Investigation report no. BI-308
Summary /Licensee / Network TEN (Sydney) Pty Limited /
Station / Ten /
Type of service / Commercial—television /
Name of program / Studio 10 /
Date of broadcast / 17 February 2017 /
Relevant code / Commercial Television Industry Code of Practice 2015 /
Date finalised / 5 May 2017 /
Decision / No breach of clause 2.1.1 [classification] /
Background
In April 2017, the Australian Communications and Media Authority (the ACMA) commenced an investigation under section 170 of the Broadcasting Services Act 1992 (the BSA) into a segment of Studio 10 (the program).
The program was broadcast on Ten by Network TEN (Sydney) Pty Limited (the licensee) on 17 February 2017 at 8.30 am.
The ACMA received a complaint alleging that the use of the term ‘slut’ during the program was offensive, disparaging and sexist, and inappropriate for daytime television.
The ACMA has investigated the licensee’s compliance with clause 2.1.1 of the Commercial Television Industry Code of Practice 2015 (the Code).
The broadcast
Studio 10 is a morning panel/talk show program, broadcast live on weekdays between
8.30 am and 11.00 am, with a ‘best of’ edition broadcast on Saturdays and Sundays. It is described in the following terms:
Featuring a unique in-the-round set and a live studio audience, Network Ten's morning show Studio 10 is hosted by acclaimed reporter and journalist Sarah Harris, media firebrand Joe Hildebrand, author and journalist Jessica Rowe, media legend and 2013 Australian of the Year Ita Buttrose, living legend and Gold Logie winner Denise Drysdale, radio personality Jonathan Coleman, and roving reporter David Robinson.[1]
The theme for the day’s program was popular culture from the year 1999.
The relevant segment involved a spoof by the male Studio 10 presenters of the Backstreet Boys, a popular boy band of that era. It commenced at 10.14 am and was of approximately five minutes’ duration.
A transcript of the segment is at Attachment A.
Assessment and submissions
When assessing content, the ACMA considers the meaning conveyed by the material, including the natural, ordinary meaning of the language, context, tenor, tone, images and any inferences that may be drawn. This is assessed according to the understanding of an ‘ordinary reasonable’ listener or 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.[2]
Once the ACMA has ascertained the meaning of the material that was broadcast, it then assesses compliance with the Code.
This investigation has taken into account the complaint (extracts of which are at Attachment B) and submissions from the broadcaster (extracts of which are at Attachment C). Other sources are identified in this report where relevant.
Issue: Classification
Relevant Code provisions
2. Classification and proscribed material
2.1 Classification – General rules
2.1.1 Subject to the exceptions in section 2.3, all Programs and non-Program material (including Program Promotions) must be:
a) classified in accordance with the criteria set out at Appendix 1; and
b) broadcast in accordance with the classification zones set out at section 2.2.
[…]
2.2 Classification zones
2.2.1 PG Classification zone. Material that has been classified C, P, G or PG may be broadcast at any time.
[…]
Appendix 1: Television Classification Guidelines
[…]
The suitability of material for broadcast will depend on the context, frequency and intensity of key elements such as violence, sexual behaviour, nudity and coarse language, and on the time of day at which it is broadcast. It will also depend on such factors as the merit of the production, the purpose of a sequence, the tone, the camera work, the relevance of the material, and the treatment; be it dramatic, comedic or documentary.
These factors must be all taken into account and carefully weighed. This means that some actions, depictions, themes, subject matter, treatments or language may meet current community standards of acceptability in one Program, but in another Program may require a higher classification, or be unsuitable for television. In other circumstances sequences that clearly depict comedy or slapstick behaviour may reduce the classification.
[…]
The Parental Guidance Recommended (PG) Classification
Material classified PG may contain adult themes or concepts but must be mild in impact and remain suitable for children to watch with supervision. All elements must be justified by context.
[…]
Language: Mild or socially offensive coarse language may be used infrequently, when justified by the story line or program context.
[…]
Finding
The licensee did not breach clause 2.1.1 of the Code.
Reasons
Clause 2.1.1 requires that, subject to limited exceptions, all programs and non-program material must be classified in accordance with the criteria set out at Appendix 1 of the Code and broadcast within the time zones specified in section 2.2. The program was classified PG and did not provide any consumer advice or warnings.
The complainant submitted to the ACMA:
I have complained to Studio Ten regarding the use of the term 'slut' by a presenter in the program. […] I found the term offensive to myself and derogatory to women regardless of its context […].
[…]
[The licensee] believes it has not broken any codes […]. However I did take it seriously and find the language offensive, disparaging and sexist. I don't see why it needs to be used to make a joke on day time television.
The licensee responded to the complainant:
You refer to a remark by Jonathan Coleman. Upon review and while acknowledging your concerns, we consider the segment complied with the Code. The remark was mild in impact, non-detailed and clearly not intended to be taken seriously.
To assess compliance, the ACMA has considered whether the relevant material could be accommodated at the PG classification. To determine whether the program was classified appropriately, the ACMA has assessed the relevant classifiable element, in this case coarse language, against the requirements of the PG classification category in the Code.
Appendix 1 of the Code provides that material classified PG may contain adult themes or concepts but must be mild in impact and remain suitable for children to watch with supervision. All elements must be justified by context.
Context
The overall theme of the program was the popular culture of 1999. The panellists were dressed in the fashion of the era and discussed the trends and historical and personal events from that year. The ‘Studio 10 Boys’ impersonation of one of the most successful boy bands of the 1990s formed part of the program’s nostalgic look back in time.
The ‘Studio 10 Boys’ were depicted imitating the music video for the Backstreet Boys song, I Want It That Way, as they lip-synced to the original lyrics and music. As the song concluded, the image cut to a wide shot of the studio, where the ‘Studio 10 Boys’ hugged members of the audience and continued to dance on stage. The song was followed by a discussion with the five panellists, where each ‘band’ member’s performance was appraised.
