Investigation Report No. 2739

ACMA file reference / ACMA 2011/1990
Broadcaster / Australian Broadcasting Corporation
Station / ABC1Melbourne
Type of Service / National Broadcasting Service (Television)
Name of Program / The Slap – Manolis
Date of Broadcast / 10November 2011
Relevant Legislation/Code / Broadcasting Services Act 1992
  • Section 151
ABC Code of Practice 2011
  • Standard 7.3.1 (Television Classifications – M Mature)
  • Standard 7.7

Investigation conclusion

  • No breach of Standards7.3.1 (Television Classifications – M Mature) or 7.7 of the ABC Code of Practice 2011

The complaint

On 14December 2011, the Australian Communications and Media Authority (the ACMA) received a written complaint, via letter, about The Slap - Manolis which was broadcast by the Australian Broadcasting Corporation (the ABC) on 10November2011.

The complaint alleged that the M classified program contained inappropriate depictions of sex and coarse language and discriminatory content that condoned and encouraged prejudice against Christians.

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

The program

The series The Slap is described on the ABC website[1] in the following terms:

The Slap is a […] television drama series that forensically examines the mores and morality of contemporary middleclass life. Based on Christos Tsiolkas’ bestselling novel, this 8 –part drama series traces the shattering repercussions of a single event upon a group of family and friends.

[…]

The Slap explores what happens when the veil of civility that binds us as a society, is rent aside by one disturbing action. It brings to vivid life questions of parenting, the rights of children, race, class, sexuality, and the different perspectives of men and women.

The sixthepisode, titled Manolis,focuses on the perceptions and actions of Manolis, a senior Greek-Australian, who attempts to return his family to normalcy following an altercation at his son’s 40th birthday party, which saw his nephew slapping the misbehaving child of a friend. Manolis also reflects on his relationship with his wife and the changes in attitude towards family, not only of his children but of his associates.

The Slap – Manoliswas broadcast at 8.30 pm by the ABC on 10November2011 with an M classification. The on-screen consumer advice stated ‘M viewing by mature audiences. Coarse Language.Sex Scenes’. The on-screen advice was accompanied by a voiceover stating:‘Thefollowing episode is rated M and contains coarse language and sex scenes’.

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 broadcaster.

Relevant Provisions

The ABC Code of Practice 2011 (the Code) contains the following provisions that are relevant in the matters raised by the complaint:

V.Associated Standard:
Television Program Classification

[...]

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.

Principles:

The ABC applies the classifications listed below to the broadcast of all its domestic television programs with the exception of news, current affairs and sporting events. The ABC classifications are adapted from the Guidelines for the Classification of Films and Computer Games issued by the Classification Board made under the Classification (Publications, Films and Computer Games) Act 1995.

The guiding principle in the application of the following classifications is context. What is inappropriate and unacceptable in one context may be appropriate and acceptable in another. Factors to be taken into account include: the artistic or educational merit of the production, the purpose of a sequence, the tone, the camera work, the intensity and relevance of the material, the treatment, and the intended audience.

Standards:

7.3.1 Television Classifications

[...]

M – MATURE

(Recommended for people aged 15 years and over)

M programs may be shown:

• on weekdays that are school days, between noon and 3.00 pm; and

• on any day of the week between 8.30 pm and 5.00 am.

The M category is recommended for people aged over 15 years. Programs classified M contain material that is considered to be potentially harmful or disturbing to those under 15 years. Depictions and references to classifiable elements may contain detail. While most themes may be dealt with, the degree of explicitness and intensity of treatment will determine what can be accommodated in the M category – the less explicit or less intense material will be included in the M classification and the more explicit or more intense material, especially violent material, will be included in the MA15+ classification.

[...]

Sex: Sexual activity may be discreetly implied.

Nudity in a sexual context should not contain a lot of detail, or be prolonged.

Verbal references to sexual activity may be more detailed than depictions if this does not increase the impact.

Language: Coarse language may be used.

Generally, coarse language that is stronger, detailed or very aggressive should:

• be infrequent, and

• not be gratuitous.

[...]

Section 7

Harm and offence

Principles

The ABC broadcasts comprehensive and innovative content that aims to inform, entertain and educate diverse audiences. Innovation involves a willingness to take risks, invent and experiment with new ideas. This can result in challenging content which may offend some of the audience some of the time. But it also contributes to diversity of content in the media and to fulfilling the ABC’s function to encourage and promote the musical, dramatic and other performing arts. The ABC acknowledges that a public broadcaster should never gratuitously harm or offend and accordingly any content which is likely to harm or offend must have a clear editorial purpose.

