Investigation Report No. 2651 & 2652
ACMA file reference / ACMA2011/1493Licensee / Australian Capital Television Pty Ltd
Station / CTC (Ten Affiliate), Southern NSW
Type of Service / Commercial television broadcasting
Name of Program / Couch Time
The Office program promotion
Dates of Broadcast / July 2011 - Couch Time
6 August 2011 – The Office program promotion
Relevant Legislation/Code / Broadcasting Services Act 1992
- Section 149(1)
- clause 2.4 (Couch Time)
- clause 3.9.8 (Restrictions in PG programs in Certain Time Periods -Language)(The Office program promotion)
- Appendix 4 Paragraph 3 (The Parental Guidance Recommended (PG) Classification – language) [Couch Timeand The Office program promotion]
Investigation conclusion
- No breach of clause 2.4 (classification of other material) of the Commercial Television Industry Code of Practice 2010(Couch Time).
- No breach of clause 3.9.8 (Restrictions in PG Programs in Certain Time Periods - language) of the Commercial Television Industry Code of Practice 2010(The Office program promotion).
- No breach of Appendix 4 Paragraph 3 (The Parental Guidance Recommended (PG) Classification – language)) of the Commercial Television Industry Code of Practice 2010[Couch Timeand The Office program promotion].
The complaint
On 11 August 2011, the Australian Communications and Media Authority (ACMA) received a written complaint concerning the broadcast of the program Couch Time and the broadcast of a program promotion for The Office. The program and program promotion were broadcast by Australian Capital Television Pty Ltd (Capital), the licensee of CTC. Southern Cross Media is the responsible network.
Couch Time
The complainant states that the programCouch Timecontains language which is ‘highly offensive’, as a segment of the program contained the text ‘F-Ups!!!’ onscreen. The program was broadcast at various times across the day throughout the month of July.
The Office program promotion
In relation to the program promotion for The Office, the complainant states that the program promotion contains language which is ‘highly offensive’, because the text ‘WTF?’ is displayed onscreen.
The program promotion was broadcast throughout the month of July and more specifically, on Saturday 6 August 2011 at 1.49 pm.
The ACMA referred the complainant’s concerns to Southern Cross Media for response on 15August 2011. Southern Cross Media provided the complainant with a response on 18 August 2011. Not satisfied with the response provided by Southern Cross Media, the complainant forwarded the matter to the ACMA for investigation.
The program
Couch Time
Couch Timeis a television program which is broadcast intermittently in five-minute blocks across ELEVEN’s (CTC’s multi-channel) schedule. The program is presented by two adult males. The program is described on the ELEVEN websiteas follows:
Kick back with Labby and Stav as they present television’s greatest comedy hits. Including trivia, competitions and guest interviews, it’s like drive-time radio – for your TV[1].
Couch Time features a montage of clips comprising behind-the-scenes footage, including bloopers and humorous mishaps. The segment identified by the complainant runs for approximately 1:24 minutes and commences with an animated opening sequence which includes a full screen shot of the text:
COUCH tIMe F-UPS!!!
The text appears on screen for approximately fourseconds.
The Office program promotion
The official website for The Office provides the following description of the program:
From Deedle-Dee Productions, Reveille and Universal Television comes the multi-award-winning comedy series "The Office, “hilarious documentary-style look into the humorous and sometimes poignant foolishness that plagues the world of 9-to-5 in the half-hour comedy based on the award-winning BBC hit. A fly-on-the-wall "docu-reality" parody about modern American office life,...[2]
The program promotion is approximately 15 seconds in duration and includes a medium close-up of a female facing the camera and stating:
The unfair thing about working in sales is that your salary is almost all commission, so if you suck at sales, you make almost no money.
The text ‘WTF?’ appears on the left hand side of the screen (superimposed over the background), for approximately onesecond, just prior to the conclusion of the promotion.
The program promotion includes an ‘M’ classification marking (bottom left hand corner) at its commencement that remains on screen for approximately fiveseconds.
