Investigation Report No. 3095
File No. / ACMA2013/1292Licensee / 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 Violence
o 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.
The complaint
On 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 program
The following description of Ripper Street is available on the Network Ten website[1]:
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.
Assessment
The 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 provisions
The 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.
[…]
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 submissions
On 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 submissions
On 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.