Investigation Report No. BI-84
SummaryFile no. / BI-84
Broadcaster / Australian Broadcasting Corporation
Station / 774 ABC Melbourne
Type of service / National - Radio
Name of program / Breakfast with Red Symons
Dateof broadcast / 30 July 2015
Relevant standards / Standards 7.1 and 7.7 of the ABC Code of Practice 2011 (revised 2014)
Date finalised / 3 November 2015
Decision / No breachof standard 7.1 [harm and offence]
No breach of standard 7.7 [condone or encourage prejudice]
Background
In August 2015, the Australian Communications and Media Authority (the ACMA) commenced an investigation intoBreakfast with Red Symons(the program) broadcast on 774 ABC Melbourne by the Australian Broadcasting Corporation (the ABC) on 30 July 2015.
The investigation was commenced in response to a complaint that the program presenter made and repeated a racist joke and comment.
The programhas been assessed in accordance with Standard 7.1[harm and offence]and standard 7.7 [condone or encourage prejudice] of the ABC Code of Practice 2011 (revised in 2014) (the Code).
The program
Breakfast with Red Symons is described on the ABC’s website as:
Red's All Day Breakfast: Red Symons shares his unique style of Breakfast each weekday from 5:30am. When the show is over the fun with Red continues, 24 hours of the day on the website. Along with your regular serves of news, finance and weather, you can bet there'll be surprises on the menu![1]
The program is broadcast between 5.30am and 7.45am on weekday mornings.
A transcript of the relevant segments of the program is at Attachment A.
Submissions
The complainant’s submissions are at Attachment B and the broadcaster’s submissions are at Attachment C.
Assessment
This investigation is based on submissions from the complainant and the broadcasterand a copy of the broadcast provided to the ACMA by the broadcaster. Other sources used have been identified where relevant.
When assessing content, the ACMA considers the meaning conveyed by the material, including the natural, ordinary meaning of the language, context, tenor, tone and any inferences that may be drawn. This is assessed according to the understanding of an ‘ordinary reasonable’ listener.
Australian courts have considered an ‘ordinary reasonable’ listener 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.
Issue: Harm and offence
Relevant standard
7. Harm and offence
7.1Content that is likely to cause harm or offence must be justified by the editorial context.
7.7 Avoid the unjustified use of stereotypes or discriminatory content that could reasonably be interpreted as condoning or encouraging prejudice.
The Code requires that standards are interpreted in accordance with relevant principles:
The ABC broadcasts comprehensive and innovative content that aims to inform, entertain and educate diverse audiences. This involves a willingness to take risks, invent and experiment with new ideas. It 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. However, the community recognises that what is and is not acceptable in ABC content largely depends upon the particular context, including the nature of the content, its target audience, and any signposting that equips audiences to make informed choices about what they see, hear or read. Applying the harm and offence standard, therefore, requires careful judgement.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.
Finding
The broadcasterdid not breachstandards 7.1 or 7.7 of the Code.
Reasons
The complaint is that the Irish jokeand the comment ‘you’re a template, you’re a placeholder for stupidity’were offensiveand racist and deployed a negative stereotype that condones and encourages prejudice.
The ABC responded that the joke was a light-hearted comment, delivered with no malice, and made in the context of illustrating the meaning of a Pavlovian slip, which is ‘an automatic or involuntary response to something’.
It submitted that ‘Mr Symons’ humour and style is well-known to his target audience of over-40 [years] listeners, who would be familiar with his musings on mundane aspects of life’. The ABC also stated that ‘the tone of the segment was meant to be self-deprecating and humorous.’
The ABC submitted that although a stereotype of Irish people was used by the presenter that may be considered unjustified, in the context it was used, it would not reasonably be interpreted as condoning or encouraging prejudice.
Standard 7.1
In assessing compliance with standard 7.1 of the Code, the ACMA asks:
Does the material have the intrinsic capacity to be likely to cause harm or offence?
What factors (if any) are there moderating any harm or offence?
What is the editorial context?
Does the editorial context justify the likely harm or offence?
Does the material have the intrinsic capacity to be likely to cause harm or offence?
The joke, which was repeated, was a variation on a standard ‘Irish joke’ that relies on an existing negative stereotype: Irish people are stupid. This was emphasised by the ‘placeholder’ explanation.
The ordinary reasonable listener would have understood that the joke was intended to illustrate the meaning of a Pavlovian slip, a lengthy discussion on which began earlier in the segment.They would have also understood the ‘placeholder’ comment explained why the joke was relevant.
A joke that denigrates a group on the grounds of nationality will have the capacity to offend. As noted in the ABC’s Guidance Note concerning Harm and Offence[3], perpetuating stereotypes about groups within society may also cause harm.
