file · Web viewThe complaint alleged that the promotion was inappropriate for broadcast during a...

Investigation Report No. 3095

File No. ACMA2013/1292

Licensee Network TEN (Sydney) Pty Ltd

Station TEN, Sydney

Type of Service Commercial Television Service

Name of Program Ripper Street (program promotion)

Date of Broadcast 23 July 2013

Relevant Legislation/Code

Broadcasting Services Act 1992 Section 149

Commercial Television Industry Code of Practice 2010 Clause 2.4 (Classification of Other Material) Clause 3.8 (Restrictions in G Viewing Periods and in

Certain Other G Programs) Appendix 4 (Television Classification Guidelines – The

General (G) Classification)o 2.1 Violenceo 2.2 Sex and nudity

Decision Date 9 December 2013

Investigation conclusion

Breach of Clause 2.4 (Classification of Other Material) of the Commercial Television Industry Code of Practice 2010.

Breach of Clause 3.8 (Restrictions in G Viewing Periods and in Certain Other G Programs) of the Commercial Television Industry Code of Practice 2010.

ACMA Investigation Report – Ripper Street (program promotion) broadcast by TEN on 23 July 2013 1

The complaintOn 29 August 2013, the Australian Communications and Media Authority (the ACMA) received a written complaint about a program promotion for Ripper Street. The promotion was broadcast by Network TEN (Sydney) Pty Ltd (TEN) on 23 July 2013 at approximately 8.08 pm.

The complaint alleged that the promotion was inappropriate for broadcast during a G-classified program as it contained verbal references to violence, including sexual violence, and depictions of sex and violence.Not satisfied with the response provided by the licensee, the complainant forwarded the matter to the ACMA for investigation.

The programThe following description of Ripper Street is available on the Network Ten website1:

Ripper Street is a compelling, zesty crime drama with blockbuster production values and a stellar international cast. Rich episodic storylines meld with the intrigue of a criminal underworld festering on the hard streets of Victorian London, following the battle of the men whose job it is to bring the law to the lawless.

AssessmentThe assessment is based on a copy of the relevant broadcast provided to the ACMA by the licensee, as well as submissions from the complainant and the licensee.

Relevant provisionsThe 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

2.4 All 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.

[…]

1 http://ten.com.au/tvshows/ripperstreet-about%20the%20show.htm [accessed 2 September 2013]


http://ten.com.au/tvshows/ripperstreet-about%20the%20show.htm

SECTION 3: PROGRAM PROMOTIONS

[…]

Restrictions in G Viewing Periods and in Certain Other G Programs

3.8 Special restrictions apply to the content of program promotions in G viewing periods, or G programs which are scheduled to start at 3.30pm on a weekday, or which are broadcast between 7.00pm and 8.30pm on any day. All such program promotions must comply with the G classification requirements set out in paragraph 2 of Appendix 4, and in addition must include no material that involves any of the following:

3.8.1 the use of guns, other weapons or dangerous objects in a manner clearly intended to inflict harm on, or to seriously menace, people or animals;

3.8.2 punches, blows or other physical or psychological violence against people or animals (other than in sequences that clearly depict comedy or slapstick behaviour);

[...]

3.8.4 sequences that involve loss of life;

3.8.5 close-up vision of dead or wounded bodies;

[...]

3.8.7 anything which has more than a very low sense of threat or menace;

[...]

3.8.9 visual depiction of, or verbal reference to, sexual behaviour, except of the most innocuous 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.

2.1 Violence: Visual depiction of physical and psychological violence must be very restrained. The use of weapons, threatening language, sounds or special effects must have a very low sense of threat or menace, must be strictly limited to the story line or program context, must be infrequent and must not show violent activity to be acceptable or desirable.

2.2 Sex and nudity: Visual depiction of, and verbal references to, sexual activity must be very 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 submissionsOn 24 July 2013 the complainant submitted to the licensee that:

During G rated Master Chef channel Ten broadcast an M rated ‘First Look’ for ‘Ripper Street’ which is a clear breach of the code of practice in relation to promotions in G viewing periods.

