Investigation Report No. 2718
ACMA file reference / ACMA2011/1857Broadcaster / Australian Broadcasting Corporation
Station / ABC2 Victoria
Type of Service / National Broadcasting Service (Television)
Name of Program / Martin Morning
Date of Broadcast / 2 July 2011
Relevant Legislation/Code / Broadcasting Services Act 1992
- Section 151
- Standard 7.3.1 (Television classifications –G)
- Standard 8.3 (Children and young people – managing risks of exposure to ABC content)
- Standard 8.4 (Children and young people – minimise risks of exposure to unsuitable content)
Investigation conclusion
- No breach of Standards7.3.1 (Television classifications –G), 8.3 (Children and young people – managing risks of exposure to ABC content) or 8.4 (Children and young people – minimise risks of exposure to unsuitable content) of the ABC Code of Practice 2011.
The complaint
On 4 November 2011, the Australian Communications and Media Authority (the ACMA) received a written complaint, via email, about an animated program titled Martin Morningwhich was broadcast by the Australian Broadcasting Corporation (the ABC) on 2 July 2011.
The complaint alleged that the Gclassified program contained a dangerous imitable depiction of a child getting into a stranger’s car.
Not satisfied with the response provided by the ABC, the complainant forwarded the matter to the ACMA for investigation.
The program
The Martin Morning website1includes the following description of the program:
Martin Morning seems like a normal 9-year-old. But strange things happen to him every morning at 7:30 sharp: whenever he gets out of bed, he is transformed into a fantastic, legendary or simply different being. Superhero, alien, dragon, Pharaoh, vampire, astronaut, fireman, Robin Hood... Every day, he and his best friends are faced with extraordinary challenges while trying to cope with Martin’s ever-shifting identities.
Assessment
The assessment is based on a copy of the relevant broadcast provided to the ACMA by the broadcaster and submissions from the complainant and the broadcaster.
Relevant Provisions
TheABC Code of Practice 2011(the Code) contains the following provisions that are relevant in the matter raised by the complainant:
8. Children and young people
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Standards:
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8.3 Adopt appropriate measures wherever practical to enable children and young people, or those who supervise them, to manage risks associated with the child/young person’s participation with, use of and exposure to ABC content and services designed for them.
8.4 Take particular care to minimise risks of exposure to unsuitable content or inappropriate contact by peers or strangers.
V. Associated Standard:
Television Program Classification
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1 31 January 2012]
Key Editorial Standard
7.3 Ensure all domestic television programs – with the exception of news, current affairs and sporting events – are classified and scheduled for broadcast in accordance with the ABC’s Associated Standard on Television Program Classification.
[...]
Standards:
7.3.1 Television Classifications
G – General
(G programs may be shown at any time)
G programs, which include programs designed for pre-school and school-aged children, are suitable for children to watch on their own. Some G programs may be more appropriate for older children.
The G classification does not necessarily indicate that the program is one that children will enjoy. Some G programs contain themes or storylines that are not of interest to children.
Whether or not the program is intended for children, the treatment of themes and other classifiable elements will be careful and discreet.
Themes: The treatment of themes should be discreet, justified by context, and very mild in impact. The presentation of dangerous, imitable behaviour is not permitted except in those circumstances where it is justified by context. Any depiction of such behaviour must not encourage dangerous imitation.
[...]
Complainant’s submissions
On the 2 July 2011, the complainant submitted to the ABC that:
In the episode today of Martin Morning [...] the boys were approached by a stranger offering a starring role in a movie and the boys got in his car without question.
If I can’t trust a G rated show to deliver acceptable messages to my children about strangers and social behaviours then I won’t let them watch it.
At least my children [...] were supervised while watching and I could have a little chat about it – but what about children who are left unsupervised while their parents are busy – what message does it send them?
In correspondence to the ACMA, dated 4 November 2011, the complainant stated the following:
In July this year I contacted the ABC with concerns regarding an episode of a children’s program showing children getting into a stranger’s car.
[...]
The bottom line is, as I see it, that a child was enticed into a car by a stranger by being offered something nice happening. The child was shown to get into the car without question and the episode had a happy ending. The difference in real life when a child is coaxed into a car by a stranger offering something nice happening, there is rarely a happy ending.
While viewers are not encouraged to imitate the behaviours of the characters, the ABC is failing to acknowledge that the target audience is children and they learn by observation and imitation and whether they are encouraged or not, they do imitate learned or observed behaviour.
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I agree that while most children’s risk of inappropriate contact with strangers is low, I believe that the ‘seed is still planted’ i.e. it’s still in the child’s mind that everything was ok for Martin when he went with the stranger.
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In effect, Martin was rewarded for getting into a stranger’s car by getting a starring role in a movie.
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Broadcaster’s submissions
In correspondence to the complainant regarding the program dated 26 July 2011, the broadcaster provided the following relevant submissions:
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We do acknowledge your concern in relation to the depiction of Martin and Gromo getting into Mr Horne’s car. However, it is important to view the depiction within the context of the series. Martin’s actions are not those of an ordinary boy; they are those of a boy who has transformed into something extraordinary, and they are inevitablylead to an adventure. While the scene depicted the two boys getting into the car of a stranger, the context was notably less sinister and more innocuous than such a description suggests: Mr Horne was a film director and he interacted with Martin in his transformed Tarzan persona, hiring him to act in a movie.
