Investigation Report No. 2827
ACMA file reference / ACMA2012/794Licensee / Prime Television (Northern) Pty Ltd
Station / NEN, Northern New South Wales
Type of Service / Commercial Broadcasting Service (Television)
Name of Program / Commercial for erectile dysfunction treatments
Date of Broadcast / 4 May 2012
Relevant Legislation/Code / Broadcasting Services Act 1992
- Section 149
- Clause 2.4 (Classification of all other material)
- Clause 3.9 (Restrictions in PG Programs in certain time periods)
- Clause 6.4 (Compliance requirements)
- Clause 6.6 (Classification and placement of commercials)
- Clause 6.26 (Commercials in G programs between 7.00pm and 8.30pm)
- Appendix 4 (Television Classification Guidelines – PG classification)
Investigation conclusion
- No breach of clause 6.4 (Compliance requirements) of the Commercial Television Industry Code of Practice 2010.
- No breach of clause 6.6 (Classification and placement of commercials) of the Commercial Television Industry Code of Practice 2010.
- No breach of clause 6.26 (Commercials in G programs between 7.00pm and 8.30pm) of the Commercial Television Industry Code of Practice 2010.
The complaint
On 18 June 2012, the Australian Communications and Media Authority (the ACMA) received a written complaint, via email, about a commercial for erectile dysfunction treatments. The commercial was broadcast by Prime Television (Northern) Pty Ltd (NEN) on 4 May 2012.
The complainant alleged that the placement of the commercial during a G-classified program was inappropriate, as the commercial contained adult themes.
Not satisfied with the response provided by the licensee, the complainant forwarded the matter to the ACMA for investigation.
The commercial
The commercial features an adult couple doing ordinary household chores in their backyard.
The opening scene depicts the couple gardening in their backyard. The couple lock eyes and the female brushes a leaf out of the male’s hair. The couple embrace, pressing their foreheads together. In the background, a timber shed transforms into a large canvas tent. The accompanying voiceover states, ‘An everyday moment can turn romantic anytime’.
The subsequent shots depict the couple walking through their backyard towards an adjoining bushland. A wooden bridge magically appears before them; they cross it and begin to collect firewood. In the background, their house transformsinto bushland. The voiceover states, ‘When it does, men with erection problems can be more confident in their ability to perform, anytime’.
The following shot depicts the couple sitting next to a campfire at dusk. The voiceover states, ‘Ask your doctor about erection medications that may allow you to be ready, anytime’.
The commercial closes withtextual information on a white background, including the address of the company and the domain name associated with the commercial. The voiceover states, ‘For more information on erection problems, visit ReadyAnytime.com.au’.
The commercial was broadcast by the licensee at 7.56pm on 4 May 2012, in a break within the Gclassified program Better Homes and Gardens.
The commercial was classified PG by Free TV Australia[1] and broadcast during a PG classification zone.[2]
Assessment
The assessment is based on a copy of the relevant broadcast provided to the ACMA by the licenseeand submissions from the licensee and the complainant.
Relevant provisions
The Commercial Television Industry Code of Practice 2010 (the Code) contains the following provisions that are relevant to the matters raised by the complainant:
SECTION 2: CLASSIFICATION
[...]
Classification of Other Material
2.4All other material for broadcast: Subject to Clause 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) or, where applicable, the stricter requirements of Section 3: Program Promotions and Section 6: Classification and Placement of Commercials.
[...]
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 a very restrained kind;
3.9.7visual depiction of nudity, other than 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.
[...]
SECTION 6: CLASSIFICATION AND PLACEMENT OF COMMERCIALS AND COMMUNITY SERVICE ANNOUNCEMENTS
[...]
Compliance Requirements
6.4A commercial or community service announcement must comply with:
6.4.1Section 2: Classification;
6.4.2when broadcast in breaks within or between programs in G viewing periods, the additional requirements of Clause 3.8, and when broadcast in the circumstances set out in Clauses 6.26-6.28, the relevant additional requirements of those clauses;
[...]
Classification of Commercials or Community Service Announcements
6.6A commercial or community service announcement must be given a television classification appropriate to its content, and subject to Clause 2.5, broadcast at a time that its classification allows.
6.6.1In classifying such material, contextual factors such as brevity, the absence of substantial context, and the inability in practice to precede an item with a warning need to be taken into account.
6.6.2It is not necessary to display the classification of a commercial or community service announcement.
[...]
