Investigation Report No. 2886
ACMA file reference / ACMA2012/1305Licensee / Channel Seven Melbourne Pty Ltd
Station / HSV (7TWO), Melbourne
Type of Service / Commercial Television Service
Name of Program / Globe Trekker- Rio de Janeiro City Guide
Date of Broadcast / 18 August 2012
Relevant Legislation/Code / Broadcasting Services Act 1992
- Section 149
- Clause 2.4 (Classification of Other Material)
- Appendix 4 (Television Classification Guidelines – PG Classification)
Investigation conclusion
- No breach of clause 2.4 (Classification of Other Material) of the Commercial Television Industry Code of Practice 2010.
The complaint
On 28 September 2012, the Australian Communications and Media Authority (the ACMA) received a written complaint aboutGlobe Trekker. The program was broadcast by Channel Seven Melbourne Pty Ltd(HSV), on its multichannel service 7TWO,atapproximately 4.00pm on Saturday 18 August 2012.
The complaint alleged that the PG-classified program was provocative and sexual.
Not satisfied with the response provided by the licensee, the complainant forwarded the matter to the ACMA for investigation.
The program
The licensee describes the program as follows:
Globe Trekker is a long running travel series which visits popular tourist spots and some out-of-the-way destinations. Each episode visits a different site, discussing the typical cuisine and examines the local customs.
The episode of the program identified by the complainant featuresRio de Janeiro andwas classified Parental Guidance Recommended (PG). It was broadcast by HSV on 7TWO at approximately 4.00pm on Saturday 18 August 2012 in a PG time zone (5.00 am-8.30pm).
The licensee describes the episode as follows:
Some exotic destinations feature a special emphasis on local customs. On this occasion, the program featured the annual Carnival in Rio de Janeiro. The history of the Carnival dates back to 1723 and it is considered to be the biggest in the world. This famous parade is made up of displays from competing samba schools who exhibit their dancing and musical prowess, and who try to outdo one another with exotic costuming and elaborate floats. While overall the costumes are extensive and highly decorated, traditionally [...] dancers are [...] in brief or body revealing costumes.
The episode commenced with written on-screen and spoken consumer advice stating ‘The following program is classified PG. It contains some Nudity. Channel Seven recommends parental guidance for young viewers’.
Globe Trekker - Rio de Janeiro City Guide was produced in 1999. The episode runs for approximately 48:35 minutes (without commercial breaks). The episode is hosted by Ian Wright and features the highlights of his travel experiencesin Rio de Janeiro during a nine-day period. During the episode, the host is shown interviewing locals, using public transport, reviewing accommodation, engaging in activities such as hand-gliding and participating in a parade, and trying local cuisine.
Assessment
The assessment is based on a copy of the relevant broadcast provided to the ACMA by the licensee, as well as submissions from the complainant and the licensee.
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
2.4All 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) or, where applicable, the stricter requirements of Section 3: Program Promotions and Section 6: Classification and Placement of Commercials.
[…]
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.
[…]
3.2Sex and nudity: Visual depiction of and verbal reference to sexual activity must be restrained, mild in impact and justified by the story line or program context. Restrained visual depiction of nudity is permitted, but only where justified by the story line or program context.
Complainant’s submissions
On 28 September 2012, the complainant submitted to the ACMA that:
The programme began airing at 4:00pm. Most of all of the content before 5:00pm was acceptable as a PG rating. However a segment of the program around 5:00pm was considerably more provocative and I disagree with the response I received from Channel 7, considering the sexualizing of this segment.
This segment after the actual Carnival was completely unnecessary and depicted people cavorting in what could only be described as a sexual manner quite unsuitable for the time slot.
Licensee’s submissions
In its response to the complainant, dated 7 September 2012, the licensee stated:
In relation [to] Nudity in the PG classification, the Code does allow for the restrained visual depiction of nudity where justified by the program context. On this occasion, the documentary did contain brief depictions of nudity, however they were not presented in a sexual context and were justified by the cultural theme of the Carnival.
In its submission to the ACMA, dated 17 October 2012, the licensee stated:
[...]
We understand that the segments of concern to the complainant were those shown at the end of the episode, following the parade, as part of the Scala Gay Ball. Although the ball is not part of the parade it is still part of the cultural festivities of Annual Carnival Festival.