However, the Guidance Note also notes that, even if material might cause harm and offence,it will not necessarily offend against community standards if the likely harm and offence is justified by context.
What factors (if any) are there moderating any harm or offence?
The ACMA accepts the ABC’s submissions that the target audience for the program would be familiar with the host’s tongue-in-cheek style and would understand that the joke and comment were not intended to insult or denigrate people of Irish nationality.
In this case the material was presented as light-hearted and ironic.
The language used was not aggressive, threatening or abusive. The comments were not sustained over the duration of the segment and did not have a cumulative impact. It is unlikely that the audience would have understood that the joke and comment were serious statements about people of Irish nationality.
Although people of Irish nationality were the subject of the joke, it was made clear in the preceding comment that the ‘stupidity’ illustrated was shared by all when the host said ‘I know you’ve done it, I’ve got a list of them here – youse have all done it.’
The comment that followed appeared to acknowledge that the Irish stereotype of the joke is lame and tired.
The ironictone of the program moderated the offence contained in the Irish joke and supporting comment.
What is the editorial context?
The ABC submitted that there ‘was a clear comedic narrative arc to ‘set-up’ the phone-in that morning’.
The ACMA accepts the ABC’s submissions that there was no suggestion in the program that only Irish people are susceptible to making Pavlovian slips and the host did not call on the audience to provide examples of how Irish people might be perceived, but to see that everybody makes these types of mistakes which are often humorous.
The discussion included commentary about how ‘stupid’ these sort of behaviours are and was supported by examples from listener calls and text messages, none of whom were identified as Irish.There were no other comments about Irish people.
Does the editorial context justify the likely harm or offence?
The ACMA considers that although the joke and comment had the capacity to cause some harm and offence, taking the context into account, the material was not strong enough to offend against general community standards.
On balance,the joke and related comment were justified by the editorial context.
Accordingly, the program did not breach standard 7.1 of the Code.
Standard 7.7
In assessing compliance with standard 7.7 of the Code, the ACMA asks:
Does the material include the use of stereotypes or discriminatory content?
If the material includes the use of stereotypes or discriminatory content, is that use justified?
If it is unjustified, could the use reasonably be interpreted as condoning or encouraging prejudice?
Does the material include the use of stereotypes or discriminatory content?
The ABC has acknowledged that the Irish joke ‘attempted to make a humorous play on a well-known comical stereotype’ and that the ‘joke might not have been the best description for what he was attempting to convey in the segment’.
Is the use of stereotypes or discriminatory content justified?
The ABC has alsoacknowledged, for the purpose of standard 7.7 that the stereotype used in the segment may be considered unjustified.
Could the use of the stereotype reasonablybe interpreted as condoning or encouraging prejudice?
The ACMA does not accept the ABC’s submission that the level of sensitivity shown in using stereotypes is entirely dependent on the vulnerability of that group in modern Australian society, and that although there may have been a history of discrimination against Irish Australians, there is no longer such discrimination. The standard is not limited in this way.
The ACMA also rejects the ABC’s argument that by getting callers to give their own examples of Pavlovian slips, the stereotype was displaced. There was no discussion qualifying the comments or countering the stereotype which illustrated stupidity and perpetuated rather than debunked the negative stereotype.
However, the ordinary reasonable listenerwould have understood that the tone of the segment was ironic and light-hearted and there was no intention to insult.
The material used the ‘Irish joke’ to specifically illustrate the meaning of a Pavlovian slip rather than to debase people of Irish nationality, and made it clear that the ‘stupidity’ was shared by all. There were no other references to Irish peoplenor any direct expressions of dislike, hatred or contempt for Irish people.
It wouldhave been preferable for the host to illustrate the Pavlovian slip without using an unjustified negative stereotype.However,on balance the material could not reasonably be interpreted as condoning or encouraging prejudice.
Accordingly, the program did not breach standard 7.7 of the Code.
Attachment A
Transcript of Breakfast with Red Symons, broadcast on 774 ABC Melbourne on 30 July 2015.
