Investigation Report No. 2932

ACMA file reference / ACMA2012/1810
Licensee / Network TEN (Brisbane) Pty Ltd
Station / TVQ (ONE)
Type of Service / Commercial Television Service
Name of Program / House of Liesprogram promotion
Date of Broadcast / 28 October 2012
Relevant Legislation/Code / Broadcasting Services Act 1992
  • Section 149
Commercial Television Industry Code of Practice 2010
  • Clause 3.11 (Restrictions in G or PG Programs at 8.30pm)
  • Clause 3.14 (Promotions for Programs Classified MA or AV)
  • Appendix 4, Clause 3.2 (PG classification)
  • Appendix 6, Clause 3 (Classification Zones)

Investigation conclusion

  • No breach of clause 3.11 (Restrictions in G or PG Programs at 8.30pm) of the Commercial Television Industry Code of Practice 2010.
  • No breach of clause 3.14 (Promotions for Programs Classified MA or AV) of the Commercial Television Industry Code of Practice 2010.

The complaint

On 13 December 2012, the Australian Communications and Media Authority (the ACMA) received a written complaint about a promotion for the program House of Lies. The program promotion wasbroadcast by Network TEN (Brisbane) Pty Ltd (TVQ),on its multichannel service ONE,on28 October 2012. The promotion was broadcast during a sports programat approximately 8.34 pm.

The complaint alleged that the program promotion contained depictions of sexual activity that could not be accommodated at the Mclassification, especially given that the promotion was broadcast during a sporting event which children may be watching.

Not satisfied with the response provided by the licensee, the complainant forwarded the matter to the ACMA for investigation.

The program

In correspondence to the complainant on 29 November 2012, TVQ provided the following description of the series House of Lies:

House of Lies is a US comedy drama series about a team of management consultants who use every trick in the book to woo powerful CEOs and close huge deals. The program satirises corporate America. It is classified MA and broadcast at 9.30pm on Mondays.

The 30-second program promotion aired within the broadcast of the 2012 Indian Formula 1 motorcar race. It wasbroadcast at 8.34pm on a Sunday, within an Mclassification zone.

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 Codes of Practice 2010(the Code) contain the following provisions that are relevant in the matters raised by the complainant:

Section 3: Program Promotions

Restrictions in G or PG Programs at 8.30pm

3.11In G or PG programs scheduled to start at 8.30pm, or in a station break preceding such programs, program promotions must comply with the requirements of the PG viewing period set out in paragraph 3 in Appendix 4.

3.11.1This clause also applies to any part of a G or PG program that continues past 8.30pm, having started before that time.

[...]

3.12For the purposes of Clause 3.11, all sporting coverage broadcast between 8.30pm and 10.30pm is deemed to be PG.

[...]

Promotions for Programs Classified MA or AV

3.14A promotion for an MA program may be broadcast at any time except during C and P programs, provided the promotion is suitable for the classification zone in which it is broadcast.

Appendix 4: Television Classification Guidelines

[...]

The Parental Guidance Recommended (PG) Classification

3. Material classified PG may contain careful presentations of adult themes or concepts but must be mild in impact and remain suitable for children to watch with supervision.

[...]

3.2Sex and nudity: Visual depiction of and verbal reference to sexual activity must be restrained, mild in impact and justified by the story line or program context. Restrained visual depiction of nudity is permitted, but only where justified by the story line or program context.

Appendix 6: Multi-Channel Appendix

3: Classification Zones

3.1 The following classification zones apply to all material required to be classified on a licensee’s multi-channel (whether under the National ClassificationBoard Guidelines for the Classification of Film and Computer Games of the Television Classification Guidelines).

Parental guidance recommended (PG) classification zones

3.2 The PG classification zones are:

Weekdays (schooldays)5am –12noon

3pm –8.30pm

Weekdays (School holidays)5am –8.30pm

Weekends5am -8.30pm

3.3 In PG zones, any material which qualifies for a television classification may be broadcast, except that material classified M, MA and AV is restricted to the times set out in Clauses 2.10 – 2.12 of the Code respectively.

Complainant’s submissions

After viewing the broadcast, the complainant made the following submission to TVQ, using the FreeTV Australia online complaint form[1]:

The promotion for the House of Lies series contained what to me were strong sexual images. They were not suitable during a family activity like watching motor sport on TV.

[...]

Although broadcast in an M classification zone the promotion was broadcast during a sporting event, which it should be assumed can be sought to be viewed by a range of age groups, including pre-teen children.

In correspondence to the ACMA, dated 13 December 2012, the complainant considered the promotion was not suitable for broadcast because:

  • it contained sexual behaviour, including aggressive sexual behaviour
  • the brief nature of the depictions was not relevant to the classification
  • the tone of the promotion was not light-hearted.

