Investigation Report No. 2610
ACMA file reference / ACMA2011/1093Licensee / WIN Television VIC Pty Ltd
Station / VTV, Victoria
Type of Service / Commercial Television
Name of Film / Mogambo
Date of Broadcast / 5 March 2011
Relevant Legislation/Code / Broadcasting Service Act 1998
- Section 149
- Clause 2.3(Classification of films)
Finding
- No breach of clause 2.3 (classification of films) of the Commercial Television Industry Code of Practice 2010.
The complaint
On 8 June 2011 the Australian Communications and Media Authority (ACMA) received a written complaint about a film titled Mogambo which was broadcast byWIN Television VIC Pty Ltd(VTV) on 5 March 2011.
The complainant states that the film contains an ‘onscreen shooting of animal...’.
Not satisfied with the response provided by the licensee, the complainant forwarded the matter to the ACMA for investigation.
The program
Mogambois a 1953 feature film starring Clark Gable and Grace Kelly. The film is set in the savannahs of Africa and revolves around a big game hunter who becomes romantically involved with two different females. The film includes depictions of various native African animals, with visuals of the hunt, capture and killing of some animals within the context of the film’s setting and narrative.
The film was classified PG with the classification and consumer adviceof adult themes (text and voice-over) provided at the commencement of the film on 5 March 2011 at 2.30 pm.
Assessment
The assessment is based on a copy of the relevant broadcast provided to the ACMA by the licensee. Mogambo was provided in two parts (on one DVD) and included moments of blank black screens at regular intervals. In addition, the assessment is based on the submissions from the complainant and licensee, and a copy of the Classification Board report for the film.
Relevant Provisions
TheCommercial Television Industry Code of Practice 2010(theCode)contains the following provisions that are relevant in the matter raised by the complainant:
Classification of Films
2.3. Films: are classified according to the National Classification Board Guidelines.
The Guidelines for the Classification of Films and Computer Games (the Guidelines) contain the following provisions that are relevant in the matter raised by the complainant:
PG – Parental Guidance
Impact test
The impact of the classifiable elements for material classified PG should be no higher than mild.
[...]
Importance of context
Context is crucial in determining whether a classifiable element is justified by the story-line or themes.
[...]
Classifiable elements
Themes
The treatment of themes should generally have a low sense of threat or menace and be justified by context.
Consumer Advice for Certain Programs
[...]
2.20.2 Consumer advice is mandatory for all PG films (as the term film is defined in
clause 2.3.3).
[...]
Complainant’s submissions
In the complainant’s correspondence with the licensee, dated 5 March 2011, the complainant states that:
‘A black big cat was actually shot and killed in the making of this film and this killing was actually shown as part of the 'entertainment'.
When a woman put a cat in a bin recently she incurred the wrath of the world.
Everyone associated with this broadcast of Mogambo is demeaned by the showing of this killing. Surely snuff movies are illegal?
I feel that some law, as well as the code has been broken.’
In the complainant’s correspondence with the ACMA on 8 June 2011, the complainant states that:
‘A big cat - a panther? Was shot onscreen as part of the 'entertainment' (how many panthers were shot before the 'shot' was right?) Win's excuse was that this was a long time ago....’
Licensee’s submissions
The licensee in itsresponse to the complainant, dated 2 April 2011,stated that:
[...]
‘The Movie is the 1953 Movie starring Clarke Gable, Ava Gardner and Grace Kelly. It was classified PG and contained Adult Themes. At the commencement of the Movie Consumer Advice and a Viewer Warning regarding the content of the Movie was broadcast. We note that this broadcast was 58 years after the movie was made.
We do not believe that the broadcast of the Movie was illegal, it was broadcast in accordance with the Commercial Television Industry Code of Practice.’
[...]
Finding
The ACMA finds that the licensee complied with clause 2.3 of the Code by broadcasting Mogambo with a PG classification and the consumer advice of ‘Adult themes’ on 5 March 2011.
Reasons
The Code states that films should be classified in accordance with the Guidelines.
The Guidelines, stipulate that for content classified PG:
- The impact test of the classifiable element for material classified PG should be no higher than mild;
- The treatment of themes should generally have a low sense of threat or menace; be justified by context.
Mogambo includesreferences and depictions relating to the hunting, capture and killing of African native animals within the context of a love story that takes place in the savannahs of Africa.
The Classification Board classified the film MogamboPG with the consumer advice of ‘Adult themes’ on 11 November 1992.
At approximately 46:27, minutes a female character is shown falling into a trap. The camera focuses on a black leopard. The scene is accompanied by the sound effect of female’s scream and the leopard’s growl. The camera cuts to focus on the leopard walking along a branch presumably towards the trapped female. The camera subsequently cuts to focus on the lead male character(Clark Gable)aiming and implicitly shooting the leopard. The leopard is seen to stumble and fall from the branch.The female is rescued.
The scene is approximately 30 seconds in duration. There are no visual depictions of the leopard following its fall from the branch.There is no injury or blood detail shown.
At approximately 1:55:17 hours (32 minutes within the second part of the film), a gorilla is shown threatening to attack a male character. The camera focuses on a charging gorilla. The camera cuts to a male character screaming for assistance and then cuts to the lead male character(Clark Gable) who is shown to fire a single shot. It is implied that this is at the charging gorilla. The gorilla is depicted moving away from the male characters. The male is rescues. The subsequent scene depicts the shooter, who is clearly distressed, standing over the gorilla’s lifeless corpse. There is a very brief close up of the gorilla.
The scene is approximately 30 seconds in duration.
It is considered that the viewing impact of the two scenes is mild given the lack of visual depictions of injury, the age and stylised nature of the film, the absence of blood detail and the brevity of the two scenes.
The Guidelines state that ‘Context is crucial in determining whether a classifiable element is justified by the storyline or themes... This means that material that falls into a particular classification category in one context may fall outside it in another’.
The scenes noted above are considered to have a low sense of threat or menace when placed in the context of a film set in the African wildernessrevolving around the life of a big game hunter in Africa in 1953. The scenes which depict the killing of the gorilla and the leopard are considered to be within the context of the narrative.
ACMA Investigation Report – Mogambo broadcast by VTV on 5 March 2011