acma investigations Broadcasting investigations, October to December 2010 � This summary is of ACMA broadcasting investigations completed in the three months from 1 October to 31 December 2010. There is also, with the cooperation of Free TV Australia and Commercial Radio Australia (CRA), a three-month report of the number and substance of complaints made directly to the commercial broadcasters. The broadcasting Complaints about possible breaches Most investigation reports (with the complaints process of program standards (children’s exception of community non-breach Primary responsibility for the resolution television, Australian content, captioning investigation reports) are published of broadcasting code-related and disclosure), provisions of the BSA on the ACMA website at complaints rests with the licensees. and licence conditions may be made www.acma.gov.au (go to About The Broadcasting Services Act 1992 directly to the ACMA. Complainants ACMA: Publications & research > (the BSA) lays down a general procedure are not obliged to contact a licensee Publications > Broadcasting publications for complaints-handling whereby a first in these instances. > Broadcasting investigations reports). complainant is required to approach a licensee first, who in turn is obliged The ACMA may find that a licensee to respond. has breached a broadcasting code of practice or a licensee may admit However, if a complainant does not to a breach of a code. Breaches of receive a response within 60 days, the codes are not breaches of the or considers the response received BSA, although the ACMA may make to be inadequate, the matter may then compliance with a code a condition be referred to the ACMA for investigation. of licence. Generally, the ACMA The ACMA refers to these as unresolved seeks to ensure that licensees take complaints and must investigate them action to remedy breaches or to put unless satisfied that they are frivolous in place procedures to ensure they or vexatious, or not made in good faith. do not recur. Broadcasting investigations completed, 1 October to 31 December 2010 Breaches Non-breaches Licence condition Code of Licence condition Type of service Code of practice or standard BSA practice or standard BSA Commercial television 6 16 – 19 9 – ABC television – – – 4 – – SBS television – – – 1 – – Community television – – – – – – Subscription broadcasting television – – – – – – Subscription narrowcast television – – – – – – Open narrowcast television 1 – – – – – Commercial radio – 3 – 4 2 – ABC radio – – – – – – SBS radio – – – – – – Community radio – 1 – – 1 – Temporary community radio – – – – – – Open narrowcast radio – – – – – – Total 7 20* 0 28 12 0 *Some investigations that resulted in breach findings against compliance with licence conditions or standards may also result in breach findings of compliance with codes of practice. For the purposes of this report, these investigations have only been counted once. For further details, please see the following table. Issue #62 April 2011 11 acma investigations Broadcasting investigations, October to December 2010 Investigations were against provisions of a code of practice unless otherwise indicated. Commercial television Breach findings: 22 Investigation Station number Program or issue Substance of complaint Outcome ATN 2480 ‘Hogs Breath Cafe’ The use of popular characters in Breach—advertisement contained endorsement Channel Seven Sydney advertisement an advertisement. by popular personalities and proprietary character*. Pty Ltd NSW NBN 2405 2009 Wimbledon Alleged advertising of an interactive Breach—licence condition in the Interactive NBN Ltd Tennis Championships gambling service. Gambling Act 2001*. NSW TCN 2436 60 Minutes Segment about piggeries contained Breach—accuracy. TCN Channel Nine inaccuracies and represented a 22/11/2009 Breach—advise complainant that they may Pty Ltd viewpoint unfairly. refer the matter to the ACMA. NSW Licensee’s response failed to address No breach—accuracy and representation key matters. of viewpoints. No advice about referral to the ACMA. No breach—correction of errors. No breach—substantive written response. TCN 2405 2009 Wimbledon Alleged advertising of an interactive Breach—licence condition in the Interactive TCN Channel Nine Tennis Championships gambling service. Gambling Act 2001*. Pty Ltd NSW TEN 2406 The Poker Star Alleged advertising of an interactive Breach—licence condition in the Interactive Network TEN (Sydney) gambling service. Gambling Act 2001*. Pty Ltd NSW ATV 2406 The Poker Star Alleged advertising of an interactive Breach—licence condition in the Interactive Network TEN gambling service. Gambling Act 2001*. (Melbourne) Pty Ltd Vic. GTV 2405 2009 Wimbledon Alleged advertising of an interactive Breach—licence condition in the Interactive General Television Tennis Championships gambling service. Gambling Act 2001*. Corporation Pty Ltd Vic. GTV 2416 A Current Affair False and misleading information Breach—advice to telephone complaint. General Television about LED television screens. 