Investigation Report No. 2845
ACMA file reference / ACMA2012/985Licensee / Nine Network Australia Pty Ltd
Station / TCN, Sydney
Type of Service / Commercial Broadcasting Service (Television)
Name of Program / Big Brother (Program promotion)
Date of Broadcast / 26 June 2012
Relevant Legislation/Code / Broadcasting Services Act 1992
- Section 149
- Clause 2.4 (Classification of all other material)
- Clause 3.9.6 (Depictions of sexual behaviour in a program promotion)
- Appendix 4 (Television Classification Guidelines – G classification)
Investigation conclusion
- No breach of clause 2.4 (Classification of all other material) of the Commercial Television Industry Code of Practice 2010.
- No breach of clause 3.9.6 (Depictions of sexual behaviour in a program promotion) of the Commercial Television Industry Code of Practice 2010.
The complaint
On 18 July 2012, the Australian Communications and Media Authority (the ACMA) received a written complaint, via email, about a program promotion for Big Brother. The program promotion was broadcast by Nine Network Australia Pty Ltd (TCN) on 26 June 2012.
The complaint alleged that the program promotion contained asexual gesture that was inappropriate for broadcast during a PG classified program.
Not satisfied with the response provided by the licensee, the complainant forwarded the matter to the ACMA for investigation.
The program
Big Brother is a reality television program based on a group of people who live together in a house, isolated from the outside world. They are filmed 24 hours a day and there are periodic evictions from the house. The last person to remain in the house is declared the winner.
The program promotion itself is approximately 30 seconds long and depicts a variety of people dancing in public. It is classified G and was broadcast by the licensee on 26 June 2012 at approximately 7.46 pm during the PG classified program The Block.
Big Brother is scheduled to begin on 13 August 2012.
Assessment
The assessment is based on a copy of the relevant broadcast provided to the ACMA by the licensee and 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.
[…]
Restrictions in PG Programs in Certain Time Periods
3.9 Special restrictions apply to the content of program promotions in PG programs broadcast between 7.00 pm and 8.30 pm on weekdays between 10.00 am and 8.30 pm on weekends. All such program promotions must comply with the PG classification requirements set out in paragraph 3 in Appendix 4 and in addition must include no material that involves any of the following:
[…]
3.9.6sexual behaviour other than of a very restrained kind;
[…]
Appendix 4: Television Classification Guidelines
[…]
The General (G) Classification
2.Material classified G is not necessarily intended for children but it must be very mild in impact and must not contain any matter likely to be unsuitable for children to watch without supervision.
[…]
2.2Sex and nudity: Visual depiction of, and verbal references to, sexual activity must be brief, infrequent, contain little or no detail and be strictly limited to the story line or program context. Restrained, brief and infrequent visual depiction of nudity only when absolutely necessary to the story line or program context.
[…]
Complainant’s submissions
In correspondence to the licensee, dated 27 June 2012, the complainant stated the following:
I would like to make a complaint about the Big Brother ad that features [Sonia] Kruger. At the end of the ad three […] men appear and one makes a sexual gesture by grabbing and slapping his crotch. This is aired between 7 – 8pm which I believe to be a family time slot. [...] to have the guy carry out a sexual gesture (in this time slot) is really inappropriate.
In correspondence to the ACMA, dated 18 July 2012, the complainant submitted the following:
[…]
I do not believe the image of a man slapping his crotch is suitable viewing for children. The ad features many people doing the shuffling dance and then at the end, […] one grabs his crotch and makes a sexual gesture by slapping it.
[…]
This was during an episode of The Block which I consider to be family viewing. 7-8 pm.
Licensee’s submissions
In its response to the complainant, dated 4 July 2012, the licensee stated:
[…]
The Big Brother promo is rated “G” and as such must abide by the guidelines laid down for the “G” classification as found in the Code of Practice (the ‘Code’). The Code states that for the overall “G” standards: ‘material is not necessarily intended for children but it must be very mild in impact and must not contain any matter likely to be unsuitable for children to watch without supervision’.
[…]
For ‘G’ rated promos, it also restricts ‘visual depiction of, or verbal reference to, sexual behaviour except of the most innocuous kind’.
The promo for Big Brother was made in such a way to let viewers know that only ‘real people, not ‘fake’ people are allowed in the house, hence the over the top clothes worn by some of the men and women in the promo. The brief […] dance moves the men perform towards the end of the promo is again showing the type of over the top, ‘fake’ people not wanted in the house. Of course, as stated in the promo, “access is denied” for anyone resembling these types of people.
