Investigation Report No. 2649
ACMA file reference / 2011/1453Licensee / Network TEN(Sydney) Pty Ltd
Station / TEN, Sydney
Type of Service / Commercial television broadcasting
Name of Program / Can of Worms
Date of Broadcast / 11 July 2011
Relevant Legislation/Code / Broadcasting Services Act 1992
- Section 149(1)
- Clause 2.4 (classification of other material)
- Appendix 4 Paragraph 4.3 (Television Classification Guidelines) (M Classification - language)
Investigation conclusion
- No breach of Clause 2.4 (classification of other material) of the Commercial Television Industry Code of Practice 2010.
- No breach of Appendix 4Paragraph 4.3 (Television Classification Guidelines – M classification; language) of the Commercial Television Industry Code of Practice 2010.
The complaint
On 17 August 2011, the Australian Communications and Media Authority (the ACMA) received a written complaint, via email, about an episode of the panel discussion program Can of Worms that was broadcast by Network TEN (Sydney) Pty Ltd, the licensee of TEN,on 11 July 2011.
The complaint alleged that the M-classified program contained frequent coarse language that was not suitable for the M classification.
Not satisfied with the response provided by the licensee, the complainant forwarded the matter to the ACMA for investigation.
The program
In its 16 August 2011 response to the complainant, TEN describes Can of Wormsas:
[...] an Australianpanel television show hosted by Ian “Dicko” Dickson. Each week, special guests and the viewing audience are asked questions about aspects of everyday Australian life that may touch on areas of public sensitivity in a light-hearted and entertaining manner.
The three guest panellists in the episode broadcast by TEN on 11 July 2011 were Don Burke, Jessica Rowe and Tom Ballard. The two questions asked and discussed at greatest length were ‘Is the burqa out of place in Australia?’ and ‘Do Australians swear too much?’. There was also a short segment where six questions were asked and answered briefly.
This episode was classified M by the licensee. The on-screen consumer advice read 'Recommended for mature audiences, [L] Frequent Coarse Language [S] Sexual References [A] Adult Themes'. The consumer advice text was accompanied by a voiceover that said:
Can of Worms is classified M. It contains frequent coarse language, sexual references and adult themes. Channel Ten recommends viewing by mature audiences. We also warn you that some viewers might be offended by the opinions in this show.
The classification symbolswere displayed after commercial breaks in accordance with Clause 2.18 of the Commercial Television Industry Code of Practice 2010 (the Code).
Assessment
The assessment is based on a copy of the relevant broadcast provided to the ACMA by the licensee and submissions from the complainant, including a copy of the licensee’s response to the complainant.
Relevant Provisions
The Code contains the following provisions that are relevant in the matter raised by the complainant: 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) [...]
Appendix 4: Television Classification Guidelines
The Mature (M) Classification
4 Material classified is recommended for viewing only by persons aged 15 years or over because of the matter it contains, or of the way this matter is treated.
[...]
4.3Language:The use of coarse language must be appropriate to the story line or program context, infrequent and must not be very aggressive. It may be used more than in infrequently only in certain justifiable circumstances when it is particularly important to the story line or program context.
Complainant’s submissions
In correspondence to TEN, dated 14July 2011, the complainant stated the following:
I switched to Channel 10 at 9.30 to watch Law and Order, and with the programme [overrun] saw part of the end of Can of Worms.
In the 5 minutes I left it on, Mr Burke used the four letter “f” word five or six times.
[...]
The content and context of the programme was disgusting. In any case, with a programme [overrun], the content may conflict with the rating of the next advertised programme.
[...]
In further correspondence to TEN, dated 17 July 2011, the complainant stated the following:
The use of the [coarse] language was repetitive.
It was not important to the story line or the context of the programme.
[...]
The programme may be rated M, but any average citizen would not expect a panel programme to use such language deliberately and repeatedly
[The] advertised timing of your programme does not allow for over runs and when switching, the viewer does not know the classification of the over run programme. Being a panel discussion, such language is not expected.
[...]
Licensee’s submissions
The licensee responded to the complainant on 16 August 2011. The response contained the following relevant submissions:
[...]
The sequence to which you refer involved the program’s guests responding to the question, “Do Australian swear too much?” During the course of the discussion, the guest Don Burke used the “f” word. It was not used maliciously or aggressively but rather to illustrate the guest’s views on the topic. Jessica Rowe and Don Burke represented opposite viewpoints in the debate which provided a good basis for the discussion including issues such as “Is it ever appropriate to swear?”
[...] we consider the language to which you refer was justified by the program context and complied with the M classification leaving it suitable for broadcast after 8:30pm.
Finding
The ACMA finds that the licensee, Network TEN (Sydney) Pty Ltd, has complied with Appendix 4 Paragraph 4.3 of the Code in broadcasting Can of Worms with an M classification on 11 July 2011.
Reasons
The Code states that in programs classified M,coarse language must be appropriate to the story line or program context, infrequent and must not be aggressive. It may be used more than infrequently only in certain justifiable circumstances when it is particularly important to the story line or program content.
Can of Worms is a panel discussion program that deals with topical issues. These issues are generally ones that might be considered sensitive or controversial. Panellists are expected to discuss the issues and provide their opinions in a frank manner. This is established by the introduction and the format. At the start of the program the host provides the instructions to the panellists that:
All we’re after from you guys is no fence sitting, straight answers, honest opinions. You can start with a yes or a no.
He then poses a question about a topic.Panellists provide a ‘yes or no’ answer before a discussion of the issue commences.
Within this context, the panellists were asked ‘Do Australians swear too much?’.Opinion was divided and a debate about the issue ensued. The debate was moderated by the host.
The words‘shit’and ‘fuck’ (and its derivatives) were used in a variety of ways during the debate. For example, in response to the question ‘What was your first swear word you learnt as a kid?’, Don Burke answered ‘fuck’. In this instance the coarse languagewas provided in a non-aggressive manner as part of a factual answer to a question.
Another example is the posing of the question about swearing at police officers in public places. The words ‘fuck’ and ‘pig’ were used in an explanation as to why it might be appropriate for swearing to be criminalised in some circumstances. The use of coarse language was used by way of illustration and contrast. It was not used in an aggressive or derogatory manner.
The use of coarse language inthe context of a program that is, in part, about the use of coarse language, is appropriate. It is also reasonable that the subject of coarse language itself be discussed on the program because it is likely to be of interest to the public generally.
The frequency with which coarse language was used in the program can be accommodated at the M classification. It is noted that there was no coarse language in the other segments of the program and that one instance of coarse language in this segment was censored.
The complainant’s concern about the overrun of Can of Wormsand the different classification of the program broadcast following Can of Wormsis noted.
Whilst the Code does not contain provisions that specifically deal with the issue of program overruns,Clause 2.10 of the Code sets out the Mature (M) Classification zones as:
Weekdays (schooldays): 8.30pm - 5.00am
12.00 noon - 3.00pm
Weekdays& Weekends: 8.30pm - 5.00am
(school holidays)
Can of Worms was broadcast during the M classification zone in accordance with the Code. The overrun of programs is an event that occurs occasionally and there will be times when the classification and /or consumer advice provided for consecutive programs differ. However, as Can of Worms was correctly classified and broadcast during the correct classification zone it complies with the relevant aspects of the Code.
ACMA Investigation Report – Can of Worms broadcast by TENon 11 July 2011 1