It had quotes like “She’s been raped” “I will kill her” “Murderer” plus sexual scenes I would not class as mild or innocent and threat and [menace] as a woman is dragged from a building.

Licensee’s submissionsOn 23 August 2013, the licensee responded to the complainant:

[…]

Expert classifiers review the program and program promotions prior to broadcast to ensure they are appropriately placed in accordance with the Code.

You expressed concern regarding the verbal references to violence contained in Ripper Street First Look broadcast during a G classified episode of MasterChef Australia on 23 July 2013 at 8.08pm.

Ripper Street is a BBC crime drama series set in London’s East End in 1889, six months after the infamous Jack the Ripper murders. The series is broadcast on Sundays from 8:30pm and is classified M (Mature). The M classification recommends viewing only by persons aged 15 years or over.

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 M classification may be broadcast during programs classified G provided that the promotion itself satisfies the G classification.

Material classified G is not necessarily intended for children but must be very mild in impact and must not contain any matter likely to be unsuitable for children to watch without supervision. Promotions classified G may contain very restrained visual depictions of violence and special effects with a very low sense of threat or menace.

With respect and noting that you have taken a different view, our assessment is that the promotion to which you refer complied with the Code and was suitable for broadcast during the G classified episode of MasterChef Australia. The visual or verbal references to violent crimes are brief and non-detailed. They are also undercut by the use of a contemporary pop song over the top of the visuals as well as the use of graphics pointing out that the series is coming soon to TEN.

We do appreciate your concerns and regret any offence the material in question has caused you.

[...]

On 25 September 2013, the licensee submitted to the ACMA that:

The promotion is for a period piece crime drama series and is intended to give an impression of the program to viewers rather than depict stronger material. The promotion reveals key characters while emphasising the historical context. The period setting, removed from contemporary experience, mitigates the impact of the material. The music soundtrack dominates the promotion further reducing the impact of the classifiable elements.


Clause 3.8.1

The promotion briefly features approximately one second of footage of a character pointing a gun and stating, “She’s mine”. However, the gun is not aimed at any person or animal. The gun is not fired. The character makes no reference to the weapon. His face is expressionless. There also appears to be a one second shot of a male character hiding behind a wall, implicitly loading a gun through the muzzle.

Hence we submit the promotion [does] not depict the use of a gun or any other weapons or dangerous objects in a manner clearly intended to inflict harm on, or to seriously menace, people or animals.

Clause 3.8.2

One sequence features two men in an apparent brawl. However, the footage is carefully edited such that no actual punch, blow or violence is depicted. The scene lacks detail due to the editing techniques employed. The point of impact is not depicted, though one character’s head rocks back as if he has been punched. The next shot is of the first character implicitly having thrown a punch and the second character falling down but again, no actual punch or blow is depicted. The entire sequence only lasts for approximately three seconds. There are no sound effects as a contemporary pop song and voiceover overlays the visual sequence. The ‘first’ character is one of the main police characters, and is also shown dressed as part of the police inspector’s team in the promotion.

In another very brief sequence, one female character says to a character off screen, “I will kill you” (rather than “I will kill her” as alleged by the complainant).

Another isolated sequence depicts a man (apparently kneeling in a gaol cell) pushed in the chest by foot, falling backwards. The man is not kicked with the toe of the shoe or otherwise struck hard. Rather he is very briefly pushed in the chest using the sole of the shoe. Again there are no sound effects as the music overlays the very brief shot. We do not see him fall to the ground.

We submit this material does not constitute punches, blows, or other physical or psychological violence against people.

Clause 3.8.4

There are no sequences that involve the loss of life. There is an overhead shot of a man lying on the ground, with another person bending down next to him. It is unclear if he is dead or what events took place leading up to this shot.

Following this, there is a separate unconnected shot of a man yelling “murder” but no loss of life is shown.