[...] it is very unlikely that the program’s young viewers would find themselves in a similar circumstance to the one depicted in the scene, and the specific behaviour exhibited by Martin and Gromo was therefore not imitable. [...]the depiction was strongly justified by the narrative context and it did not encourage dangerous imitation. Accordingly we are satisfied that the depiction was consistent with the G classification guidelines.
Having regard to the context in which the depiction was presented, and the fact that children viewing the program were not encouraged to imitate the behaviour of the characters, Audience & Consumer Affairs considers that the risks associated with the children’s exposure to the program – including risks of inappropriate contact by strangers – were very low.
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The broadcaster provided the following further submissions to the ACMA on 16 December 2011:
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In the ABC’s view, caution should be exercised before concluding that the car scene constituted the type of dangerous, imitable behaviour contemplated by the Code. The ABC seeks to provide content for children which is stimulating, engaging and enriching, and which appeals to children on their own level. The clause should not be read narrowly so as to unduly constrain storytelling, which would result in a great many cherished and familiar stories deemed unsuitable for their intended young audience. We note that the phrasing of the clause requires consideration to be given to the context and the extent to which imitation was encouraged, providing further evidence that the clause should not be read narrowly.
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For broadcast television, the most relevant and appropriate measures taken by the ABC to assist parents and carers to manage the risks associated with exposure to ABC content and services designed for children is the provision of classification labels and consumer advice, and through scheduling decisions. Here, the content had been classified and correctly classified G. [...] We are satisfied that the broadcast of this content did not pose a risk such that further steps were required of the ABC to enable parents or carers to manage that risk.
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The risk of inappropriate contact by peers or strangers predominately arises where the ABC encourages or invites children to participate in activities, for example, visiting a website to chat with ABC presenters or other audience members. There was no such invitation or encouragement given to viewers of Martin Morning. The ABC’s decision to broadcast this program did not facilitate contact between audience members or others in a way that exposed children to the type of risk contemplated by clause 8.4.
Finding
The ACMA finds that the Australian Broadcasting Corporation, in broadcasting Martin Morningon
2 July 2011,did not breach Standards 7.3.1, 8.3 or 8.4 of the ABC Code of Practice 2011.
Reasons
G–Themes
The Code states that the presentation of dangerous, imitable behaviour is not permitted except in those circumstances where it is justified by context.
The opening credits of the program depict Martin changing into various amazing characters, for example a dragon breathing fire, a witch flying on abroomstick, and a vampire. This establishes that Martin, a young boy, is able to change into an incredible being with special powers and attributes that do not belong to a normal child.
In this episode of Martin Morning,Martin wakesup as Tarzan. Wearing a leopard print loin cloth, he beats his chest and ululates loudly.Jungle drums emphasise the character transformation. Heswings from a door frame and eats a banana, displaying the main character traits of his new persona. Martin’s best friend, Gromo, also recognises the transformation: ‘You are so lucky. Do you know that Tarzan is the lord of the jungle?’
Tarzan walks down the street with Gromoas a car drives past them on the road. In the next shot the film director appears, wearing a visor cap and a Hawaiian shirt,accompanied by the cameraman who wasseen holding a boom microphone, wearing headphones and carrying a satchel. The director sees Tarzan and exclaims:
I’m saved, I’m saved! You’re just what I’ve been looking for! We’re making a Tarzan movie and the lead is sick. You’re hired!
The director continues talking and says:
The set’s down the street. We’re two days behind schedule, but I’m saved!
The director walks towards the car and is depicted sitting in the back seat and closing the door. The next shot shows the car driving towards the studio and then cuts to the director, Tarzan and his friend sitting in the back of the car talking about the Tarzan movie.
The scene is the catalyst for the beginning of theadventureand serves as a brief and simple narrative device to further the storyline.
Martin’stransformation into Tarzan is a highly fictitious and unrealistic fantasy portrayal of a young boy changing into a spectacular character.He has special powers and displays extraordinary strength and behaviour. In this context it is Tarzan, and not an ordinary boy, that goes with the director to the studio.
Tarzan and his friend are not enticed, coaxed or depicted receiving a reward for getting into the car or offered anything once in the car.Rather, the scene is presented as Tarzan coming to the aid of a director who needs to complete his movie. No encouragement to enter the car is depicted.
The treatment of Tarzan getting into the car is carefully presented and justified by the storyline of a director hiring a ‘real’ Tarzan for his Tarzan movie and does not depict a presentation of dangerous imitable behaviour.
It is therefore considered that the themes presented in the program are appropriate for young children and can be accommodated within the G classification.
Children and young people
The Code states that the ABC will adopt appropriate measures to enable children, young people and their guardians to manage the risks associated with the use of and exposure to ABC content and services. In relation to the Martin Morning episode under consideration, it is noted that the ABC provided appropriate classification labels and consumer advice and that the program was appropriately scheduled. The ACMA considers that the ABC was not required under the Code to adopt additional measures.
The Code also requires the ABC to take particular care to minimise risks of exposure to unsuitable content or inappropriate contact by peers or strangers. The ACMA notes the broadcast of the program did not encourage any form of interaction that could expose audience members to inappropriate contact by peers or strangers. It is also noted that the program did not contain unsuitable content, that is, dangerous imitable behaviour. The ACMA considers that the ABC was not required under the Code to take any additional steps than those outlined above.
ACMA Investigation Report – Martin Morning broadcast by ABC2 on 2 July 20111