Investigation Report No. 2664

ACMA file reference / 2011/1489
Licensee / Channel 9 South Australia Pty Ltd
Station / NWS, South Australia
Type of Service / Commercial television broadcasting
Name of Program / Friday the 13th
Date of Broadcast / 23 March 2011
Relevant Legislation/Code / Broadcasting Services Act 1992
  • Section 123(3A)(b)
  • Section 147
  • Schedule 2 Part 3 Clause 7(1)(ga)

Investigation conclusion

  • Broadcast of Friday the 13thby Channel 9 South Australia Pty Ltd on 23 March 2011 was in breach of Schedule 2 Part 3 Clause 7(1)(ga) of the Broadcasting Services Act1992.

The complaint

On 23 August 2011, the Australian Communications and Media Authority (the ACMA) received a written complaint about the film Friday the 13th which was broadcast by Channel 9 South Australia Pty Ltd, the licensee of NWS, on 23March 2011.

The complaint alleged that the AV15+ classified film contained inappropriate depictions of violence and sex scenes.

The program

Friday the 13th is a 1980horror feature film classified R18+ for public exhibition(cinematic release) in Australia by the Australian Classification Board on 1 May 1980. The film was produced and directed by Sean S. Cunningham. The film’s synopsis, as outlined by the Classification Board, is as follows:

A group of young people are employed to re-open a holiday camp which has been closed for many years because of the belief that it is cursed. One by one they are murdered by the psychopath responsible for perpetuating the myth.

Friday the 13th was broadcast by the licensee on 23 March 2011 at 9.30 pm with an AV15+ classification and the consumer advice of ‘Horror, Strong Violence’.

Assessment

The ACMA’s assessment is based on the complainant’s concerns as outlined in correspondence dated 23 August 2011, a copy of the Classification Board report and submissions from the licensee, which included a copy of the relevant broadcast.

The complaint was assessed against the following provisions of Broadcasting Services Act 1992 (the Act):

  • Part 11 Division 1 Section 147(b)
  • Schedule 2 Part 3 Section 7(1)(ga)
  • Part 9 Section 123(3A)(b)

The Act and the Guidelines for the Classification of Films and Computer Games can be accessed through the following links:


Relevant provisions

The Act contains the following provisions that are relevant in the matter raised by the complainant:

Part 11 – Complaints to the ACMA

Division 1 – Complaints relating to action under licences and class licences

147 Complaints relating to offences or breach of licence conditions

If a person believes that another person who is providing a broadcasting service has:

[...]

(b) breached a condition of a licence or a class licence;

The person may make a complaint to the ACMA about the matter.

Schedule 2 Standard conditions

Part 3 – Commercial television broadcasting licences

7 Conditions of commercial television broadcasting licences

(1)Each commercial television broadcasting licence is subject to the following conditions:

[...]

(ga) the licensee will not broadcast films that are classified as “R 18+” unless the films have been modified as mentioned in paragraph 123(3A)(b);

[...]

Part 9 – Program standards

123 Development of codes of practice

[...]

(3A) In developing codes of practice referred to in paragraph (2)(a), (b) or (c), industry groups representing commercial television broadcasting licensees and community television broadcasting licensees must ensure that:

[...]

(b) those codes provide for methods of modifying films having particular classifications under that system so that:

(i) the films are suitable to be broadcast; or

(ii) the films are suitable to be broadcast at particular times;

Complainant’s submissions

In correspondence to the ACMA, dated 23 August 2011, the complainant stated the following:

[...]

Channel Go![1] Broadcast the film entitled Friday the 13th at 9.30pm on the night of Wednesday,23 March 2011.

The Nine Network classified the film as AV15+. I believe that the film contained violence and sex scenes that could not be accommodated within the AV15+ classification and that it should not have been broadcast on television.

The Australian Classification Review Board classified Friday the 13th on 20 February 2009 as “R 18+” with consumer advice for “High impact horror violence; Several sex scenes”[2].

The Nine Network has therefore breached a licence condition by broadcasting the R18+ filmFriday the 13th.

[...]

