Investigation Report No. 2693

File No. / ACMA2011/1686
Broadcaster / ABC radio
Station / 4JJJ
Type of Service / National Broadcasting
Name of Program / Tom & Alex
Date of Broadcast / 19 September 2011
Relevant Legislation/Code / ABC Code of Practice 2011
Standards 7.1, 7.4 and 7.6
Date finalised / 24 January 2012
Outcome / The ACMA determines that the ABC did not breach standards 7.1, 7.4 or 7.6 of the ABC Code of Practice 2011.

Background

  • The Australian Communications and Media Authority (ACMA) received a complaint about an interview with the band ‘Bluejuice’, broadcast in the program, Tom & Alex, on 19 September 2011 by ABC, the broadcaster of 4JJJ. The complaint concerns comments made by the band members, which the complainant alleges, make sexual references to children and ‘one joke related to the sexual abuse of babies’.
  • Tom & Alex is a radio breakfast show broadcast on triple j on weekdays between 6 am – 9 am. The nature of this program’s content and style of presentation is revealed by the following description on the triple j website:

Both infertile, Tom and Alex will be waking you up for breakfast in 2011. Tune in for news, reviews, guests, music, carbon-neutral laughs and tasteful racism[1].

  • The comments complained about include the following:
  • [presenter] I don’t think girls would hate, like, even 15 year-old girls might like that

[bluejuice] More like if Steely Dan are interested in getting into them

  • ‘teabagging’.

The first comment was made after a Bluejuice band member stated they like to have ‘dad rock’ music playing while they walk on stage. The comment, ‘teabagging’ was made after the band member, Stav, talked about his new baby and made the comment, ‘It’s been good. Apart from the time when I show my son my balls and say ‘you came from there!!!’

  • The ACMA’s assessment of this broadcast is based on a recording of the interview provided to the ACMA by the ABC, the complaint, and correspondence between the ABC and the complainant.Other sources used have been identified where relevant[2].

Issue 1: Whether the content was likely to cause harm or offence and whether this was justified by the editorial context

Relevant Code clause

Standard 7.1 states:

7.1Content that is likely to cause harm or offence must be justified by the editorial context.

Finding

The ABC did not breach standard 7.1 of the Code.

Reasons

  • The content under consideration is commentsmade by band members that containsexual innuendo and references to young children. These comments were made in the editorial context of an interview on a radio breakfast program which targets young adults (18 – 24 year olds).
  • The ACMA acknowledges the sensitive nature of the complainant’s concerns and also notes the ABC Code’s principles on harmful or offensive content. These principlesstate that consideration of the nature of the target audience for particular content is part of assessing harm and offence in context; and what may be inappropriate or unacceptable in one context may be appropriate and acceptable in another.
  • The ABC acknowledges that the commentscomplained about were in ‘bad taste’ but submits that ‘the program’s target audience would be exposed to vulgar content of this sort and would probably expect some low-level vulgar content and coarse language on Triple j’.
  • The ACMA makes the following observations on the broadcast content and the editorial context in which it was used:
  • The comment ‘getting into’ suggests sexual intercourse, and ‘teabagging’ relates to an act involving male genitalia (though not necessarily sexual). However, these comments do not explicitly describe or encourage sexual activity or abuse of children.
  • Thesecomments are made spontaneously during the band members’ banter with each other and the program’s presenter. The reference to ‘teabagging’ is fleeting and was directed in a jesting manner towards Stav in response to his vulgar comment. Likewise, the comment, ‘getting into 15 year-old girls’ was directed to Steely Dan to deride this band in a light-hearted way.
  • The focus of the interview segment is Bluejuice and the comments convey the light-hearted banterbetween the band members. There is no discussion of sexual activity with children.
  • The tone of the interview segment is light-hearted. The band members’ comments are conveyed in the context of their jokes and banter with each other.
  • The program presenterslaugh at the comments but challenge them by stating, ‘Filth! Trash! Disgusting!’ The program presentersalso stop the interviewand state, ‘I have just turned off your mikes, we are going to settle down. We’re going to play a song’.

  • In the ACMA’s view, the comments made by Bluejuice and the presenters’ responses do not condone or encourage sexual activity with children or sexual abuse of babies. Although the comments are vulgar - and the ACMA accepts that some listeners would be offended by this content- this broadcast contentwas not likely to cause offence to the usual target audience who would be aware of the style and humour used inTom & Alex.
  • The ACMA is satisfied that the use of this content was justified by thiseditorial context.

Issue 2: Whether the broadcaster took appropriate steps to mitigate the harm or offence

Relevant Code clause

Standard 7.4 states:

7.4If inadvertent or unexpected actions, audio or images in live content are likely to cause harm or offence, take appropriate steps to mitigate.

Finding

The ABC did not breach clause 7.4 of the Code.

Reasons

  • The ACMA notes the interview segment was live audio content and the comments complained about were ‘unexpected audio’ broadcast during this interview. The comments were spontaneously made during the banter between the band members.
  • As indicated above at Issue 1, the presenters challenge these comments with the responses, ‘Two minutes in!’, ‘Filth! Trash! Disgusting!’ The presenters also stop the interview – demonstrated by the comment, ‘I have just turned off your mikes, we are going to settle down. We’re going to play a song’.
  • Although the presenters laugh during the interview and use a humorous tone when they challenge the band members’ comments, the ACMA is satisfied that the presenters took appropriate steps to mitigate any likely offence which was caused by these comments.

Issue 3: Whether the content may lead to dangerous imitation or exacerbate serious threats to the safety or welfare of children

Relevant Code clause

Standard 7.6 states:

7.6Where there is editorial justification for content which may lead to dangerous imitation or exacerbate serious threats to individual or public health, safety or welfare, take appropriate steps to mitigate those risks, particularly by taking care with how content is expressed or presented.

Finding

The ABC did not breach clause 7.6 of the Code.

Reasons

  • The ACMA is of the view that the broadcast content complained about does not evoke the requirement for the ABC to mitigate risks of dangerous imitation or serious threats to children’s welfare.
  • In the context of the band members’ banter, the comment ‘teabagging’ does not explicitly encourage this act.Although sexual innuendo is conveyed by the comment ‘getting into’ 15 year-old girls, this was also made in a jesting manner directed towardsSteely Dan.
  • In the context of the interviewas a whole, the ACMA is not satisfied that these commentsmay lead to dangerous imitation of sexual activity with children or exacerbate serious threats to children’s welfare.
  • Accordingly, the ABC was not required to take appropriate steps to mitigate these risks, such as taking care with how content was expressed or presented.

ACMA Investigation Report – Tom & Alex broadcast by 4JJJ on 19 September 20111

[1] - accessed by the ACMA on 14 October 2011.

[2]The definition of ‘teabagging’ was obtained from – accessed by the ACMA on 22 October 2011 which is ‘the insertion of one man’s sack into another person’s mouth. Used as a practical joke or prank, when performed on someone who is asleep, or as a sexual act.