Clause 3.8.5

There is no close-up vision of dead or wounded bodies. The overhead shot of a man lying on the ground is indistinct and not in close-up. It is unclear if he is dead or what events took place leading up to this shot. In the ‘brawl’ sequence, there is a very brief close-up of one character with a grazed chin.

Clause 3.8.7

One female character says to a character off-screen, “I will kill you”. Another man yells “murder” (rather than “murderer” as alleged by the complainant).

Another brief sequence depicts a woman being taken out of a building by two police officers but not in close-up. The woman briefly cries out but the impact is reduced by the music soundtrack.

Another sequence depicts the main character, Inspector Edmund Reid, with a voiceover stating in a neutral tone, “She’s been ripped, Inspector”. This is a reference to ‘Ripper Street’ and the program’s


historical setting of London’s East End in 1889, six months after the ‘Jack the Ripper’ murders. Importantly, the voiceover does not say, “she’s been raped” as alleged by the complainant. Again, there are no other visual or verbal references to accompany these shots.

The brief sequence depicting a man holding the gun and saying “She’s mine” is the same man in the preceding shot briefly about to kiss a woman. Clearly no-one is depicted being menaced by this sequence.

Ten submits that these and other sequences do not contain anything which has more than a very low sense of threat or menace. The promotion is accompanied by an up tempo pop song which is not aggressive or menacing, reducing the impact of the material. Similarly, the use of graphics and text such as “BBC Hit Drama” and “8 million UK viewers”, interspersed in the promotion, reduces the impact of the material.

The nature and rapidity of the shots, soundtrack, voiceover and graphics conveys a sense of excitement, action and drama, rather than threat or menace.

Clause 3.8.9

During the promotion there are very brief shots of a couple but no actual sexual activity or references are depicted. The characters are clothed. Ten submits that any visual depiction of, or verbal reference to, sexual behaviour is most innocuous.

Hence we submit the promotion is very mild in impact and complies with Clause 3.8 of the Code, in addition to the requirements set out in paragraph 2 of Appendix 4.

On 13 November 2013, the licensee provided the following additional comments in response to the ACMA’s preliminary findings:

We appreciate that the ACMA has come to an alternative view regarding the promotion’s compliance with the Code, particularly with respect to certain sequences. Please be assured Network Ten takes great care to carefully assess all program promotions to ensure they are suitable for broadcast under the Code.

The promotion was designed to provide a brief, non-detailed, but exciting and representative overview of a high-quality UK series to viewers. It was intended to be an accurate précis of what viewers can expect while satisfying the requirements for a promotion broadcast during a G classified program.

In interpreting a final investigation report for future classification purposes, Network Ten is keen to ensure that it can appropriately inform viewers of upcoming programming while satisfying the Code requirements.

Although physical violence cannot be included in a promotion, the depiction of police work is pivotal to successfully promoting a police drama program. In classification terms, it has always been accepted that a push by a police officer or detective is permissible but not a punch, slap or kick. A push may be administered by hand or foot. In this promotion, a criminal is pushed using the sole of a flat foot. The criminal has his hands cuffed behind his back in a room surrounded by bars.

To be an effective promotion, the depiction of characters requires some level of detail, while satisfying the requirements of the Code. In this promotion a well-dressed lady features more than once. In one sequence she says to someone off screen, “I will kill you”. She has no weapon. In Network Ten’s view the character is emphatic rather than aggressive and the phrase is often used to express annoyance, rather than intended as a literal threat.

Another character, a shirtless male, engages in bare knuckle boxing, a sport typical of the era. He is featured elsewhere clothed. Such visuals are familiar to people in a modern sporting context, and the


sport of boxing has featured in G viewing periods across the television networks, including during sports news bulletins.

[...]

The stylised nature of the promotion and judicious editing further mitigates the intensity of the material.

We appreciate the ACMA has acknowledged that such techniques do “serve to create some viewing distance in terms of a potential for greater impact…”

Nevertheless, we understand that the ACMA has come to a different preliminary view as to the impact of the above sequences featured in this particular promotion.

