Investigation Report No. 2816
ACMA file reference / ACMA2012/736Licensee / General Television Corporation Pty Ltd
Station / GTV, Channel Nine Melbourne
Type of Service / Commercial Broadcasting Service (Television)
Name of Program / The AFL Footy Show
Date of Broadcast / 3 May 2012
Relevant Legislation/Code / Broadcasting Service Act 1992
· Section 149
Commercial Television Industry Code of Practice 2010
· Clause 2.4 (Classification of all other material)
· Appendix 4 (Television Classification Guidelines – Mclassification)
Investigation conclusion
· No breach of clause 2.4 (Classification of all other material) of the Commercial Television Industry Code of Practice 2010.
The complaint
On 18 May 2012, the Australian Communications and Media Authority (the ACMA) received a written complaint about The AFL Footy Show. The episode identified by the complainant was broadcast by General Television Corporation Pty Ltd (GTV) on 3 May 2012.
The complaint alleged that the M-classified program contained an inappropriate depiction of drug use.
Not satisfied with the response provided by the licensee, the complainant forwarded the matter to the ACMA for investigation.
The program
The AFL Footy Show is an Australian sports program focusing on the Australian Rules Football League (AFL). The program provides reviews of past and upcoming matches between teams as well as interviews and commentary on events and players associated with the AFL. The AFL Footy Show was broadcast by the licensee on 3 May 2012 with an M classification and no consumer advice was provided.
Assessment
The assessment is based on a copy of the relevant broadcast provided to the ACMA by the licensee, submissions from the complainant and submissions from 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
2.4 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) [...]
Appendix 4: TELEVISION CLASSIFICATION GUIDELINES
[...]
The Mature (M) Classification
4. Material classified M is recommended for viewing only by persons aged 15 years or over because of the matter it contains, or of the way this matter is treated.
[...]
4.4 Drugs: Intravenous use of illegal drugs may not be shown in detail. The program must not promote or encourage the use of illegal drugs.
Complainant’s submissions
In correspondence to the licensee, date-stamped as received on 8 May 2012, the complainant stated the following:
We were horrified to see Sam Newman imitating drug use on The [AFL] Footy Show. There is no way using drugs is funny, what an example for young people to encourage them to break the law with often disastrous results. They went past what is acceptable for public viewing and we would ask that some action be taken to ensure this sort of thing does not occur again. With teenagers and young people in our household we will not be watching this show again and plan to follow up the football show on another channel. Many times we’ve had our doubts about Sam Newman but stayed loyal to the show but it appears he truly believes he is above the code of conduct and the law. There is no way his latest behaviour can be condoned.
In correspondence to the ACMA, received on 22 May 2012, the complainant stated the following:
Using drugs in any form should not be presented as just a bit of a giggle, its going too far to make a joke of breaking the law...let alone the damage drugs do to people lives. [...] are they just using the drugs as a prop for the notoriety and thus publicity this kind of irresponsible stunt brings. [...] Is there anything you can do to discourage this type of behaviour, for T.V. personalities to be seen acting this way with drugs is a very dangerous message to be sending
Licensee’s submissions
In the licensee’s letter to the complainant, dated 18 May 2012, the licensee states that:
The segment to which you refer to in your complaint is where Mr Sam Newman quotes from a newspaper article that “the AFL are now going to prohibit marijuana from being on the banned list of drug taking.”
Sam, in his persona of an out of touch footie tragic, was making fun of the idea of allowing marijuana to be taken off the ‘banned’ list and showing just how idiotic it would be as he proceeded to pretend to smoke drugs, making a fool of himself and clearly not encouraging the use of illegal drugs. The whole purpose of the skit was to ridicule the proposal by the AFL to remove marijuana off [its] list of prohibited substances. The message was one of anti-marijuana.
We believe that in this instance the matters you refer to in your complaint are justified by the fact that MrNewman was not encouraging the use of drugs and therefore the segment was within the classification guidelines. For this reason, we believe we have complied with the Code.
In the licensee’s comments to the ACMA, dated 15 June 2012, the licensee states that:
The satirical segment was in response to press of that week [...] in which the AFL Operations Chief, Adrian Anderson confirmed the AFL’s preference would be to have cannabis removed from WADA’s [World Anti-Doping Agency] list of banned match day performance-enhancing drugs, which the AFL observes.
[...]
We note that the sequence the subject of the complaint presented Sam Newman, in his regular persona of an out-of-touch ‘footie tragic’, who, in reference to the current news story, embraced the idea of taking marijuana off the ‘prohibited drugs’ list.
He proceeded to show, in his iconic satirical style, just how idiotic such an idea would be as he then pretended to smoke drugs out of a bong and began to make an even bigger fool of himself (the ‘footie tragic’) thus clearly illustrating the danger of such a move. The sight of a fifty plus man behaving like an idiot after one puff of supposed drugs (it was soon revealed to be green tea!) was clearly not encouraging the use of illegal drugs.
Finding
The ACMA finds that GTV Pty Ltd, in broadcasting The AFL Footy Show on 3 May 2012, did not breach clause 2.4 (Classification of all other material) of the Commercial Television Industry Code of Practice 2010.
Reasons
The Mature (M) Classification clause within the Code states that M-classified programs must not promote or encourage the use of illegal drugs.
The segment identified by the complainant starts with co-host Sam Newman commenting on reports that the AFL is considering removing marijuana from its list of banned substances. At time stamp 1:10:12, Mr Newman states:
Well, thank God [...] I’ve been waiting for the old marijuana to be taken off the prohibited [list]
as he places a water filtration smoking pipe (also known as a ‘bong’) and a clear plastic bag onto the desk. He then places his mouth over the top of the bong and holds a lighter up to the pipe. No substance can be seen in the pipe. Mr Newman inhales, producing visible air bubbles in the device, however no smoke is seen.
Co-hosts James Brayshaw and Gary Lyons are heard protesting off-camera. Mr Newman then states in a slurred voice:
My goodness me...wow...we might still get beaten but we don’t give a shit anymore, because we are allowed to smoke the ganja, by gee I’ve suddenly got hungry, you couldn’t give us a kilo of butterfly wings and a pretzel pie.... ah right tally ho boys, would you like a draw of it?
Mr Lyons then states:
Before people start texting in outrage, that is not... that is tea...Jim get the tea, it is a bag of tea, just relax everyone, Sam is trying to be a touch humorous, it is a long way from a good look.
The segment clearly deals with the issue of illegal drugs. The question, therefore, is whether the segment promotes or encourages the use of illegal drugs. During the segment, Mr Newman opposes the potential removal of marijuana from the prohibited substances list. He presents drug use in a negative light by suggesting cannabis use would have an adverse effect on players, by reducing their focus and desire to win. His confused expression, coughing and exaggerated foolishness highlight the negative impacts of marijuana smoking.
Accordingly, the broadcast did not promote or encourage drug taking. It is further noted that co-hosts state on two occasions that the substance in the bong is not marijuana but tea.
Given the above, the depiction of drug use within the 3 May 2012 broadcast of The AFL Footy Show did not promote or encourage the use of illegal drugs and therefore can be accommodated at the Mclassification.
ACMA Investigation Report – The AFL Footy Show broadcast by GTV on 3 May 2012 4