Licensee’s submissions

In its letter of 29 November 2012 to the complainant, TVQ submitted that:

The promotion to which you refer was broadcast at approximately 8.34pm during the Indian Formula 1 Grand Prix on 28 October 2012. Although the F1 GP coverage was exempt from classification, being a sporting event, program promotions broadcast at this time during sports coverage should comply with the PG classification.

Programs may be promoted at a time with a more restrictive classification, provided that the promotion contains only material that complies with the Code requirements for that lower classification. That is, a promotion for a program with an MA classification may be broadcast during a PG classification zone provided that the promotion itself satisfies the PG classification.

[...]

The promotion introduces the new program and features various scenes from the series. Although it shows women in lingerie and some people embracing there is no nudity, the shorts are very brief and the light hearted tone suggests that none of it is to be taken seriously.

Upon review, we consider the promotion was mild in impact and complied with the PG classification requirements.

Finding

The ACMA finds that the broadcast of the program promotion for House of Lies by Network TEN (Brisbane) Pty Ltdon 28 October 2012at 8.34 pm did not breach clause 3.11 or3.14of the Commercial Television Industry Code of Practice 2010.

Reasons

The program promotions provisions of the Code are intended to ensure that higher classified programs are only to be promoted elsewhere in more restrictive viewing periods if the excerpts shown comply in every respect with the classification criteria of those viewing periods.

Clause 2.4.1 of the Code states that sporting events:

[...] do not require classification, provided the licensee exercises care in selecting material for broadcast having regard to [...] the likely audience of the program

The House of Lies promotion was broadcast within an M classification zone(clause 2.10 of the Code). However, clauses 3.11 and 3.12 of the Code state that program promotions broadcast between 8.30pm and 10.30 pm and during sporting events must not exceed a PG classification. Therefore, consideration has to be given to whether the promotion complied with the requirements of the PG classification.

The Code states that the visual depiction of and verbal reference to sexual activity must be restrained, mild in impact and justified by the story line or program context. The Code permits restrained visual depictions of nudity, but only where justified by the story line or program context.

The House of Lies promotion contains a number of brief depictions of females wearing underwear and undressing. However, itdoes notcontain any nudity. The promotiondoes contain depictions of sexual behaviour and references to sexual activity:

  • The promotion commences with a close cropped shot ofa female wearing underwear,dancing slowly. The next scene features a female lying on a bed,covered by a sheet.
  • A blonde haired female walks up to a dark haired female, pushes her against a wall and kisses her on the lips. In a subsequent scene, the dark haired female pushes the blonde haired female against a wall, pulling down her dress to reveal her bra. The scene cuts to a different angle, with the camera positioned behind the dark haired female. The females implicitly kiss.
  • A female standing in a darkened room takes off her dress, showing her underwear.
  • A female in a dark room hangingupside down on a pole with her arms extended, showingher bra.
  • There is one verbal reference suggesting sexual activity. At 00:12 seconds, the voice-over states:

You’ll see things that will make you want to ...

Actor Don Cheadleis then heard saying ‘bang, bang’ before the voice-over continues with:

It’s double the eye candy with double the episodes.

In each instance the sceneslackexplicit detail. This isdue to the brevity of the shots, the camera angles and editing techniques employed. The scenes are cropped and the editing intercuts these scenes with other action and/or images of the actors’ faces. The inclusion of these additional scenes and the speed with which one cuts to another, mitigate the overall impact of the promotion.

The scenewith the two females kissing is very brief and shows little detail. In this regard it is noted that the scene is cut just as the women’s lips touch. The other scene featuring the two women shows no detail whatsoever, given the camera angle. This depiction is considered to be restrained, as the sexual activity is implied rather than explicitly depicted.

Generally, the other scenes referenced abovefeature one person on screen, and are considered to be mild in impact. In this regard it is noted that they do not contain nudity and, while they may be sexually suggestive, they contain no depictions of sexual activity.

The verbal reference noted above includes the word ‘bang’. The Macquarie Dictionary 5th Editiondefines the word ‘bang’ as:

noun 1. A loud, sudden explosive noise, as the discharge of a gun.

[...]

4. Colloquial an instance of sexual intercourse

The reference in the promotion is brief and no further detail is provided. As such, while an adult could interpret the word to imply sexual activity, it is unlikely that someone unfamiliar with the colloquial meaningwouldreach a similar conclusion.Further, the fact that the word is repeated and spoken quickly means that its use could be interpreted to imply gunshots. The fast pace of the promotion and disjointed nature of the clips further reduces the impact of the voice-over. The verbal reference is therefore considered to be restrained and mild in impact.

The promotion is considered to comply with the PG classification requirements in that any visual depiction of, and verbal reference to, sexual activityis restrained, mild in impact and justified by the storylineand program context, given the program is a comedy drama that featuresadult relationships.

ACMA Investigation Report – House of Lies program promotion broadcast by TVQon 28 October 2012 1

[1]TVQ provided the ACMA with an undated copy of the complaint form.