Investigation Report No. 3150
File No. / ACMA2013/1675Licensee / Channel Seven Adelaide Pty Ltd
Station / SAS, Adelaide
Type of Service / Commercial Television Service
Name of Program / The Morning Show
Date of Broadcast / 20 September 2013
Relevant Legislation/Code / Broadcasting Services Act 1992
- Section 149
- Clause 2.4 (Classification of Other Material)
- Appendix 4 (Television Classification Guidelines – PG classification)
- 3.2 Sex and nudity
Decision Date / 24 January 2014
Investigation conclusion
No breach of Clause 2.4 (Classification of Other Material) of the Commercial Television Code of Practice 2010.
The complaint
On 5 December 2013, the Australian Communications and Media Authority (the ACMA) received a written complaint about The Morning Show. The program was broadcast by Channel Seven Adelaide Pty Ltd (SAS) on 20 September 2013 at 9.00 am.
The complainant alleged that the programcontained an inappropriate depiction of a sex act.
The complaint was referred to the ACMA for investigation as the complainant was not satisfied with the response provided by the licensee.
The program
The Morning Show is an Australian light entertainment television program, which is broadcast live between 9.00 am and 11.30 am on weekdays. The program delivers a mix of news and entertainment, covering a variety of topics such as food, fashion, travel and beauty. The program is presented by hostsLarryEmdur and Kylie Gillies.
The Morning Show was broadcast by the licensee on Friday 20 September 2013 at 9.00 am with a PG classification.
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. […]
Complainant’s submissions
On 25 September 2013, the complainant submitted to the licensee thatThe Morning Show depicted a male and female pretending to have sex ‘doggy fashion’.
Licensee’s submissions
In correspondence to the complainant on 4 November 2013, the licensee stated the following:
[…] the segment included a highlight reel of scenes involving the show’s hosts, Larry Emdur and Kylie Gillies. In one of the scenes, the host’s faces are superimposed on the bodies of singers Miley Cyrus and Robin Thicke as they performed the song “Blurred Lines” at the American Video Music Awards a few weeks earlier. Their performance gained international notoriety as Miley Cyrus performed a dance style known as “twerking” with Robin Thicke while they performed the song. The controversial dance routine has been the subject of parody and satire throughout the mainstream media and it was in this satirical sense that our host’s faces were superimposed on the performer’s bodies, rather than in a purely sexual manner.
[…] we believe the dancing segment was mild in impact under the Code and having regard to the predominatelyadult audience, it was suitable for broadcast.
In correspondence to the ACMA on 15 January 2014,the licensee statedthe following:
[…]
The “twerking” dance that caused the complainant offense has been misinterpreted and misunderstood by the viewer. “Twerking” is a style of dance typically performed by African American women in which they shake their bottom without moving the rest of their bodies. It is not simulated sex.
[…]
While some viewers may find ‘twerking’ offensive, it is a recognised dance movement. In this instance it is clearly a choreographed dance movement used (in the original) by fully dressed performers at a public event. The position of the performers does somewhat sexualise the movement. However, in the context of The Morning Show parody the impact is mitigated by the unreal appearance of the performers with their enlarged heads and the demonstrable comedic intent and the overall surrounding context
This brief segment is clearly framed as a stylised performance and parody.
[…]
Finding
The ACMA finds that Channel Seven Adelaide Pty Ltd’sbroadcast of The Morning Show on 20 September 2013 did not breach Clause 2.4 of the Commercial Television Industry Code of Practice 2010.
Reasons
PG – Sex
The Code states that visual depictions of and verbal references to sexual activity must be restrained, mild in impact and justified by the story line or program context.
The scene identified by the complainant features within a segment called ‘The Weekly Wrap’which is comprised ofprogram highlights from the week.
Towards the end of thesegment,Emdurinforms the audience that he and Gillies will be attending the charity function Starry Starry Night.He implies that Gillies has said something about them both singing and dancing at the function. Emdurturns to Gillies and exclaims, ‘Kylie,you have said what?!’ The camera zooms in on a shotof Emdur’s startled face as dramatic music plays.
The program cuts to footage of performers Robin Thicke and Miley Cyrus singing on stage to a large audience at the MTV Video Music Awards. The faces of Emdur and Gillies have been superimposed on the faces of Thicke and Cyrus, respectively. Cyrusis depicted standing directly in front of Thicke and swaysher hipsbefore bending over at the hips and reaching out to touch the hands of audience members. As Cyrus is bending over, a blurred region obscuring Cyrus’ pelvic areais superimposed on the footage. Thecliplasts for approximately six seconds and cuts back to the hosts, with Emdurasking Gillies, ‘We’re going to twerk on a Starry Starry Night?’
Although the dance move is sexually suggestive, it is very brief in duration and does not contain any actual or implied sexual activity. Both performers are clothed—Thicke is wearing a suit and Cyrus is wearing a flesh coloured bikini and briefs. The scene has been carefully editedto ensure that detail is limited.Consequently it is unclear whether there is contact between Thicke and Cyrus. Thicke dances with minimal movementandwhile Cyrus does shake her bottom, she does not engage in any other sexually suggestive movements. The impact of the clip is further mitigated by the comedic and playful tone of the segment. For these reasons, the scene is considered to be restrained and does not exceed amild impact.
The ACMA considers the footage described above to be justified within the context of the program. The program covers entertainment news and events with a light-hearted and comedic tone. It is considered that a parody ofa well-publicised musical performance shown within a humorous and light-hearted ‘highlights’ segment fits within the program context.
For these reasons, the ACMA considers that the clip identified by the complainant within the 20 September 2014 broadcast of The Morning Show can be accommodated within the PG classification.
ACMA Investigation Report – The Morning Show broadcast by SAS on 20 September 2013 1