TimeSpeakerDetails
06:16Red Symons[……]
somebody mentioned – we – somehow – Freudian slips were on theagenda yesterday in passing – parapraxis I’m told – did not know that – parapraxis, that’s the posh name for it, well we’ve got a new one today – a Pavlovian slip – yessss – ah, pavlov’s dog – you know, it used to salivate because someone rang a bell, because every time they ring a bell the dog would salivate because it thought it was getting fed – or something – can’t remember – not important – a Pavlovian slip – I did one, this morning – perfect it was – walked to my front door, pressed my car keys – door didn’t open – errrh – oh, that’s right, my car keys don’t open my front door, they open my car – I have made a Pavlovian slip – OK – give me a call – 1300 222 774 – or send me a text, not telling – aahh – I know you’ve done it, I know you’ve done it, I’ve got a list of them here – youse have all done it –
06:17like this – Pavlovian joke – Pavlovian slip joke – how do you burn an Irishman? Phone him while he’s ironing – to any Irishmen out there – oh, you know how it works, you’re a template, you’re a placeholder – for stupidity – which is what I exhibited this morning myself attempting to open the front door with my car keys. Cat – hi Red – hi Cat – as an absent-minded new mother I tried to turn off my baby’s crying with the TV remote control – yes – needless to say it didn’t work – no, the way it works Cat is you wait until they’re a bit older and you turn the TV on and you park them there for hours and hours and hours – go to the pokies, have fun, meet new people – I do like this from Pam in Mount Waverley too – yes – good morning Red, in regards to the key, I think I use Facebook too much – whilst reading letters to the editor I tried to push the ‘like’ button – yes – learnt behaviours that no longer apply – yes – and what about this – Dawn from Ringwood, good morning Red, out walking one day and about to cross the road, looked left, looked right, then looked up slightly to my left to check the rear-vision mirror – it’s not there is it – isn’t that weird – walking and thinking that you’re in car and looking for a rear-vision mirror – oh, we’ve got so many Pavlovian responses – this from Viv – the phone rang at work and I lifted the mouse to my ear, and quickly looked around for witnesses – yes – oh, the shame of it – yes – and Peter, yes, I’m glad to hear about your door opening episode – me too – stupid – says Peter – that’s right – Molly has called from Epping, hello Molly.
06:19Mollymixed up thanks
Red Symonswhat?
Molly mixed up thanks. I call it gadget fatigue
Red Symonsgadget fatigue!
Molly I get my mobiles mixed up
Red Symonsdo you? How many have you got?
Mollyoh, about four
Red Symonshave you got a burner, because a guy’s gonna ring you about athingandthen you’ll do the thing, and then you’ll have to destroy the phone, is some sort of criminal activity involved here Molly?
06:20Mollyumm – absolutely (Red laughs) – but you know when you get a
power cutand you look around and all the lights are blinking you have to change clocks, I just think there’s too many things to think about
Red SymonsI’m hearing that as you’re explaining it to me
Mollyas my brain gets older and mouldier I go online and I do brain training
Red Symonsdo you?
Mollyso that stops the – do you ever go somewhere and think, what did I
comehere for?
Red Symonsyeah – all the time!
Molly that’s an aging brain – it’s a senior’s moment
Red Symonsyeah – I thought about doing sudokus but I reckon that just doing theradiowill do it for me – apparently the cure – you know how you walk inroom and you think ‘why did I come in here?’ The cure for that is to go back to room that you started in that gave you the thought
Molly yeah – but how many times do you have to do that?
Red Symonsoh well – you’re getting exercise!
06:21Mollyif you go on-line – every day – do about 15 minutes brain training –
it’scalled lumosity by the way
Red Symonswell hang on – by your own argument it’s not actually working for you Molly
Mollywhy’s that?
Red Symonswell, because you’re forgetting things. You have to do more brain training
Mollywhat am I forgetting?
Red SymonsI’ve forgotten!
Mollywho am I talking to?
Red Symons(laughing) Go back to the room you started in and then you’ll remember – thanks for your call Molly. Ah, I like it when it gets silly – 21 minutes past six – exciting news – not so much for me, or you but for local bookshops – hooray
[…]
06:36Red Symonsit’s 23 minutes to seven – we have stumbled across a new category
ofhuman experience this morning – you’re familiar with the concept of a Freudian slip – ah, I won’t embellish – we have a new category – Pavlovian slip, after Pavlov and his dogs – this is how it works and it happened to me this morning – I was walking out of my house, I’m going down the corridor, approaching the front door to exit, and I pressed my car keys – with the presumption that my car keys would open my front door – just to put you out of your misery – no! the front door didn’t open – yeah, no surprise there – and I am not alone – here is, arguably, the ultimate Pavlovian slip – serving up pavlova – yes – with a knife, says anon. – serving up pavlova with a knife and tried to evenly divide up the custard with a knife – yeah, well, that’s not gonna work – you need a spoon for that – and this, got a Pavlovian slip to share Red – whilst reading my kindle gadget – that’s, you know, tablet thing – I licked my fingers to turn the page – that’s fantastic, I love it – have you had a Pavlovian slip? – I know you have – remember it and call me – 1300 222 774 – Robin the truckie has – I hope it’s not – Robin, you haven’t had a Pavlovian slip in your truck have you?