Investigation Report No. 2749

File No. / ACMA2012/92
Broadcaster / Australian Broadcasting Corporation
Station / ABVVictoria
Type of Service / National Broadcaster
Name of Program / Tim Minchin vs The Sydney Symphony Orchestra
Date of Broadcast / 17 December 2011
Relevant Code / Clauses 7.1 and 7.7 of the ABC Code of Practice 2011
Date Finalised / 27 March 2012
Decision / No breach of clause 7.1 (harm or offence)
No breach of clause 7.7 (stereotypes or discriminatory content)

Background

  • The complaint concerns the programTim Minchin vs The Sydney Symphony Orchestrabroadcastby the Australian Broadcasting Corporation (the ABC) on 17December 2011.
  • Tim Minchin vs The Sydney Symphony Orchestra is a musical comedy program in which Tim Minchin sings satirical songs accompanied by theSydney Symphony Orchestra. The programwas recorded live at the Sydney Opera House and broadcast by the ABC.
  • Tim Minchin is an Australian comedian and musician whose songs are described on his website as:

His current songs span various musical styles and topics such as environmentalism, rationalism, prejudice(ism), logical fallacies(ism) and his amour de fromage et de boobs(ism).[1]

  • The program included songs, ‘The Pope Song’ and ‘White Wine in the Sun’. The lyrics of the songs are at Attachment A.
  • The complainant was concerned that ‘The Pope Song’ contained ‘abusive language about the Church and the Pope’; and, ‘White Wine in the Sun’ described ‘the atheists view that the individual owns everything, and the Christian believes he has everything on loan’.
  • The investigation has considered the licensee’s compliance with clauses 7.1 and 7.7 of the ABC Code of Practice 2011 (the Code):

7.1Content that is likely to cause [...] offence must be justified by the editorial content.

7.7Avoid the unjustified use of stereotypes or discriminatory content that could reasonably be interpreted as condoning or encouraging prejudice.

  • This assessment is based on a recording of the segment supplied to the ACMA by the ABC, submissions from the complainant and correspondence between the ABC and the complainant. Other sources used have been identified where relevant.

Issue 1: whether the licensee broadcast material which was likely to cause offence

Finding

The ABC did not breach clauses 7.1 of the ABC Code of Practice 2011.

Reasons

  • Clause 7.1 of the Code must be interpreted and applied in accordance with the overarching Principles of clause 7.[2] The Principles of clause 7 explain that the ABC’s function is to entertain diverse audiences and, among other things, encourage and promote innovative music content. This is in line with the objects of the Broadcasting Services Act 1992 to promote the availability of a diverse range of television services to audiences throughout Australia[3].
  • The Principles of clause 7 recognise that innovative content may offend some audience members and that the ABC should not broadcast content that is likely to offend without a clear editorial purpose.
  • The complainant is concerned that ‘The Pope Song’ contained ‘abusive language’.
  • The ABC has acknowledged that the song made deliberate use of repetitive coarse language, the purpose of which was to make the point that the behaviour being criticised, namely paedophilia, is more offensive that the language being used to criticise it.
  • Tim Minchin uses the lyrics of ‘The Pope Song’ to criticise members of the Catholic clergy who have engaged in paedophilia and the Pope for allegedly protecting those members of the clergy.
  • Tim Minchin has explained that the coarse language used in the song serves a purpose:

That song's actually an examination of what we find offensive. It challenges people who find that language more offensive than the [paedophilia]. I'm constantly outraged by that. If you listen to the song carefully, it justifies its language: this is the language you should use when you're angry at kiddie-fucking.[4]

  • The ACMA considers that coarse language was deliberately used in the song with the clear editorial purpose of challenging what viewers found offensive. In this regard, the coarse language formed a legitimate part of the song and was not gratuitous.
  • Even if an ordinary, reasonable listener considered that the song was likely to cause offence, the ABC provided information about the nature of the content through the use of a language warning broadcast at the beginning of the program. This language warning enabled audience members to make an informed choice about whether they would watch the program knowing it contained coarse language.
  • The ACMA acknowledges the complainant’s concerns about the program content, however, the Authority is satisfied that the use of coarse language is justified by the editorial context outlined above. The ACMA therefore finds that the ABC did not breach clauses 7.1 of the Code.

Issue 2: Whether stereotypes or discriminatory content was unjustifiably used

Finding

The ABC did not breach clause 7.7 of the Code.

Reasons

  • The Principles of clause 7 explain that context is an important consideration when deciding whether a breach of the standards has occurred.
  • The complainant is concerned that the song, ‘White Wine in the Sun’, ‘sums up the atheists view that the individual owns everything, and the Christian believes he has everything on loan’.
  • The issue in this case is whether an ordinary, reasonable viewer would have understood that the ABC unjustifiably used stereotypes or discriminatory content against Christians that could reasonably be interpreted as condoning or encouraging prejudice.
  • The ACMA considers that an ordinary, reasonable viewer would have understood the song, ‘White Wine in the Sun’, to be about Tim Minchin’s likes and dislikes about Christmas.
  • The song relevantly contained the following verses about Christians:

I don't go in for ancient wisdom
I don't believe just 'cos ideas are tenacious it means they are worthy
I get freaked out by churches
Some of the hymns that they sing have nice chords but the lyrics are dodgy

And yes I have all of the usual objections
To the miseducation of children who, in tax-exempt institutions,
Are taught to externalise blame
And to feel ashamed and to judge things as plain right and wrong
But I quite like the songs

  • The ACMA acknowledges that the lyricsabout Christiansoffended the complainant; however, the ACMA does not consider that the comments could reasonably be interpreted as condoning or encouraging prejudice against Christians.In this regard, the comments did not serve to urge or inflame viewers to form an unfavourable opinion or feeling towards Christians.
  • Further, the ACMA considers that the ordinary, reasonable viewer would not have understood that they were being persuaded to discriminate against Christians in the context of a satirical song.
  • The ACMAis satisfied that the material broadcast does not meet the high threshold test in the Code in regard to condoning or encouraging prejudice.
  • The ACMA finds that the ABC did not breach clauses 7.7 of the Code.

