in person at the royal commission and his knowledge and 16 actions with regards to child abuse allegations over the years. The song expressed anger towards Cardinal Pell.There were no explicit terms of condemnation or engagement with the audience appealing it to respond to Cardinal Pell with hatred, contempt or ridicule on the basis of his religion. Any dislike, contempt or ridicule arose from Cardinal Pell’s handling of child sexual abuse matters and the latest developments with regards to his participation in the royal commission. This was the focus of Tim Minchin’s performance, rather than Cardinal Pell’s religion.The song is humorous at times and delivered in a light-hearted manner. The sarcastic lyrics are further mitigated by the sweet and catchy nature of the music.The subsequent discussion by the hosts served to contextualise the song within the public interest debate about Cardinal Pell’s participation in the commission’s hearings. Host Steve Price provided a contrary view, strongly condemning Tim Minchin’s song and again noted Cardinal Pell’s prior participation at the commission and the medical reasons for not travelling to Australia to appear again.While acknowledging that some viewers, including the complainant, were offended by the broadcast, TEN submits that the program complied with Clause 2.6.2.If the ACMA were to determine that the broadcast did not comply with Clause 2.6.2, then we submit that the licensee would not be in breach of the Code due to the operation of Clause 2.6.3. That is, the conduct was conducted in broadcasting an artistic work (the song) or in the course of a broadcast with a public interest purpose or in the course of a broadcast of a fair report of, or fair comment on, a matter of public interest, being the royal commission and Cardinal Pell’s participation.The song was a satirical artistic work broadcast with a public interest purpose. The song and reaction to it were widely reported in the media, as was the matter of Cardinal Pell’s participation in the royal commission and the attendance of child abuse survivors at proceedings in Rome. The Project has broadcast ACMA Investigation report—The Project broadcast on TEN on 16 February 2016 17 of 15 Error: Reference source not found several stories on the royal commission and allegations of child abuse in the public interest.Hence, TEN contends the broadcast complied with all relevant provisions of the Code.18

Investigation Report No. BI-184

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