10/02/2010 No breach—accuracy. Corporation Pty Ltd Issues when making a telephone complaint. Vic. No breach—substantive written response. Late response to written complaint. GTV 2468 Channel Nine News Incorrect reportage of attendance Breach—accuracy. General Television figures at sporting event. 28/03/2010 No breach—correction of errors. Corporation Pty Ltd Vic. GTV 2507 A Current Affair Response addressed only one of three Breach—accuracy. General Television broadcasts complained of. 28/03/2010 No breach—correction of errors. Corporation Pty Ltd Vic. BTQ 2378, 2381, ‘Streets Paddle Pop Alleged breaches of the Children’s No finding—premium offer*. Channel Seven 2382, 2383 Lick-a-Prize’ Television Standards 2005 and 2009. Breach—repetition of advertisements during Brisbane Pty Ltd and 2384 advertisement C period*. QLD No breach—no advertisements broadcast during P periods*. QTQ 2405 2009 Wimbledon Tennis Alleged advertising of an interactive Breach—licence condition in the Interactive Queensland Television Championships gambling service. Gambling Act 2001*. Ltd Qld QTQ 2450 60 Minutes Inaccurate claims about the history Breach—accuracy. Queensland Television of the Australian flag. 25/04/2010 Breach—substantive written response. Ltd No response to complaint. Qld RTQ 2457 Australia’s Funniest G-classified program allegedly Breach—substantive written response. WIN Television Qld Home Videos contained depictions of violence. No breach—television classification guidelines. Pty Ltd 03/04/2010 Complaints-handling. Qld TVQ 2406 The Poker Star Alleged advertising of an interactive Breach—licence condition in the Interactive Network TEN gambling service. Gambling Act 2001*. (Brisbane) Pty Ltd Qld TVQ 2379, 2385, ‘Streets Paddle Pop Alleged breaches of the Children’s No finding—premium offer*. Network TEN 2386, 2387 Lick-a-Prize’ Television Standards 2005. Breach—repetition of advertisements during (Brisbane) Pty Ltd and 2388 advertisement C period*. Qld No breach—no advertisements broadcast during P periods*. 12 acma investigations Investigation Station number Program or issue Substance of complaint Outcome ADS 2406 The Poker Star Alleged advertising of an interactive gambling Breach—licence condition in the Interactive Network TEN service. Gambling Act 2001*. (Adelaide) Pty Ltd SA ADS 2379, 2385, ‘Streets Paddle Alleged breaches of the Children’s No finding—premium offer*. Network TEN 2386, 2387 Pop Lick-a-Prize’ Television Standards 2005. Breach—repetition of advertisements during (Adelaide) Pty Ltd and 2388 advertisement C period*. SA No breach—no advertisements broadcast during P periods*. NEW 2406 The Poker Star Alleged advertising of an interactive Breach—licence condition in the Interactive Network TEN gambling service. Gambling Act 2001*. (Perth) Pty Ltd WA NEW 2379, 2385, ‘Streets Paddle Alleged breaches of the Children’s No finding—premium offer*. Network TEN 2386, 2387 Pop Lick-a-Prize’ Television Standards 2005. Breach—repetition of advertisements during (Perth) Pty Ltd and 2388 advertisement C period*. WA No breach—no advertisements broadcast during P periods*. DTD 2405 2009 Wimbledon Alleged advertising of an interactive Breach—licence condition in the Interactive Darwin Digital Television Tennis Championships gambling service. Gambling Act 2001*. Pty Ltd NT NTD 2405 2009 Wimbledon Alleged advertising of an interactive Breach—licence condition in the Interactive Territory Television Tennis Championships gambling service. Gambling Act 2001*. Pty Ltd NT *Investigation against a licence condition. Non-breach findings: 28 Investigation Station number Program or issue Substance of complaint Outcome ATN 2378, 2381, ‘Streets Paddle Alleged breaches of the Children’s No finding—premium offer*. Channel Seven 2382, 2383 Pop Lick-a-Prize’ Television Standards 2005 and 2009. No breach—no repetition of advertisements (Sydney) Pty Ltd and 2384 advertisement during C periods*. NSW No breach—no advertisements broadcast during P periods*. ATN 2431 Channel Seven News Invasion of privacy and homophobia No breach—privacy. Channel Seven in revelations of a politician’s visit to 20/05/2010 No breach—dislike, contempt or ridicule against (Sydney) Pty Ltd a gay sex club. a person on grounds of sexual preference. NSW ATN 2452 Sunrise Privacy. No breach—appropriate regard when including Channel Seven images of dead or seriously wounded people. 07/06/2010 Regard to the feelings of relatives (Sydney) Pty Ltd and viewers when including images No breach—privacy. NSW of