Investigation Report No. 3127

File No. / ACMA2013/1508
Licensee / Radio Albury Wodonga Cooperative Society Ltd
Station / 2REM
Type of Service / Community radio broadcasting
Name of Program / Easy Listening
Date of Broadcast / 11 August 2013
Issues /
  • Offensive language
  • Complaints handling

Relevant Codes / Code 3.2 of the Community Radio Broadcasting Codes of Practice 2008
Code 7.3(b) and (c) of the Community Radio Broadcasting Codes of Practice 2008
Date finalised / 16 January 2014
Decision / Breach of Code 3.2 of the Community Radio Broadcasting Codes of Practice 2008
Breach of Code 7.3(b) and (c) of the Community Radio Broadcasting Codes of Practice 2008

The complaint

On 18 October 2013, the Australian Communications and Media Authority (the ACMA) received a complaintthat on Sunday 11 August 2013 at approximately 4:20pm, the licensee of community radio broadcasting station 2REM, Community Radio Albury Wodonga Cooperative Society Ltd (2REM), broadcast a song contain offensive lyrics, followed by inappropriate comments by the announcer. The complainant also stated that 2REM had failed to adequately respond to their complaint.

The service

2REM commenced providing a licensed community radio broadcasting service in the Albury RA2 licence area in April 1980. Its current licence is due to expire on 9 January 2017.

The Albury RA2 licence area comprises the local government areas of Albury and Wodonga. It also includes sections of the local government areas of Indigo and Towong and the shires of Corowa and Greater Hume.

The program

The Easy Listening program broadcast by 2REM is a music based program consisting of easy listening music and remarks and comments by the announcer.The song titled, I’m a Wanker, was broadcast at approximately 4:20 pm on Sunday 11 August 2013 and followed by comments from the announcer.

Assessment

The ACMA’s assessment is based on written submissions from the complainant (dated 18 October 2013) and from 2REM (dated 12 November 2013), as well as a copy of the broadcast provided to the ACMA by 2REM.

Complainant’s submissions

The complainant advised the ACMA that:

  • on Sunday 11 August 2013 at approximately 4:20pm, 2REM broadcast a song, titled, I’m a Wanker, that contained crude and offensive lyrics and was not appropriate for broadcast at that time of day;
  • the announcers comments following the song were inept; and
  • the station failed to constructively respond to the complaint.

In making the complaint to 2REM, the complainant made the following statements:

  • I wish to register my complaint in the strongest possible terms about the broadcasting of a so called song by an announcer on your station;
  • upon completion of the offensive song the announcer made the comment along the lines ‘and I don’t want to hear any complaints; we are all grown up’; and
  • three of my four local grandchildren were with us visiting... The eldest aged eight came and asked what a ‘wanker’ was and also asked how do you play ‘pud’, can we have a game.

Licensee’s submissions

The licensee stated that:

  • an oversight by one of our volunteers resulted in the original letter to the complainant not being posted, but inadvertently filed;
  • 2REM has now sent the original letter and further correspondence to the complainant, offering a sincere apology for the offence caused by the original broadcast and for the subsequent oversight;
  • 2REM does not condone this type of behaviour from its presenters;
  • the presenter has been suspended for one month and given a severe warning by the 2REM board of directors; and
  • the song has been removed from the 2REM computer system.

The licensee provided a copy of the broadcast of 11 August 2013. The song, I’m a Wanker, appears to be a satirical piece about masturbation. At the end of the song, the announcer states, ‘No complaints please. We’re all grownups, aren’t we?

Issue 1: offensive language

Relevant provisions of the Community RadioBroadcasting Codes of Practice 2008

Code 3: General programming

[...]

3.2We will attempt to avoid censorship where possible. However, in our programming decisions we will consider our community interest, context, degree of explicitness, the possibility of alarming the listener, the potential for distress or shock, prevailing Indigenous laws or community standards and the social importance of the broadcast.

Finding

The licensee breached Code 3.2 of the Community Radio Broadcasting Codes of Practice 2008(the Codes).

Reasons

The Codes state that censorship is to be avoided where possible. This is tempered somewhat by the considerations to be taken into account in making programming decisions.

The complainant has identified coarse language and offensive lyrics in the song broadcast and comments by the announcer. There are 42 references to ‘wanking’ and nine to ‘pulling my pud’ in the song. The word ‘bloody’ is used nine times in the song. The language and song lyrics are not overly explicit but they are highly repetitious. The comments by the announcer immediately after the song, suggest that he understood that the song may cause offence to some listeners. The announcer’s comments also have the potential to cause further offence to listeners by dismissing what may be genuine concerns of some listeners.

In deciding whether or not to broadcast the song, the Codes require that the licensee consider its community interest, in this case, the general community in the licence area. At 4.20pm on a Sunday afternoon the licensee could reasonably expect that children might be listening. In the context of a Sunday afternoon, easy listening program, the theme of the song and itsoffensive lyrics have the potential to alarm and shock some listeners, being entirely out of character with the rest of the program. Prevailing community standards would dictate that offensive language should generally not be broadcast when children are listening, particularlyif broadcast without warning, and then only if the language is very mild in intensityor the broadcast is of some social importance. There is no evidence that 2REM gave due regard to these considerations prior to the broadcast of the song, contrary to the requirements of the Codes.

Issue 2: Complaints handling

Relevant provisions of Community Radio Broadcasting Codes of Practice 2008

Code 7: Complaints

7.3 We will ensure that:

[...]

(b) complaints will be conscientiously considered, investigated if necessary, and responded to substantively as soon as possible

(c) complaints will be responded to in writing within 60 days of receipt, as required by the Act, and the response will include a copy of the Codes

Finding

The licensee breached Code 7.3(b) and 7.3(c) of the Community Radio Broadcasting Codes of Practice 2008.

Reasons

Code 7.3(b)

It appears that the licensee did consider the substance of the complaint as it had advised the complainant it would when it first acknowledged receipt of the complaint on 14 August 2013. This consideration occurred during a meeting of the 2REM board of directors on 19 August 2013 and resulted in the presenter being given a severe warning and suspended for one month. It appears that the complaint was conscientiously considered by the licensee.

The licensee provided the ACMA with a copy of a substantive response to the complainant that it had prepared and dated 22 August 2013. The letter advised of the outcome of 2REM’s consideration of the complaint, apologising for any offence caused and noting the action taken against the announcer. However, because of a failure with 2REM’s internal procedures the letter was not sent to the complainant as soon as possible, as required under the Code, but rather it was placed on an internal file.

This initial failure to respond was exacerbated when the licensee did not recognise its error when it received follow-up correspondence from the complainant dated 27 August 2013 asking when a substantive response to the complaint would be provided.

Code 7.3(c)

A complaint has not been responded to until the complainant has been advised of the outcome of the licensee’s consideration of the complaint. The 60 day timeframe is not a timeframe in which simple written acknowledgement of receipt of the complaint sufficient.

The complaint to the licensee was dated 11 August 2013. A holding response was sent by the licensee to the complainant on 14 August 2013. However, mismanagement of the complaint within 2REM led to the failure to provide a full response to the complainant with 60 days.

The licensee became aware of its failure to provide asubstantive response to the complainant upon the commencement of the ACMA’s investigation. The ACMA notes that 2REM subsequently provided the complainant with a full and substantive response on 8 November 2013. The ACMA notes, however, that the licensee’s response to the complainant did not include a copy of the Codes.

ACMA Investigation Report – I’m a Wankerbroadcast by 2REM on 11 August 20131