Investigation Report No. 3314
File no. / ACMA2014/857Broadcaster / Australian Broadcasting Corporation
Station / ABC3
Type of service / ABC Television
Name of program / Degrassi: The Next Generation
Date of broadcast / 30 October 2014
Relevant code provisions / Standards 7.3 and 8.4 of the ABCCode of Practice 2011 (revised in 2014)
Date finalised / 8 April 2015
Decision / No breach of standard 7.3 [classification]
No breach of standard 8.4 [particular care to minimise risks of exposure to unsuitable content]
The complaint
On 22 December 2014, the Australian Communications and Media Authority (the ACMA)commenced an investigation intothe classification of an episode of series seven ofDegrassi: The Next Generationtitled Standing in the Dark (Part II),broadcast by the Australian Broadcasting Corporation (the ABC)at approximately 8.00 pm on 30 October 2014 on ABC3.
The program
The program is part of a long-running series which features sustained story arcs that deal with the life and social issues affecting high school students at Degrassi Community School. The program that is the subject of the complaint is the second part of a two-part story titled Standing in the Dark.
Degrassi: The Next Generationis described on the ABC website in these terms:[1]
[The program] introduces a whole new generation going through the trials and tribulations of adolescence and high school. The Next Generation explores the issues affecting teens as they struggle between being kids and being adults - be it a first kiss, coming to terms with new siblings in a recently blended family, or deciding whether or not to cheat on that French test.
The following episode-specific synopsis is taken from the ABC’s website:[2]
Abstinence-pledged Darcy wakes up in a strange bed, very hung-over. Panic-stricken, she tries to piece together the events of the night before. She knows she had sex, but everything else is a blank.
The episode follows two main story-arcs; one involves a male character’s romantic life, while the other concerns the growing awareness by female character Darcy that she has been raped. The first half of the program deals with Darcy struggling to accept that she has had sex with her boyfriend, Peter, after a party. It is established in this episode that Darcy has strong religious beliefs and is part of an abstinence society, so the behaviour is not in character.
After being told about a rapist operating in the area, Darcy realises that she has been drugged and raped. The remainder of the episode deals with Darcy attempting to come to terms with the fact that she has been raped. She initially sees a doctor andtells her close friends about what has happened, before attempting self-harm in a shower cubicle at school. The episode ends after Darcy has been released from hospital and visited a school counsellor.
It is not explicitly stated within the show – or in available public sources – but the character of Darcy appears to be approximately 16 years old. This assessment is based upon the publicly stated birth date of the character[3]in conjunction with an indication of when the series is set[4].
Complainant’s submissions
The complainant submitted that the program contains material that is detrimental to children aged between 6 and 15 years old, and, as such, it is incorrectly broadcast at the PG classification level.They have specifically complained about dialogue of a sexual nature, quoting several examples, as well as material that could ‘imply rape’, and that the concepts of concern are ‘investigated further’ within the program.
The complainant also framed their concerns against the ABC Code of Practice 2011 (revised in 2014) (the ABC Code) obligations in relation to ‘protecting children from harm’.
The complainant’s submissionsare set out fullyat Attachment A.
Broadcaster’s submissions
The ABC responded to the complainant that:
The PG classification signals to parents and carers that material in this category contains depictions or references which could be confusing or upsetting to children without adult guidance.
[…]
While this episode does deal with the issue of adolescent sexuality, it is primarily concerned with themes of adolescent sexual assault, sexual health and self-harm. These themes are handled with considerable care, and the storyline conveys a serious message about the dangers and consequences of drink spiking at teen social gatherings, and also a positive and strongly supportive message for teen victims of rape. As a result of this treatment, these themes can be considered discreet and mild in impact. Violence in the form of sexual violence is discreetly implied through the flashback sequences that are presented as part of the narrative and the discussions between Darcy and her peers after the party. Violence is not shown in any detail. Verbal sexual references, […] lack detail and are discreet; more broadly, sexual references in the episode are discreet, infrequent and justified by the narrative context.
Accordingly, we are satisfied the episode can be accommodated by the PG classification.
In a further submission to the ACMA received on 25 February 2015, the ABC made the following points in relation to the material:
Contextual factors
Degrassi: The Next Generation is a critically acclaimed, long-running Canadian teen drama series. The series reflects the realities of teen life, and as such it deals with difficult issues that may confront teenagers, including in this case sexual assault and self-harm.
[…]
While the series does deal with difficult teen issues, it does so carefully and responsibly, through the experiences of a diverse cast of teen characters that the target audience of teen viewers can identify with and relate to, and in a language that teens understand. The program’s enduring appeal and critical reception is testament to its artistic and educational merits.