Assessment
The assessment is based on a copy of the relevant broadcasts provided to the ACMA by the licensee, a submission from the complainant and the letter of response provided by the licensee to the complainant dated 18 August 2011. A copy of the licensee’s letter of response was made available to the ACMA.
Relevant Provisions
The Commercial Television Industry Code of Practice 2010 ( the Code) contains the following provisions that are relevant in the matter raised by the complainant:
SECTION 2: CLASSIFICATION
Classification of Other Material
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 (set out in Appendix 4) [...]
SECTION 3:PROGRAM PROMOTIONS
Restrictions in PG Programs in Certain Time Periods
3.9Special restrictions apply to the content of program promotions in PG programs broadcast between 7:00pm and 8:30pm on weekdays and between 10:00am and 8:30pm on weekends. All such program promotions must comply with the PG classification requirements set out in paragraph 3 in Appendix 4 and in addition must include no material that involves any of the following:
3.9.1the use of guns, other weapons or dangerous objects against people or animals in the foreground;
3.9.2violence against people or animals which has more than a very mild impact;
3.9.3action sequences which include obvious loss of life;
3.9.4close-up vision of dead or seriously wounded people;
3.9.5any visual depiction of suicide or intended means of suicide;
3.9.6sexual behaviour other than of a very restrained kind;
3.9.7visual depiction of nudity, other than of a very restrained or incidental nature;
3.9.8coarse language, other than of a very mild nature;
3.9.9anything which has more than a mild sense of threat or menace.
[…]
Appendix 4: Television Classification Guidelines
The Parental Guidance Recommended (PG) Classification
3.Material classified PG may contain careful presentations of adult themes or concepts but must be mild in impact and remain suitable for children to watch with supervision.
[…]
3.3Language: Low-level coarse language may only be used infrequently, when justified by the story line or program context.
[...]
Complainant’s submissions
In correspondence to the ACMA, dated 11 August 2011, the complainant states that:
About a month ago Capitol Television viewed an ad for the show “The office”. The ad depicts a woman talking for a few minutes and then it crosses to 3 letters on the screen WTF and the ad finishes. I am sure you are aware what that means if not it is SMS slang for WHAT THE F....CK.’
[...]
‘Sure they don’t actually say WHAT THE F...CK but honestly what is the difference it still means the same. Channel 10 should not be allowed to put WHAT THE F...CK above the ad as it would be censored. So why are they allowed to do this and get away with it.’
[...]
‘They also have another ad where a couple of guys meet to talk and above that is F. UPS. Again F.CK UPS what is the difference that still means the same.’
[...]
‘Last Saturday 6th August Capitol showed that ad if not once over 8 to 10 times in a space of 3 ½ hours.
Licensee’s submissions
The licensee has stated that it sent a letter to the complainant dated 18 August 2011 regarding the programs. The letter contained the following relevant submissions:
Your correspondence refers to a program promotion for the series ‘The Office’ which displays the text “WTF”. You also refer to a segment of ‘Couch Time’ which displays the acronym “F-Ups”. Your complaint alleges that this material is inappropriate for the times they were broadcast’.
[...]
‘The promotion for The Office was viewed prior to its broadcast to ensure it was suitable for broadcast during PG classification zones. As a part of the promotion, the text “WTF” is briefly displayed at the end of the sequence, in response to the character’s comments. This acronym is used colloquially to mean ‘what on earth...?’ i.e. to express puzzlement at the character’s comments.
During the segment Couch Time the text ‘F-Ups’ is displayed colloquially to mean a ... ‘blooper, gaffe, fault or a blunder’.
In both above instances, the acronym is a reference to coarse language but is not in the aforementioned form considered to be unsuitable for the PG time zone. The full meaning of the term is not stated and is used in a humorous manner.
Given the absence of any detailed coarse language or sexual references, we consider the material is suitable for broadcast during PG time zones and complied with the Code’.