As the panellists considered Jonathan Coleman’s performance, he said: ‘Watch this – it’s called a “slut drop”’, as he attempted to perform the so-named dance move.
The term ‘slut drop’ refers to a dance move, described as follows:
The move involves squatting as quickly and as low as possible and immediately popping back up. A hand is often put straight up to steady oneself, and the move is often performed whilst grinding a dance partner that the dropper is trying to impress. The term is a compound word combining the words "slut” and "drop”, reflecting the sexual nature of the move and the act of dropping one's body lower to the ground.
[…]
The move has gained popularity amongst pop singers, being performed by artists such as Christina Aguilera, The Pussycat Dolls, Beyoncé and Britney Spears.[3]
Coarse language
The ACMA considers that, while in some circumstances the word ‘slut’ may be a sexual reference or may be linked with a broader thematic element, the colloquial use of the word in this instance is most appropriately assessed as coarse language.
Within the PG category, mild or socially offensive coarse language may be used infrequently, when justified by the story line or program context.
The ACMA accepts that the term ‘slut’ may be considered to be socially offensive, however, in this context, it formed part of the name of a dance move rather than being directed to, or about, a person. The term was not used in a sexual context, was not delivered aggressively or as an insult, and was used only once in the program.
The tone of the program overall, and the segment in particular, was light-hearted and comical. It is clear from the audience’s laughter, cheering and applause that they were amused and entertained. The ACMA considers that any potential offence was mitigated by the slapstick nature of the segment including the presenters’ mocking acknowledgement that the term was used as a ‘technical term’.
Considering all of these factors, the impact of the infrequent coarse language did not exceed ‘mild’ and was contextually justified. Therefore, the ACMA considers the program was appropriately classified PG.
Accordingly, the licensee did not breach clause 2.1.1 of the Code.
Attachment A
Transcript of segment on Studio 10, broadcast on Ten on 17 February 2017
Sarah Harris: Well, the 90s: they were a great time for fashions and cool technology, but, most importantly, boy bands. And one of the biggest boy bands across the globe at the time were these guys.
(VISION AND SOUND: Backstreet Boys’ original film clip for I Want It That Way depicting the band singing the song’s chorus on a runway beside their personal jet, surrounded by fans.)
Sarah Harris: Yes the backstreet boys – amazing. They weren’t the only boy band that took the world by storm – do you remember the Studio 10 Boys?
Jules Lund: Oh they were amazing!
Denise Drysdale: Yeah they were fabulous.
Sarah Harris: Here’s a bit of a reminder.
(VISION AND SOUND: five male regular Studio 10 panellists dressed as the fictional boy band, the ‘Studio 10 Boys’, dance and lip-synch to the full song against a backdrop of a jet on a runway which changes to abstract colour patterns and crowd scenes.)
Banner: 10:15 (time) Studio 10 logo. Text: Boy band mania ‘Studio 10 Boys’ take on the ‘Backstreet Boys’. 10 logo.
(AUDIENCE and PANEL: Laugh and cheer throughout the song.)
(VISUAL: Shot of the studio audience waving and cheering, then cut to the ‘Studio 10 Boys’ live in the studio for the final chorus. They dance on stage and two move about the audience, hugging audience members and giving high fives before returning to the stage and striking poses.)
AUDIENCE: Enthusiastic cheering and clapping throughout.
(VISUAL: In the studio, with the shot cutting between the panel and the stage.)
Sarah Harris: Craig! Craig!
Jules Lund: Ita, you have not moved! Ita’s jaw has been like this the whole time, fighting for her life (gestures a mouth agape).
Ita Buttrose: Oh!
Jessica Rowe: Oh my goodness!
Sarah Harris: Craig, when you were rehearsing yesterday you were doing lots of jazz hands.
Craig Bennett: And they said ‘You don’t do jazz hands as a boy bander’. I know! Give me Cleo Laine any day.
Sarah Harris: And Robbo, you were in your absolute element.
David Robinson: So I’ve been practising for that since I was 15. It’s a long time, and finally I’ve been able to do it.
Sarah Harris: And what about Damo with the moves!
(VISUAL: Damien Galea lowers and peers over his rose-tinted glasses.)
(AUDIENCE: Cheer and clap.)
Damien Galea: Who makes coffee now? Who’s making the coffee? I used to be a barista.
Ita Buttrose: Jono, you were so good.
Female panellist (off camera): Oh Jono.
Jonathan Coleman: Who?
Female panellists in unison (off camera): You!
Jonathan Coleman: Watch this: it’s called a ‘slut drop’.
(VISUAL: Close up of Jonathan Coleman performing the ‘slut drop’ dance move with Joe Hildebrand, then a long shot of Jonathan Coleman and other members of the band doing the move again.)
Sarah Harris: No!
(AUDIENCE: Laugh, cheer and clap.)
Craig Bennett (to David Robinson): Down you get!
(VISUAL: Long shot of the stage as David Robinson joins the group in performing the move. Jonathan Coleman stands up and performs the move again with Damien Galea. Cut to close up of Sarah Harris, waving her hand and mock-grimacing.)
Sarah Harris: I think that’s a technical term – don’t be offended.
One of the Studio 10 Boys, off camera: I’m gonna miss Studio 10 – the show’s just been cancelled.
Sarah Harris: Yeah.
AUDIENCE: Laughing.
(VISUAL: Long shot of Jonathan Coleman, Damien Galea and Joe Hildebrand. Damien Galea slaps Jonathan Coleman on the back.)
Jonathan Coleman: No, it’s a technical term.
One of the Studio 10 Boys, off camera: You’re out of the band! You’re out of the band!