[…]
ABC Television seeks to provide a comprehensive service, presenting a range of programs which are relevant and meaningful to different groups of viewers. ABC3 is specifically designed to appeal to viewers aged between 6 and 15 years.Degrassi is targeted at the high end of this age demographic. This is made clear through the later evening scheduling of the program and the consumer advice provided to accompany each episode.
Treatment of themes
In this case, the storyline is dramatic and engaging rather than heavy-handed or didactic, while still serving as a warning against the dangers and consequences of drink spiking at teen parties and conveying a strongly positive message of support for [teen] victims of sexual assault. As a result of this careful treatment, and the positive outcome for the principal character in the storyline, these themes can be considered discreet and mild in impact.
Sexual assault and self-harm are legitimate and relevant issues for consideration in content aimed at teenagers.
[…]
The ABC Guidance Note on suicide and self-harm acknowledges the potential ‘substantial public benefit’ from depicting or dealing with self-harm in fiction content, and Degrassi has at times explored this issue in some depth. While the theme is not explored in detail in this episode, self-harm is nonetheless an important part of the narrative concerning Darcy, as it demonstrates the extent to which her character is struggling to deal with the trauma of the drink spiking and rape, and the fact that she is not equipped to deal with the trauma of these events alone. The scenes concerning self-harm are once again handled with considerable care and discretion. It is relevant to note that prior to broadcast, the ABC edited these scenes, removing more detailed shots in order to ensure that the program would comply with the PG classification guidelines.
[…]
[T]he theme of rape was treated with considerable care. There was no depiction of violence; rather, sexual violence was discreetly implied through the flashback sequences presented as part of the narrative and the discussions between Darcy and her peers. Darcy’s feelings of confusion and distress were carefully explored, with an emphasis on the consistent support she received from her friends and boyfriend. The treatment of this theme did not exceed what is permitted within the PG classification.
The broadcaster’s response to the complainant and submission to the ACMA in relation to the material are set out in more detail atAttachment B.
Assessment
This investigation is based on a submission from the complainant, the ABC’s response to the complainant and a subsequent submission to the ACMA, and a copy of the broadcast provided to the ACMA by the broadcaster. Other sources used have been identified where relevant.
In assessing content against the ABC Code, the ACMA considers the meaning conveyed by the relevant material. This is assessed according to the understanding of an ‘ordinary reasonable’ viewer.
Australian courts have considered an ‘ordinary reasonable’ viewer to be:
A person of fair average intelligence, who is neither perverse, nor morbid or suspicious of mind, nor avid for scandal. That person does not live in an ivory tower, but can and does read between the lines in the light of that person’s general knowledge and experience of worldly affairs.[5]
The ACMA considers the natural, ordinary meaning of the language, context, tenor, tone, visual elements and any inferences that may be drawn.
Once the ACMA has applied this test to ascertain the meaning of the material that was broadcast, it then assesses compliance with relevant provisions of the ABC Code.
Relevant ABC Code principles and provisions
When making assessments in relation to compliance with the standards in the ABC Code, the ACMA must haveclose regard to the principlesapplicable to each standard. The Interpretation section in Part IV of the Code specifies that:
[…]standards must be interpreted and applied in accordance with the Principles applying in each section[…]
and also:
The Standards in Parts IV and V are to be interpreted an applied with due regard for the nature of the content under consideration inparticular cases.
The ACMA has previously flagged that the interoperation of the Interpretation provision, the principles and standard can be complex[6].
The principles and standardsrelevant in this matterare set out below.
Issue 1: Classification
Principles applicable to the harm and offence standard
The harm and offence standard within the ABC Code provides the following principles relevant to the application of the classification provision:
The ABC broadcasts comprehensive and innovative content that aims to inform, entertain and educate diverse audiences. Innovation involves a willingness to take risks, invent and experiment with new ideas. This can result in challenging content which may offend some of the audience some of the time. But it also contributes to diversity of content in the media and to fulfilling the ABC’s function to encourage and promote the musical, dramatic and other performing arts. The ABC acknowledges that a public broadcaster should never gratuitously harm or offend and accordingly any content which is likely to harm or offend must have a clear editorial purpose.
The ABC potentially reaches the whole community, so it must take into account community standards. The ABC must also be able to provide content for specific target audiences whose standards may differ from generally held community attitudes. Applying the harm and offence standard requires careful judgement. Context is an important consideration. What may be inappropriate and unacceptable in one context may be appropriate and acceptable in another. Coarse language, disturbing images or unconventional situations may form a legitimate part of reportage, debate, documentaries or a humorous, satirical, dramatic or other artistic work. Consideration of the nature of the target audience for particular content is part of assessing harm and offence in context, as is any signposting that equips audiences to make informed choices about what they see, hear or read.