We believe the content of the promo with it’s over the top clothing and dance moves are contained by the above guidelines. The show itself is classified “PG” for ‘parental guidance recommended’ and easily contained at that level and therefore we believe we have complied with the Code.
Finding
The ACMA finds that Nine Network Australia Pty Ltd, in broadcasting a program promotion for Big Brother at 7.46 pm on 26 June 2012, did not breach clause 2.4 (Classification of all other material) and clause 3.9.6(Depictions of sexual behaviour in a program promotion)of the Commercial Television Industry Code of Practice 2010.
Reasons
The complainant is concerned that the Big Brother program promotion is not suitable for broadcast in a PG time zone.
The licensee has submitted that the program promotion was classified G and therefore able to be accommodated in a PG classified program. In these circumstances, consideration has been given to the requirements applicable to a G classified program promotion.
The G classification requirements state that visual depictions of, and verbal references to, sexual activity must be brief, infrequent, contain little or no detail and be strictly limited to the storyline or program context.
In addition to the G classification, clause 3.9.6 provides that program promotions broadcast during PG classified programs between 7.00 pm and 8.30 pm on weekdays, must include no material that involves sexual behaviour other than of a very restrained kind.
The Big Brother program promotion depicts a large group of peopledancing on a street to a popular song. A variety of people are depicted dancing including: a fireman, a priest, a policeman, tradespeople, office workers, café workers and joggers.
Three muscular males are depicted observing the dancing group. The men are wearing clothing that appears to be designed to attract attention, in contrast to the casual, everyday attire of the large group. The males are depicted wearing board shorts; a waist coat with suit trousers, but no shirt; and a tank top with tight denim shorts.
A sequence of shots cuts back and forth between the large group and the three males. A shot of the males includes a depiction of the male in the waist coat with his right hand on his crotch as he dances. The males either side of him are dancing in a similar exaggerated fashion. They are visible albeit partially off screen. The shot is very brief, lasting less than one second, before cutting to another shot of the large group dancing.
The second shot of the dancing males depicts the male in the waist coat moving his hand up and down in quick secession, from below his waist to his shoulder, as part of his dance routine. The male does not touch his crotch during this movement. This scene is approximately one second long. The music at this point is heard slowing fading and the males stop dancing as the music stops. The men look at the group and appear confused as to why the music has stopped.
The next shot shows the large group standing still, looking on in a bemused manner. A voice over is heard saying, ‘This is Big Brother’. The music starts again and the large group resumes dancing.
As the group continue dancing, a computer generated, transparent, house-shaped silhouetteencompasses the large group. A voice over is heard saying, ‘You’ll be surprised who’s in the new Big Brother house’.
The Big Brotherpresenter, Sonia Kruger, who has been dancing at the front of the group, turns to the camera and says, ‘And who’s not’.
The next shot shows thethree males looking at the people in the ‘house’. The males appear offended that they have been excluded and raise their arms in protest.
The promotion ends with the Big Brother and Channel Nine logos depicted against a blue background, accompanied by a voiceover that says, ‘New Big Brother. Soon on Nine’.
The sexual references contained within the program promotion are considered to be no greater than very mild in impact and are justified by context.
Depictions of the three males dancing are infrequent, brief and not necessarily sexual in tone. It is open to infer a sexual context from the dancing, but it is not an overt depiction of sexual activity. The dance move referenced in the complaint is not directed to any one individual and there is no nudity depicted. The dancing is considered to be a very restrained depiction of sexualised behaviour that contains no detail of sexual activity.
The depiction of the males’ dance moves is justified by the program promotion’s context. The promotion highlights that contestants will be normal, everyday people; not attention seekers or extroverts. The males’ exaggerated outfits and dance moves, when juxtaposed with the stylised and orderly dance routine of the larger group, is consistent with this message. The three males are presented as dancing out of sync with the everyday crowd, thereby echoing the message that these types of individuals will not feature in this year’s program.
Furthermore, the impact is further mitigated by the comedic tone, the upbeat music, the quick editing between the dancing scenes and the voiceover used to accompany the visuals.
It is therefore considered that the licensee met the G classification requirements and did not breach clauses 2.4 or 3.9.6 of the Code.
______ACMA Investigation Report – Big Brother (program promotion)broadcast by TCNon 26 June 2012 1