FindingThe ACMA finds that Network TEN (Sydney) Pty Ltd’s broadcast of a program promotion for Ripper Street at approximately 8.08 pm on 23 July 2013 breached Clauses 2.4 and 3.8 of the Commercial Television Industry Code of Practice 2010.

ReasonsThe program promotions provisions of the Code are intended to ensure that higher classified programs are only to be promoted in more restrictive viewing periods, or programs broadcast at certain times, if the content depicted complies in every respect with the classification criteria of those viewing periods or programs and, in certain circumstances, a range of other specific restrictions.

The program promotion identified by the complainant was broadcast at approximately 8.08 pm on 23 July 2013 during a G classified program. As such, the promotion must comply with the G requirements of the Code. In addition, Clause 3.8 of the Code stipulates that program promotions in G programs broadcast between 7.00 pm and 8.30 pm on any day must comply with additional special restrictions. Accordingly, as the Ripper Street program promotion was broadcast during this period, it must also comply with these additional restrictions.

The program promotion

The 50-second program promotion’s soundtrack features a contemporary pop song and the following voiceover:

In a lawless town, how do you solve one of the biggest murder mysteries of all time? BBC’s spectacular new drama is coming to TEN. The epic drama event, Ripper Street, on TEN.

It also includes the following text, interspersed between scenes from the series:

JACK THE RIPPER

BBC HIT DRAMA

8 MILLION UK VIEWERS

AUSTRALIA ... IT’S A RIPPER!

RIPPER STREET NEW DRAMA TEN


The program promotion features footage from the series, including close ups of characters and some dialogue. As the complainant has expressed concern about violence, sexual activity and threatening language, the following 13 scenes are relevant:

1. at 00.03 seconds, a male and female are seen in close up, kissing. Their bare shoulders are visible (Scene 1)

2. at 00.04 seconds, a male and female are seen in close up, kissing. The male is wearing a shirt and the female a bustier (Scene 2)

3. at 00.05 seconds, two males are facing each other. Both are shirtless. A group of males form a circle around them. A close up of one of the men shows blood on his chin and shoulder. It is implied that he throws a punch, although the impact is not seen. The other man’s head is shown snapping backwards as he falls (Scene 3)

4. at 00.08 seconds, a fully clothed male is shown lying on his back on a cobbled street. A second male is kneeling over him as a crowd of people look on. The crowd disperses (Scene 4)

5. at 00.11 seconds, a male is shown in close up, yelling ‘Murder!’ (Scene 5)

6. at 00.15 seconds, a male appears to be hiding behind a wall, loading an unseen weapon (Scene 6)

7. at 00.16 seconds, a female is shown being dragged, screaming, out of a building by two police officers (Scene 7)

8. at 00.17 seconds, a male voice is heard stating, off-camera, ‘She’s been ripped, Inspector’. The footage features a close up of a male, whose face appears to register shock (Scene 8)

9. at 00.30 seconds, a male and female are shown embracing on a bed. The male appears to be unlacing the female’s bustier (Scene 9)

10. at 00.31 seconds, a male is seen in close up, aiming a gun off camera and saying ‘She’s mine’ (Scene 10)

11. at 00.34 seconds, a male is kicked in the chest and is shown falling down as a result of the kick (Scene 11)

12. at 00.39 seconds, a female is shown in close up stating ‘I will kill you’. Her tone of voice and hand movements are aggressive (Scene 12)

13. at 00.46 seconds, a male and female are seen in close up, facing each other in what appears to be an embrace (Scene 13).

The G Classification

Given the complainant’s concerns, there are two classifiable elements that are relevant – violence and the combined element of sex and nudity. It is noted that while some of the verbal content indicates the presence of themes (e.g. ‘she’s been ripped’), as these predominantly relate to violence, they are dealt with under the classifiable element of violence.

Violence

The Code states that the visual depiction of physical and psychological violence at G must be very restrained – and all content classified G must be very mild in impact. Further, the use of weapons, threatening language, sounds or special effects must have a very low sense of threat or menace,


must be strictly limited to the story line or program context, must be infrequent and must not show violent activity to be acceptable or desirable.