Commercials or Community Service Announcements in G Programs Between 7.00pm and
8.30pm
6.26In breaks within or between G programs broadcast between 7.00pm and 8.30pm, commercials and community service announcements must comply with the requirements of the PG viewing period and with the additional restrictions in Clause 3.9.
[...]
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.
[...]
3.6Themes:The treatment of social and domestic conflict and other themes that are directed to a more adult audience should be carefully handled and mild in impact.
Complainant’s submissions
In correspondence to the licensee, dated 4 May 2012, the complainant stated the following:
The placement of an advertisement for erection treatments during prime-time evening television – before 8pm – seems highly inappropriate. We have two young daughters and we were very upset to see such an advertisement appearing when they were watching what was otherwise a G rated program. It is not a topic we want to be discussing or explaining with our young daughters.
In correspondence to the ACMA, dated 18 June 2012, the complainant stated the following:
During [a] G-rated television program, my wife and I were deeply concerned to see an ad for erectile dysfunction treatments. We have two little girls and made the judgement based on the program rating that it would contain only materials suitable for them to watch. The program rating in no way informed us that an ‘adult themes’ ad (rated PG according to the station’s reply) would appear. If the ad was placed according to the current Code of Practice, I believe the Code is flawed and needs modifying.
It seems reasonable for parents to expect that ads should be placed not only in accordance with the time slot but also only in accordance with the rating of the program during which they are being shown within.
[...]
Licensee’s submissions
In correspondence to the complainant, dated 9 May 2012, the licensee stated the following:
[...]
This commercial was classified ‘PG’ by Free TV Australia. The Code states that a ‘PG’ commercial may be scheduled:
-Weekdays between 8:30am to 4:00pm and 7:00pm to 6:00am
-Weekends 10:00am to 6:00am
The program in question Better Homes and Gardens is a ‘G’ (general classification) rated program and commenced at 7:30pm Friday 4th May. The commercial was placed in accordance with the Code at 7:56pm.
[...]
Finding
The ACMA finds that Prime Television (Northern) Pty Ltd, in broadcasting a commercial for erectile dysfunction treatmentson4 May 2012, did not breachclauses 6.4 (Compliance requirements), 6.6(Classification and placement of commercials) or 6.26 (Commercials in G programs between 7.00pm and 8.30pm) of the Commercial Television Industry Code of Practice 2010.
Reasons
The complainant is concerned that the placement of the commercial during a G program was inappropriate, as the commercial contained adult themes.
The commercial was classified PG and broadcast during a PG classification zone. Therefore, it must comply with the requirements of the PG classification, as set out at Appendix 4 of the Code.
As the commercial was broadcast during a G program between 7.00pm and 8.30pm, it must also comply with the more stringent requirements set out at clause 3.9 of the Code.
The Code states that material classified PG must be suitable for children to watch with adult supervision. The treatment of themes that are directed to a more adult audience should be carefully handled and mild in impact.
In classifying commercials, contextual factors – such as brevity, the absence of substantial context and the inability to precede an item with a warning – must be taken into account.
The commercial contains references to medical themes, specifically erectile dysfunction. The references are predominantly verbal, including use of the terms ‘erection problems’ and ‘erection medications’ and the more discreet phrase ‘ability to perform’. The theme is also indirectly referenced visually, through depictions of an adult couple exchanging flirtatious glances and embracing (the implicationbeing that the romantic moments shared by the couple may lead to sexual activity at a later time).
The verbal references are brief and lack detail – there are no explicit references to sexual activity or male genitalia – and the language used is reserved. The accompanying visual references are very discreet. No sexual activity is depicted.
The short duration of the commercial, and the resulting absence of more detailed information or context, mitigates the impact of the content.
The ACMA has also considered the more stringent requirements set out at clause 3.9 of the Code, specifically that the material must not include any sexual behaviour other than of a very restrained kind.
For the reasons noted above, it is considered that the medical theme is carefully handled, very restrained and does not exceed a mild impact. Accordingly, the commercial can be accommodated at the PG classification and broadcast time.
ACMA Investigation Report – Commercial for erectile dysfunction treatmentsbroadcast by NENon 4May2012 1
[1] Free TV Australia provides commercial and infomercial classification services for advertisers, agencies and production houses.
[2] 7.00 pm to 8.30 pm on weekdays is a PG classification zone under clause 2.9 of the Commercial Television Industry Code of Practice 2010.