Licensee’s submissions

The licensee provided written submissions to the ACMA by way of letter dated 20 September 2011. The letter contained the following relevant submissions:

In the case of the film “Friday the 13th” (1980), [the licensee] viewed various versions of the original film [...] [The licensee] reviewed the latest print in 2003 and noted that the last transfer from film to tape [...] reduced the quality of the resolution of the print in several areas. While the day-time exteriors are still high quality, the interiors and night time exteriors are much darker than [...] originally viewed in ’91.

This ‘muddiness’ has reduced the contrast and colour in many instances and thus their impact overall. It could have been readjusted through the editing suites [...but the licensee] felt this natural modification was better left unadjusted.

[...] this version [was judged] against the current guidelines for “MA” as listed in the Classification Board’s Guidelines for the Classification of Films and Computer Games. With the further modification of seven 3 minutes plus commercial breaks inserted into the compiled version, the impact of various sequences was again reduced to be contained by the overall “MA” guideline : […] “The impact of material classified “MA” should be no higher than strong” and the specific guideline for violence: “Violence should be justified by context.”

In accordance with a previous agreement, the “MA” classification became the TV “AV” classification and this version of “Friday the 13th” was telecast as TV “AV” with the consumer advice of ‘Horror, strong violence’ […]

On 25 November 2011 in response to the ACMA’s preliminary finding, the licensee provided the following comments:

Nine accepts the findings of the [preliminary] Report.

In response to the findings in the Report, Nine's classifiers have edited the master compile of the film and have made 5 cuts to reduce its impact and comply with the BSA. We have also removed the unedited master from the broadcast register so that only the edited version of the film will be broadcast in the in the future and will carry an AV Classification.

Finding

The ACMA finds that Channel 9 South Australia Pty Ltd did not comply with Schedule 2 Part 3 Clause 7(1)(ga) of the Broadcasting Services Acts 1992 in broadcasting the film Friday the 13thon 23 March 2011 at 9.30pm.

Reasons

As noted above,Schedule 2 Part 3 Clause 7 (1)(ga) of the Act states that a licensee will not broadcast films that are classified as ‘R 18+’ unless the films have been modified as per paragraph 123 (3A)(b) of the Act.

The version of Friday the 13th broadcast by NWS on 23 March 2011 was classified ‘R 18+’ by the Classification Board on 1 May 1980. As such, NWS was required to modify the film before it was broadcast.

The licensee has submitted that the film Friday the 13thwas modified prior to broadcast in that:

  • seven three-minute commercial breaks were inserted; and
  • ‘natural modifications’ occurred in the transferfrom film to tape.

The ACMA does not consider that the insertion of commercial breaks is a modification as required under Schedule 2 Part 3 Clause 7(1)(ga) of the Act. (It is noted that impact, applicable to the classification of films under the Guidelines, may be determined cumulatively or by scenes in and of themselves).

The licensee has submitted that a ‘natural modification’ has resulted in changes to the quality of the resolution of the print and that the‘muddiness’ of images has reduced the contrast and colour in many scenes. The licensee has further submitted that this has reduced the impact of scenes.

The ACMA does not consider the matters outlined by the licensee to be modifications as required under Schedule 2 Part 3 Clause 7(1)(ga) of the Act.

Accordingly, the ACMA considers that the film Friday the 13th,classified R 18+ by the Classification Board, has not been modified as required by the Act and that the licensee, therefore, has not complied with the condition of its licence that requires that a licensee will not broadcast films that are classified as ‘R 18+’ unless the films have been suitably modified.

Action Taken

Channel 9 South Australia Pty Ltd has taken the following action to address the breach finding:

  • edited the master compile of the film Friday the 13thby making five cuts to reduce the film’s impact and to comply with the Broadcasting Services Act 1992;
  • removed the unedited master of the film Friday the 13thfrom the broadcast register so that only the edited version of the film will be broadcast in the future and will carry an AV Classification.

The ACMA considers that these actions address the compliance issues raised by the investigation and will continue to monitor the licensee’s performance in this regard.

ACMA Investigation Report – Friday the 13thbroadcast by NWS on 23 March 20111

[1]Channel Go! isa Nine Network multi-channel.

[2]This reference to a Classification Board report is not applicable as it refers to a 2009 remake of the film directed by Marcus Nispel and not the 1980 original directed by Sean S. Cunningham.