Attachment A

‘The Pope Song’

Fuck the motherfucker, fuck the motherfucker
Fuck the motherfucker, he's a fucking motherfucker
Fuck the motherfucker, fuck the fucking fucker
Fuck the motherfucker, he's a total fucking fucker
Fuck the motherfucker, fuck the motherfucker
Fuck the motherfucker, fucking fuck the motherfucker
Fuck the motherfucker, fuck the motherfucking Pope.
Fuck the motherfucker and fuck you, motherfucker
If you think that motherfucker is sacred
If you cover for another motherfucker who's a kiddie fucker
Fuck you, you're no better than the motherfucking rapist
And if you don't like the swearing that this motherfucker forced from me
And reckon it shows moral or intellectual paucity
Then fuck you, motherfucker this is language one employs
When one is fucking cross about fuckers fucking boys.

I don't give a fuck if calling the Pope a motherfucker
Means you unthinkingly brand me an unthinking apostate
This has not to do with other fucking Godly motherfuckers
I'm not interested now In fucking scriptural debate
There are other fucking songs and there are other fucking ways
I'll be a religious apologist on other fucking days
And the fact remains if you protect a single kiddie fucker
The Pope, or Prince or plumber you're a fucking motherfucker.

You see I don't give a fuck about what any other fucker believes about Jesus
And his motherfucking mother
I've no problem with the spiritual beliefs of all these fuckers
While those beliefs don't impact on the happiness of others
But if you build your Church on claims of fucking moral authority
And with threats of Hell impose it on others in society
Then you, you motherfuckers can expect some fucking wrath
When it turns out you've been fucking us in our motherfucking asses.

So fuck the motherfucker and fuck you, motherfucker
If you're still a motherfucking Papist
If he covered for a single motherfucker who's a kiddie fucker
Fuck the motherfucker he's as evil as the rapist.

And if you look into your motherfucking heart and tell me true
If this motherfucking stupid fucking song offended you
With its filthy fucking language and its fucking disrespect
If it made you feel angry go ahead and write a letter.

But if you find me more offensive than the fucking possibility
That the Pope protected priests while they were getting fucking fiddly
Then listen to me motherfucker this here is a fact:
You are just as morally misguided as that motherfucking, power hungry
Self-aggrandised bigot in the stupid fucking hat.

‘White Wine in the Sun’

I really like Christmas
It's sentimental, I know, but I just really like it
I am hardly religious
I'd rather break bread with Dawkins than Desmond Tutu, to be honest

And yes, I have all of the usual objections
To consumerism, the commercialisation of an ancient religion
To the westernisation of a dead Palestinian
Press-ganged into selling Playstations and beer
But I still really like it

I'm looking forward to Christmas
Though I'm not expecting a visit from Jesus

I'll be seeing my dad
My brother and sisters, my gran and my mum
They'll be drinking white wine in the sun
I'll be seeing my dad
My brother and sisters, my gran and my mum
They'll be drinking white wine in the sun

I don't go in for ancient wisdom
I don't believe just 'cos ideas are tenacious it means they are worthy
I get freaked out by churches
Some of the hymns that they sing have nice chords but the lyrics are dodgy

And yes I have all of the usual objections
To the miseducation of children who, in tax-exempt institutions,
Are taught to externalise blame
And to feel ashamed and to judge things as plain right and wrong
But I quite like the songs

I'm not expecting big presents
The old combination of socks, jocks and chocolate is just fine by me

Cos I'll be seeing my dad
My brother and sisters, my gran and my mum
They'll be drinking white wine in the sun
I'll be seeing my dad
My brother and sisters, my gran and my mum
They'll be drinking white wine in the sun

And you, my baby girl
My jetlagged infant daughter
You'll be handed round the room
Like a puppy at a primary school
And you won't understand
But you will learn someday
That wherever you are and whatever you face
These are the people who'll make you feel safe in this world
My sweet blue-eyed girl

And if, my baby girl
When you're twenty-one or thirty-one
And Christmas comes around
And you find yourself nine thousand miles from home
You'll know what ever comes
Your brother and sisters and me and your Mum
Will be waiting for you in the sun
Whenever you come
Your brothers and sisters, your aunts and your uncles
Your grandparents, cousins and me and your mum
We'll be waiting for you in the sun
Drinking white wine in the sun
Darling, when Christmas comes
We'll be waiting for you in the sun
Drinking white wine in the sun
Waiting for you in the sun
Waiting for you
Waiting

I really like Christmas
It's sentimental, I know.

ACMA Investigation Report 2749—Tim Minchin vs The Sydney Symphony Orchestra—ABV

[1] accessed on 9 February 2012.

[2] IV. Principles and Standards, ABC Code of Practice 2011.

[3]See section 3(1)(a) of the Act.

[4] accessed on 9 February 2012.