It is important to recognise the cultural significance of this Ball and in turn respect/understand the nudity, gaieties and behaviour presented within their cultural context, rather than a sexual context.
[...]
Globe Trekkers representation of this ball was not sexual, the images were not prolonged and the individuals who were depicted were not engaged in sexual acts – outside of dancing and enjoying the Ball in what is traditional and typical dress/costume. The highest level of “sexual” activity was the depiction of three women dancing together, where one can be seen to stick her tongue out. This scene is very short in duration and contains no sexual detail outside of dancing.
In addition the images/depictions were culturally educational and were presented in a manner that would not distress young viewers. These images are presented in the same way a traditional African or Indigenous bare breasted women might be shown performing a dance.
Finding
The ACMA finds that Channel Seven Melbourne Pty Ltd, in broadcasting the program Globe Trekker - Rio de Janeiro City Guide at 4.00 pm on 18 August 2012, did not breach clause 2.4 of the Commercial Television Industry Code of Practice 2010.
Reasons
According to the Code, 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.
Clause 3.2 of Appendix 4 states that visual depiction of and verbal reference to sexual activity must be restrained, mild in impact and justified by the story line or program context. Restrained visual depiction of nudity is permitted, but only where justified by the story line or program context.
The program is a travel guide which presents a factual account of Rio de Janeiro, as experienced by a tourist, including information about the cultural significance of Rio’s world famous carnival and Scala Gay Ball.
The complainant is concerned that the coverage of the Scala Gay Ball is ‘sexualised’. While the costumes and dance moves could be perceived asprovocative, there are no visual depictions or verbal references to sexual activity within the program.
Sexual references are limited, infrequent and used in reference to describing the festivities related to the carnival and the Scala Gay Ball only. The references are no more than mild in impact.For example, at 33:21 minutes, the host attends one of the most popular street parties for Rio’s transvestite community. Footage includes partygoers dressed in various costumes, including a person wearing a fake pair of breasts.The image appears on screen for approximately one second.
The program includes restrained visual depictions of nudity, which are justified by the program context. Nudity is limited to bare breast nudity (predominately medium long-shots and mid shots) and buttock nudity as many of the costumes include g-strings.
At approximately 37:00 minutes, the host participates in Rio’s carnival street parade. Footage includes brief depictions of topless females as they appear in costume and as they participate in the parade.
The voice-over includes the following (at approximately 39:00 minutes):
More than just a party, the carnival parade is a serious competition [...].
With up to five thousand dancers in each school the parade is an awesome spectacle, competing to outdo the others, floats, costumes and dance steps; the winning school is hailed as the pride of Brazil.
Each Samba school has a theme, often a political message or some social comment, but this could be hard to find among the thousands of glitzy costumes half-naked bodies and pulsating drums.
At approximately 45:00 minutes, the host attends the Scala Gay Ball. The accompanying voice-over includes the following:
Gay capital of South America, Rio’s carnival ball is a surreal and erotic event, where the women are women, and quite a lot of the men are too.
For approximately 1:50 minutes, there are shots of guests at the function. This footage includes some depictions of bare breast and buttock nudity. The camera angles used are for the most part medium or long shots and often include images of other guests, who are fully clothed or in non-revealing costumes. For example:
- at approximately 45:50 minutes, a medium long-shot shows an adult wearing a g-string and dancing
- at approximately 45:51 minutes, a close-up shot shows a number of guests wearing g-strings and dancing
- at approximately 46:05 minutes, a long shot shows a topless female briefly touching her bare breasts whilst dancing
The segment has been carefully presented and edited. The segment is filmed in a poorly lit environment and the footagealso appears grainy, which further lessens the level of detail and overall impact.
The festivities outlined above are not given any undue prominence in the episode. The carnival and the Scala Gay Ball are both presented as significant cultural events and their inclusion in the episode featuring a guide to Rio de Janeiro appears appropriate. Accordingly, the nudity is justified by the story line and program context. It is noted that the voice-over establishes this context.
It is considered that the sexual references and nudity have been carefully presented and are no more than mild in impact. Therefore, the program can be accommodated within the PG classification.
ACMA Investigation Report – Globe Trekker broadcast by HSV on 18 August 20121