Four scenes depict or imply violence:

Scene 3 depicts a brawl. One of the participants has blood visible on his face and torso. This same participant also appears to throw a punch, although the editing of the scene is such that the impact is not shown. The head of the male who has implicitly been hit is briefly shown falling backwards. Despite the editing and the brevity of the scene, the strongly implied depictions of violence are not very restrained and therefore exceed a very mild impact. The licensee has submitted that such visuals would be familiar to ‘people in a modern sporting context’ and that boxing has featured in G viewing periods, including during sports news bulletins. However, the ACMA does not consider that these factors diminish the impact of the scene.

Scene 7 depicts two police officers dragging a woman out of a building. Due to the brevity of the depiction and the lack of context regarding the incident (e.g. it is not clear whether the police are assisting the woman by, for example, removing her from a dangerous situation), the scene is very restrained. However, in the context of a 50-second promotion, it adds to the cumulative impact of the material.

Scene 10 depicts a man in close up holding a gun. As the gun is pointed off-camera, and no other person is visible, the sense of threat or menace is very low. However, it adds to the cumulative sense of threat and menace within the material.

Scene 11 depicts a male receiving force inflicted by foot to his torso. He is depicted falling backwards as a result of the impact. The scene, although very restrained, again adds to the cumulative viewing impact of the material.

There are three verbal references to violence, or violent acts:

Scene 5 contains a male yelling ‘Murder!’. The scene does not include any visual footage of a murder and in itself does not exceed a very low sense of threat or menace.

Scene 8 includes the dialogue ‘She’s been ripped, Inspector.’ The footage includes a character’s response to that statement but no other visual or verbal information relating to the statement. Note that upon initial viewing, the dialogue in this instance appears to state ‘she’s been raped’, however subsequent viewing and submissions from the licensee indicate the term being used is ‘ripped’ not ‘raped’. The term ‘ripped’ in this context is ambiguous, but implies violent activity in line with the story line or program context, as evidenced by the reaction of the character on screen.

Scene 12 includes the statement ‘I will kill you’. The licensee has submitted that the female character is emphatic rather than aggressive, that there is no visible weapon and that the phrase is not always intended as a ‘literal threat’. The ACMA considers that, while no other character is visible, and no other information is provided relating to the threat, the words themselves constitute threatening language, which in this context, given her tone and body language, exceeds a very low sense of threat or menace.

The Television Classification Guidelines at Appendix 4 of the Code indicate that the frequency and intensity of key elements such as violence, sexual behaviour, nudity and coarse language determine the suitability of material for broadcast, and the time of day at which it is broadcast.


The ACMA has previously established in a number of its investigations that the frequency and intensity of classifiable elements throughout a program affect the intensity of a program as a whole, and therefore the cumulative impact of that program.2

The cumulative impact of the depictions and verbal references to violence within the promotion – and Scene 3 in itself – exceed a very mild viewing impact, and, in the case of the language used, create a sense of threat and menace that exceeds very low. Given the 50-second duration of the promotion, the instances of, and references to, violence are also deemed to be frequent.

As visual depictions of physical and psychological violence must be very mild in impact, and threatening language must have a very low sense of threat or menace and be infrequent, the treatment of violence in the program promotion is unsuitable for children to watch without supervision and constitutes a breach of the classification requirements at Clause 2.4 of the Code.

While the stylised nature of the visuals, contemporary music soundtrack and superimposed text arguably serve to create some viewing distance in terms of a potential for greater impact, the actual viewing impact remains at a level that exceeds very mild given the overall treatment.

Sex and nudity

In relation to sex and nudity, the Code states that any visual depiction of, and verbal reference to, sexual activity must be brief, infrequent, contain little or no detail and be strictly limited to the story line or program context.

Scenes 1, 2, 9 and 13 feature characters embracing or kissing. While this may be deemed to constitute sexual activity, it is of a brief nature, contains little detail and appears to be limited to the story line and context of the program. Accordingly, these scenes do not exceed a very mild impact and comply with the requirements of the G classification.