Finding
The ACMA finds that Australian Capital Television Pty Ltd complied with:
- clause 2.4 (Classification of other material) of the Commercial Television Industry Code of Practice 2010 (Couch Time);
- clause 3.9 (Restrictions in PG Programs in Certain Time Periods) of the Commercial Television Industry Code of Practice 2010( The Office program promotion); and
- Appendix 4 Paragraph 3 (The Parental Guidance Recommended (PG) Classification) of the Commercial Television Industry Code of Practice 2010 ( Couch Time and The Office program promotion),
in broadcasting TheOffice program promotion on 6 August 2011 and Couch Timein July 2011 during PG classification zones.
Reasons
Couch Time
The Code states that material (other than films) should be classified in accordance with the Television Classification Guideline (the Guidelines) set out in Appendix 4.
The program Couch Time was broadcast on CTC’s multi-channel, ELEVEN. Appendix 6: Multi-Channel Appendix, provides that content with a PG classification may be broadcast throughout the day on a licensee’s multi-channel. As Couch Time was broadcast throughout the month of July at various times, the ACMA has considered whether the program complied with the Parental Guidance Recommended (PG) Classification.
The Guidelines stipulate that content classified PG:
- may contain low-level coarse language but may only be used infrequently, when justified by the story line or program context;
- may contain careful presentation of adult themes or concepts but must be mild in impact and remain suitable for children to watch with supervision.
In assessing the impact of language, the frequency, tone and context of language will influence its impact. Certain context mitigates the impact of coarse language. For example, when coarse language is used in a neutral or humorous tone, it can be very mild in impact.
The complainant has identified concerns with the phrase ‘COUCH tIMe F-UPS!!!’. The single use of the phrase, at the commencement of the segment, for approximately fourseconds within a broadcast that runs for approximately 1:24 minutes is considered infrequent. It is considered to be within context and fits the purpose of the sequence as the segment comprises a video montage of mistakes, accidents and behind-the-scenes footage that appear to have taken place during the filming of the program Couch Time.
The textual reference is considered to be a careful presentationof implied coarse language in the form of an acronym. It is considered that the viewing impact is mild, as the implied coarse language is used in a non-aggressive manner to add humour to this segment.
The Office program promotion
In addition to the requirements for PG programs outlined in Appendix 4 Paragraph 3, the Code places additional restrictions on program promotions broadcast on weekends between 10.00am and 8.30pm in PG programs.
In particular, clause 3.9.8 states that program promotions must not include ‘coarse language, other than of a very mild nature’.
The program promotion for The Office displays the text ‘WTF?’.
The text appears, in the form of a question, just prior to the conclusion of the program promotion. The text appears on screen for approximately onesecond within a program promotion that runs for approximately 15 seconds.
The term ‘WTF’ is described in the online Macquarie Dictionary as follow:
WTF
Colloquial an abbreviation, originally in electronic messaging, used to indicate surprise,indignation, anger, etc. Also, WTF. [w(hat) t(he) f(uck)!][3].The term is an acronymand is used in this form in the program promotion. The text is not accompanied by an explanation or a verbal reference; rather it appears in its commonly used abbreviated form.
The term is considered to be sufficiently ambiguous and likely to pass over the understanding of a younger audience. Given the context in which the acronym was used the term can be explained to the younger audience without reference to coarse language.
The implied coarse language is considered to be very mild in viewing impact as it is juxtaposed with a scene from The Office to emphasise the comedic nature of the program. The light-hearted music which concludes the promotion mitigates the impact of the implied coarse language.
It is considered that the viewing impact is very mild, infrequent and justified by context.
ACMA Investigation Report – The Office program promotion broadcast by CTCon 6 August 2011
Couch Time broadcast by CTCin July 2011 1
[1] [accessed 5 October 2011]
[2] [accessed 5 October 2011]
[3] [Accessed on 5 October 2011]