Standard 7.3 [classification]
The specific provision on classification states that the ABC must:
Ensure all domestic television programs – with the exception of news, current affairs and sporting events – are classified and scheduled for broadcast in accordance with the ABC’s Associated Standard on Television Program Classification.
Associated Standard (and inter-operability with other ABC Code principles and provisions)
As Standard 7.3 [classification] refers to the Associated Standard on Television Program Classification (the Associated Standard), the principles for the Associated Standardare also to inform the application of specific provisions for each classification category.
The guiding principle in the application of the following classifications is context. What is inappropriate and unacceptable in one context may be appropriate and acceptable in another. Factors to be taken into account include: the artistic or educational merit of the production, the purpose of a sequence, the tone, the camera work, the intensity and relevance of the material, the treatment, and the intended audience.
The above principles are to be read in conjunction with the principles applicable to the harm and offence standard. As the Associated Standard indicates, its status is to:
[…] assist interpretation of or otherwise supplement the standard in the Editorial Policies to which the Associated Standard relates.
While covering similar ground in relation to the mattersof context and the target audience, the Associated Standard’s principles indicate that context is the ‘guiding principle’ inconsidering appropriate classification. Further, the Associated Standard provides for the consideration of artistic or educational merit, purpose of sequences, relevance of material and treatment to be specific factors relevant to an assessment of context.
It is noted that the harm and offence principles provide for assessment of harm and offence in context to include signposting to equip people to make informed choices about their viewing (as opposed to the Associated Standard principles where signposting is not explicitly referenced). In the case of classification matters, signposting is generally considered in relation to the provision of consumer advice or other warnings. However, the assessment may also have broader application such as the reputation of, and presentation of the material within, a program.
PG – Parental Guidance
In relation to the PG classification, the Associated Standard provides that:
[…] Programs may contain themes and concepts which, when viewed by those under 15 years, may require the guidance of an adult. The PG classification signals to parents that material in this category contains depictions or references which could be confusing or upsetting to children without adult guidance. Material classified PG will not be harmful or disturbing to children.
Parents may choose to preview the material for their children. Some may choose to watch the material with their children. Others might find it sufficient to be accessible during or after the viewing to discuss the content.
[…]
Themes: The treatment of themes should be discreet and mild in impact. More disturbing themes are not generally dealt with at PG level.
[…]
Violence: Violence may be discreetly implied or stylised and should also be:
- mild in impact, and
- not shown in detail.
Sex: Sexual activity […] may be suggested, but should:
- be discreet, and
- be infrequent, and
- not be gratuitous.
Issue 2: Minimise risks of exposure to unsuitable content
The children and young people standard within the ABC Code provides the following principles relevant to the application of the specific provisions:
The children and young people standard - principles
The ABC aims to provide children and young people (under the age of 18) with enjoyable and enriching content, as well as opportunities for them to express themselves. Children and young people participate and interact with the ABC in various ways – as actors, presenters, interviewees, subjects, content makers and audience members.
The ABC has a responsibility to protect children and young people from potential harm that might arise during their engagement with the ABC and its content. The ABC shares this responsibility with parents/guardians and with the child or young person him/herself. In particular, the ABC recommends that parents/guardians supervise children and young people’s access to content, their participation in interactive services, and their exposure to news and current affairs. It is not always possible to avoid presenting content that may be distressing to some audience members.
Standard 8.4 [take particular care to minimise risks]
The specific relevant provision states that the ABC must:
Take particular care to minimise risks of exposure to unsuitable content or inappropriate contact by peers or strangers.
Issue 1: Classification
Finding
The material did not breachStandard 7.3of the ABC Code.
Reasons
The ABC Code principles and application of relevant Standards
As noted, Standard 7.3 of the ABC Code must be interpreted and applied in accordance with the principles underlying it, as well as the principles underpinning the Associated Standard on Television Program Classification to which it refers. (These principles and their inter-operation are discussed above.)
The principles underpinning the harm and offence standards indicate that context is an important consideration in the application of the Standard, while contemplation of the target audience, along with any signposting, is part of assessing the provisions in context.
The principles applicable to the Associated Standard amplify these harm and offence principles to the extent that context is the guiding principle in appropriate classification of material, with the factors to be taken into account in considering context including:
… the artistic or educational merit of the production, the purpose of a sequence, the tone, the camera work, the intensity and relevance of the material, the treatment, and the intended audience.
Thesecontextual factors, therefore, inform the assessment against the specific requirements relevant to aPG classification level.
While much of the program that is the subject of this investigation can be accommodated relatively comfortably within the PG provisions in relation to the classifiable elements of violence and sexual references, some material of a thematic nature is more challenging. As such, and given the guiding relevance of context and its constituted factors, the ACMA has found it helpful to analysethe application of the relevant Associated Standard’s provisions by working through the following questions: