Investigation Report No. 2473
File No. / ACMA2010/1654Broadcaster / Australian Broadcasting Corporation
Station / ABC 2
Type of service / National Broadcasting Service
Name of program / Deadwood
Date of broadcast / 3 August 2010
Relevant Legislation/Code / Broadcasting Services Act 1992, section 150
ABC Code of Practice 2007:
· Clause 6.2 (Television program classifications – Classification of television programs – MA 15+ classification)
Date finalised / 17 September 2010
Investigation conclusion
No breach of clause 6.2 (Television program classifications) of the ABC Code of Practice March 2007 (the ABC Code).
acma | 1ACMA Investigation Report—Deadwood broadcast by ABC 2 on 3 August 2010
The complaint
On 9 August 2010 the Australian Communications and Media Authority (the ACMA) received a written complaint about Deadwood (episode 1, season 1) broadcast by ABC 2 on 3 August 2010.
The complainant alleged that the program contained language that was not suitable for television.
Not satisfied with the written response provided by the ABC, the complainant forwarded the matter to the ACMA for investigation.
The program
Deadwood is a US drama series set in the 1870s in the gold-mining town of Deadwood, South Dakota. The program revolves around the characters living in the mining town and includes themes relating to corruption and crime. While the program is largely fictional, it also includes historical characters, such as Calamity Jane and Wild Bill Hickok, and events surrounding these characters.
The episode broadcast on 3 August 2010 focuses on a former Montana Marshall, Seth Bullock, who relocates to Deadwood to set up a hardware business and crosses paths with Wild Bill Hickok and the corrupt businessman/owner of the Gem Saloon.
This episode was classified MA15+ and was preceded with consumer advice that it contained strong coarse language and violence.
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.
The ABC Code contains the following provisions that are relevant in the matters raised by the complainant:
6. Television program classifications
6.1 The ABC applies the classifications listed below to all its domestic television programs with the exception of news, current affairs and sporting events. The ABC classifications are based on the Guidelines for the Classification of Films and Computer Games issued by the Office of Film and Literature Classification (OFLC), made under the Classification (Publications, Films and Computer Games) Act 1995.
6.2 Classification of television programs
MA15+ - Mature Audience
(not suitable for people under 15 years)
MA15+ programs may be shown between 9.30 pm and 5.00 am on any day of the week.
MA15+ programs, because of the matter they contain or because of the way it is treated, are not suitable for people aged under 15 years.
Material classified MA15+ deals with issues or contains depictions which require a more mature perspective. This is because the impact of individual elements or a combination of elements is considered likely to be harmful or disturbing to viewers under 15 years of age. While most themes may be dealt with, the degree of explicitness and intensity of treatment will determine what can be accommodated in the MA15+ category – the more explicit or more intense material, especially violent material, will be included in the MA15+ classification and the less explicit or less intense material will be included in the M classification.
...
Language: Coarse language may be used.
Coarse language that is very strong, aggressive or detailed should not be gratuitous.
Complainant’s submissions
In correspondence to the broadcaster, the complainant stated:
I was watching the movie on ABC 2 last night at 9.30pm called Deadwood.
I had to turn it off after a short time because I couldn’t stand the overuse of the ‘F’ word and also the ‘C’ word. The use of these words was totally inappropriate and I was shocked that out National Broadcaster could stoop so low for ‘entertainment’.
The statement at the beginning of the movie regarding foul language may have mentioned the content, I don’t know I didn’t see the start, but this was straight out of the gutter and should have stayed there. I doubt whether such language would have been around at the time anyway.
Broadcaster’s submissions
In its response to the complainant of 6 August 2010, the broadcaster submitted that:
Deadwood is an acclaimed, award-winning US Western drama series set in the titular town in the 1870s, when it was a fledgling mining camp. The series features frequent use of modern coarse language anachronistically used by the characters. I understand this was a deliberate creative decision made by the writers of the series, with the intention of conveying to the audience the lawlessness and crudity of the frontier mining camp. While, as you point out, modern coarse language would not have been used in the 1870s, I understand the writers of Deadwood chose to replace authentic period swear words (such as ‘goldarn’ and ‘tarnation’), which may sound comical to modern audiences, with contemporary swear words that have the same impact on modern audiences as the period swear words would have had in the 1870s.
On review of the premier episode, Audience & Consumer Affairs acknowledges that it contained frequent instances of characters using coarse language, some of which was very strong and aggressive, and some viewers may have found this distasteful. However, having regard to the reasons for the inclusion of this language, and the legitimate dramatic contexts in which it was used, Audience and Consumer Affairs considers that it was not used gratuitously. We are satisfied that the use of coarse language was consistent with the MA15+ classification guidelines and section 2.4 of the Code of Practice.
Reasons for the Decision
The ABC Code establishes a scale for the use of coarse language that is permissible at each classification. This ranges from mild and infrequent coarse language which is permissible in G classified programs to coarse language, which is permissible in MA15+ classified programs.
It is noted that the program contains frequent use of the word ‘fuck’ and its derivatives, such as ‘fucking’, as well as several uses of the terms ‘cocksucker’ and ‘cunt’.
The work ‘fuck’, including its derivatives, and the term ‘cocksucker’ are considered to be coarse language for the purpose of classifying television programs. The word ‘cunt’ is considered to be very strong coarse language.
The program also contains occasional coarse language that is aggressive and detailed. This includes instances where coarse language is used emotionally or in anger during a fight or argument between characters, or where more than one example of coarse language is used in a sentence.
While the use of the above words and terms are permitted at the MA15+ level, the ABC Code specifies that the use of very strong, aggressive or detailed coarse language should not be gratuitous.
In considering whether the use of such coarse language in this program is gratuitous, it is noted that the coarse language occurs in the context of a period Western drama, which focuses on corruption and crime in a gold mining town. While other coarse language relevant to that period of time may have been used, the use of contemporary coarse language is considered to be important to the realistic portrayal of characters living in a lawless town. The language is considered to define the characters’ anti-social behaviour in a manner that is relevant to a contemporary viewing audience. While there is frequent use of coarse language, very strong, aggressive or detailed coarse language is used less often.
It is therefore considered that the use of coarse language does not exceed the requirements for MA 15+ programs.
Other classification elements
It is noted that the program also contains depictions of violence and nudity which do not exceed the MA15+ classification requirements.
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