Additional ‘special restrictions’

Given the complainant’s concerns, six of the additional provisions at Clause 3.8 of the Code are relevant. These are considered below.

Clause 3.8.1 – Weapons

Scenes 6 and 10 both concern weapons. In Scene 6, it is implied that a weapon is being loaded, although the weapon is not visible. In Scene 10, a gun is pointed off camera. Accordingly, neither scene features the use of guns or weapons in a manner clearly intended to inflict harm on or to seriously menace people or animals. These scenes comply with Clause 3.8.1 of the Code.

Clause 3.8.2 – Physical violence

Scene 3 depicts an apparent brawl where, as outlined above, the impact of the scene exceeds a very mild impact. The provisions at Clause 3.8.2 deal with ‘punches, blows or other physical or psychological violence against people’. While the editing excludes explicit depictions of blows being landed, the scene clearly implies (and thereby involves) physical violence against people. As such, the ACMA considers that the scene does not meet the requirements of Clause 3.8.2. The licensee has submitted that ‘[…] it has always been accepted that a push by a police officer or detective is permissible but not a punch, slap or kick’. However, the wording of the Code does not provide for a particular approach to classification regarding depictions of police work, except as it may be relevant to the consideration of context. In this case, and for the reasons detailed above, the nature of the promotion does not mitigate the overall impact level or the fact that physical violence is depicted.

2 See, for example, Investigation Reports 2018, 2023, 2040 and 2088.


Scene 11 clearly shows a male being explicitly kicked and falling backwards as a result of the blow. The licensee has submitted that the scene depicts one male pushing another ‘in the chest by foot’, and that this does not represent a kick. The licensee has further submitted that a push by a police officer is permissible. The ACMA considers that this scene clearly features a male receiving a blow to his torso of sufficient force to send him falling backwards. Regardless of whether the scene depicts a kick or push (as submitted by the licensee), the ACMA considers that it constitutes physical violence and therefore does not meet the requirements of Clause 3.8.2.

It is acknowledged that the scene is brief, however the Code specifies that program promotions broadcast during G programs between 7.00 pm and 8.30 pm cannot include material featuring punches, blows or other physical violence. Accordingly, this scene does not comply with Clause 3.8.2 of the Code.

Clause 3.8.4 – Loss of life

Scene 4 depicts a male lying motionless on his back. However, no detail is provided to explain why he is lying motionless. As it is unclear whether he is wounded or deceased, this scene technically complies with Clause 3.8.4 of the Code, however cumulatively contributes to the impact of the violence within the material.

Clause 3.8.5 – Dead or wounded bodies

Clause 3.8.5 prevents ‘close-up’ depictions of dead or wounded bodies. While Scene 3 depicts images of a male with blood on his face and torso, he is not shown in close-up. Scene 4 also does not feature a close up of the male lying motionless. In any case, the viewer is not given any detail to indicate whether he is dead or wounded. These scenes comply with Clause 3.8.5 of the Code, however cumulatively contribute to the impact of the violence within the material.

Clause 3.8.7 – Sense of threat or menace

As detailed above (refer The G Classification – Violence), Scene 12 contains a verbal reference to violence that exceeds a very low sense of threat and menace.

Additionally, as Clause 3.8.7 applies to ‘anything’ which has a more than very low sense of threat and menace (as opposed to the criteria within the G classification that are constrained to the use of ‘weapons, threatening language, sounds or special effects’ when considering the sense of threat or menace), Scenes 3 and 11 contain depictions of violence which also exceed a very low sense of threat and menace.

Additionally, the cumulative depictions of violence detailed above (Scenes 3, 7, 10 and 11) – and physical threats of violence – exceed a very low sense of threat and menace.

Clause 3.8.9 – Sexual behaviour

As considered above (refer The G Classification – Sex and Nudity), Scenes 1, 2, 9 and 13 feature characters embracing or kissing. These very brief scenes constitute sexual activity of the most innocuous kind, and therefore do not exceed the special restrictions at Clause 3.8.9.


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