The ABC potentially reached the whole community, so it must take into account community standards. The ABC must also be able to provide content for specific target audiences whose standards may differ from generally held community attitudes. Applying the harm and offence standard requires careful judgement. Context is an important consideration. What may be inappropriate and unacceptable in one context may be appropriate and acceptable in another. Coarse language, disturbing images or unconventional situations may form a legitimate part of reportage,.

Standard

7.7Avoid the unjustified use of stereotypes or discriminatory content that could reasonably be interpreted as condoning or encouraging prejudice.

Complainant’s submissions

On 16 November 2011, the complainant submitted to the ABC that:

I wish to file a formal complaint - re: the religious abuse, the religious mockery, the offensive script, the religious vilification & the totally insulting to all Christians nature of THE SLAP episode / Thurs. Nov. 10th.

According to the ABC – “GOD IS A GODSUCKER!”

As if this wasn’t enough – it was repeated 3 times over to really drive home this point.

My money supports your station. I and the millions of other Christians don’t see why we should be paying you to treat the symbol of our veneration in such a [derogatory] & vile manner.When you insult my God, you insult me.

In correspondence to the ACMA, received on14 December2011, the complainant stated:

[...]

[T]he M classification was incorrect, as the episode was explicit, intense and had the potential to insult disrespect the ABC’s Christian viewers by the vile representation of their God as a sexually explicit filthy joke.

[...]

[The program] condoned and encouraged prejudice against Christians and against their God by the vile representation of their venerated figurehead as a “COCKSUCKER”.

Broadcaster’s submissions

In correspondence to the complainant regarding the program dated 30 November 2011, the broadcaster provided the following relevant submissions:

[...]

This episode of The Slap was classified M [...] and [the] broadcast was preceded by the consumer advice that it contained ‘Coarse Language’ and ‘Sex Scenes’. This warning was clearly displayed at the head of the program with an accompanying voiceover indicating that the material is not recommended for viewers under 15. The ABC’s Editorial Policies allows for M classified programs to be shown on any day of the week between 8.30pm and 5.00am.

On review, we do not believe the blasphemous aspect of the scene required a separate warning and that the warning for “Coarse Language” provided adequate and appropriate warning as to the nature of the content.

It was not the intention of the ABC or the producers to insult either Christians or their God. The intention was to portray the state of mind of the character consistent with the form of the original work – a much acclaimed work of considerable artistic merit.

Finding

The ACMA finds that the Australian Broadcasting Corporation, in broadcasting The Slap - Manolison 10 November 2011,did not breachStandards 7.3.1 or 7.7 of the ABC Code of Practice 2011.

Reasons

Harm and offence

The complainant submitted that the use of the phrase ‘God is a cocksucker’ on three occasions during the program ‘condoned and encouraged prejudice against Christians’.

In assessing content against the Codes, the ACMA considers the meaning conveyed by the relevant material broadcast. This is assessed according to the understanding of an ‘ordinary, reasonable’ listener or viewer. That is, what message the ordinary, reasonable viewer would have understood was being conveyed by the material that was broadcast.

Australian Courts have considered an ‘ordinary, reasonable’ reader (or listener or viewer) to be:

A person of fair average intelligence, who is neither perverse, nor morbid or suspicious of mind, nor avid for scandal.

That person does not live in an ivory tower, but can and does read between the lines in the light of that person’s general knowledge and experience of worldly affairs.[2]

In this case, the relevant comment was made in the program in the following contexts:

  • During a court trial of his nephew, the character Manolis is seen sitting in court listening to another character being cross-examined. The voiceover states:

God is a cocksucker, that much was clear to Manolis. His honest, hardworking nephew standing accused in a court of law. A once beautiful young woman ending up like this, pathetic, lost, married to a drunk.

  • Manolis is again seen sitting in court while the voiceover states:

And all because of one slap. God really is a dirty cocksucker.

  • After returning home from seeing a prostitute, Manolis is seen lying in bed next to his wife, lifting up a sheet and stating in Greek with English subtitles:

God is a cocksucker.

The issue in this case is whether an ordinary, reasonable viewer would have understood that the ABC unjustifiably used discriminatory content against Christians that could reasonably be interpreted as condoning or encouraging prejudice.

TheMacquarie Dictionary (Fifth Edition) defines the word ‘discriminate’ as: ‘to make a distinction, as in favour of or against a person or thing’. In order for the program material to have contained discriminatory content that condoned or encouraged prejudice, it would have to be established that the materialwas unfavourable towards Christians.

Taking into account the contexts in which the comment was made, the ACMA considers that an ordinary, reasonable viewer would have understood that it was made as a form of exasperation to reflect Manolis’ state of mind. While the comment may have offended some viewers, the ACMA does not consider that it communicated any stereotypes or discriminatory content that could reasonably be interpreted as condoning or encouraging prejudice against Christians. In this regard, it is noted that thecomment did not did not urge or inflameviewers to form an unfavourable opinion or feeling towards Christians or Christianity.

Further, the Code sets out principles relating to ‘Harm and offence’ which state that: ‘consideration of the nature of the target audience for particular content is part of assessing harm and offence in context’. The ACMA considers that the ordinary, reasonable viewer would not have understood that they were being persuaded to discriminate against Christians the context of a drama program in which the relevant phrase was used to reflect a character’s state of mind.

The ACMA acknowledges the complainant’sconcern about the comment, however, is satisfied that while it reveals a lack of respect towards Christians, it does not meet the high threshold test in the Code in regard to condoning or encouraging prejudice.

Accordingly, the ACMA finds that the ABC complied with Standard 7.7 of the Code in this instance.

M - Sex

The Code states that sexual activity may be discreetly implied and that nudity in a sexual context should not contain a lot of detail, or be prolonged. The episode broadcast on 10 November 2011 contains two sex scenes:

  • at approximately 41:15 minutes, Manolis’ face is depicted in close-up with the focus of the shot on his facial expressions. The camera slowly pulls back to show his torso and a female head in his lap. Manolis then pulls the female from his lap, saying ‘No’. The female is topless and her position reveals her naked breasts.She wipes her mouth with her hand as she moves into a sitting position. The female asks Manolis if he is okay. From the female’s actions and position it is discreetly implied that she has been conducting fellatio on Manolis and he has had difficulty achieving an erection. Manolis asks if can touch her breasts and she responds by brushing her hair away from her breast and moving into a position where he can cup her breast and press his face against her chest.
  • at approximately 43:00 minutes, Manolis is depicted in his bed next to his wife. The camera pulls back to reveal that the sheet covering Manolis’ body is raised to a peak in the approximate position of his groin. He lifts the sheet to look at his body and then looks to the ceiling saying a phrase in Greek. The accompanying subtitle includes ‘God is a Cocksucker’. His wife rolls over to look under the sheet as well and also speaks a phrase in Greek with the accompanying subtitle ‘I’m glad he is because I’m not going anywhere near that thing’. From the depiction of the sheet and the reaction of the characters it is implied that Manolis hasan erection. Manolis then moves his hand down under the sheet which can be seen to slowly move up and down once, implying that he is rubbing this erection. The movement of Manolis’ hand under the sheet lasts approximatelytwo seconds.

In thefirst scene, it is considered that sexual activity is discreetly implied through Manolis’ facial expressions and the position of the female. The depiction of the breast nudity and Manolis’ cupping of the breasts is considered to comply with the Code as it does not contain a lot of detail and is brief.The scene is approximately 45 seconds in duration and is considered to be relevant to the storyline, as it illustrates Manolis giving into temptation and his realisation that sexual gratification is not what he is missing from his relationship.

In the second scene, it is considered that the sexual activity is discreetly implied through the movement of the bedding and actions of the characters. The scene is 30 seconds in duration and is considered relevant to the storyline as it further illustrates Manolis’ sexual frustration and the lack of interest in sexual activity from his wife.

The sex scenesare considered relevant to the narrative of the program, serving to display Manolis’ state of mind as he succumbs totemptation and visits a prostitute, thelack of fulfilment achieved by this encounter and the lack of sexual intimacy between Manolis and his wife. The scenes arejustified within the context of a drama program, which is driven by the evolving relationships of its characters.

It is therefore considered that the sex scenes in the program can be accommodated within the M classification.

M - Language

The Code states that coarse language may be used. The program contains the naturalistic use of ‘fuck’ language and its derivatives as well as ‘cocksucker’. Aggressive coarse language is concentrated in the scene that depicts the characters Harry and Hector scuffling following a discussion about a court case and the implications of evidence Harry provided, in which its use illustrates the heightened emotional state of the characters involved in the legal proceedings. Overall, coarse language is used infrequently and is relevant to portraying the frustration, confusion and anger of characters, and is justified in the context of realistic dialogue involving a group of family and friends.

Specifically there are three instances in the program where the phrase ‘cocksucker’ is used, as outlined above under ‘Harm and offence’.

The first two instances of the usage of the phrase are part of a commentary setting the scene of the episode for the viewer. The use of the language conveys the anger and frustration the character of Manolis has regarding the court proceedings and is considered a realistic and contextually justified adult response that is in character. The final instance, at the conclusion of the program, conveys Manolis’ frustration at having failed to have achieved an erection with a prostitute who was willing to engage in sexual activity, yet hedid become erect whilst in bed with his wife, who was unwilling to engage in such activity.