Investigation Report No. 2758
File No. / ACMA2012/187Licensees / Channel Seven Adelaide Pty Ltd
Channel Seven Queensland Pty Ltd
Channel Seven Perth Pty Ltd
Channel Seven Brisbane Pty Ltd
Channel Seven Sydney Pty Ltd
Channel Seven Melbourne Pty Ltd
Stations / SAS (Channel Seven Adelaide)
STQ (Channel Seven Queensland)
TVW (Channel Seven Perth)
BTQ (Channel Seven Brisbane)
ATN (Channel Seven Sydney)
HSV (Channel Seven Melbourne)
Type of Service / Commercial Broadcasting Service (Television)
Name of Promotion / Good Christian Bitches
Dates of Broadcast / 22, 23 and 24 November 2011
Relevant Legislation/Code / Clauses 1.9.6,3.9, 3.11 and Appendix 4 Clause 3 of the Commercial Television Industry Code of Practice 2010
Investigation Conclusion
- No breach of clause 1.9.6 (provoke or perpetuate intense dislike, serious contempt or severe ridicule) of the Commercial Television Industry Code of Practice 2010;
- Breach of clause 3.9 (restrictions in PG programs in certain time periods) of the Commercial Television Industry Code of Practice 2010; and
- No breach of clause 3.11 (restrictions in G or PG programs at 8:30pm) of the Commercial Television Industry Code of Practice 2010.
The complaints
Between 17 January 2012 and 2 March 2012, the Australian Communications and Media Authority (the ACMA) received 12 separate complaints about two promotions for the Good Christian Bitches program broadcast from 22 to 24 November 2011 by Channel Seven Adelaide Pty Ltd, Channel Seven Queensland Pty Ltd, Channel Seven Perth Pty Ltd, Channel Seven Brisbane Pty Ltd, Channel Seven Sydney Pty Ltd and Channel Seven Melbourne Pty Ltd, the licensees of SAS, STQ, TVW, BTQ, ATN and HSV respectively.
Each complainant submitted that the promotions offended Christians and degraded women. Complainants 1, 2 and 3 also considered that the promotions contained inappropriate language. Atable setting out each complainant, corresponding licensee, dates of broadcast complained of and relevant Commercial Television Industry Code of Practice 2010 (the Code) clause is set out atAttachment A.
The complainants were not satisfied with the responses provided by the Seven Network and complained to the ACMA.[1]
The investigation has considered the licensees’ compliance with clauses 1.9.6, 3.9 and 3.11 of theCode.
Investigation into the complaints lodged by complainants 1 to 10 and complainant 12 have been commenced pursuant to sections 148 and 149(1) of the Broadcasting Services Act 1992 (the Act). In relation to complainant 11, the ACMA decided to commence an investigation, pursuant to section 170[2] of the Act.
The promotions
Between 22 and 24 November 2011, the licensees aired two promotions (30 seconds and 5 seconds) for the upcoming program, Good Christian Bitches[3], a drama series from the USA about a woman who returns to her home town after many years away. The series is based on a book of the same title.[4] The series premiered in the USA on 4 March 2012[5] and has yet to air on the Seven Network.
A table setting out the dates on which each of the six licensees broadcast the two promotions is found at Attachment B.
A transcript and a description of the visuals of the promotions are set out at Attachment C.
Assessment
The ACMA’s assessment is based on letters of complaint to the ACMA, correspondence between the licensees and the complainants and a copy of the two promotions provided by the Seven Network to the ACMA. Other sources used have been identified where relevant.
In assessing content against the Code, the ACMA considers the meaning conveyed by the relevant material. This is assessed according to the understanding of an ‘ordinary, reasonable’ listener or viewer.
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.[6]
In considering compliance with the Code, the ACMA considers the natural, ordinary meaning of the language, context, tenor, tone, and any inferences that may be drawn. In the case of factual material which is presented, the ACMA will also consider relevant omissions (if any).
Once this test has been applied to ascertain the meaning of the broadcast material, it is for the ACMA to determine whether the material has breached the Code.
Issue 1: Was the broadcast likely, in all the circumstances, to provoke intense dislike, serious contempt or severe ridicule against any person or group on the grounds of gender and religion?
Relevant clauses
Clause 1.9.6 of the Code states:
Proscribed Material
1.9 A licensee may not broadcast a program, program promotion, station identification or community service announcement which is likely, in all the circumstances, to:
[…]
1.9.6provoke or perpetuate intense dislike, serious contempt or severe ridicule against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.
There are exceptions to the application of clause 1.9.6 of the Code, which are listed at clause 1.10 of the Code. However, it is first necessary to consider whether there may have been a breach of clause 1.9.6 of the Code.
The general approach adopted by the ACMA when assessing broadcast material against clause 1.9.6 of the Code is set out at Attachment D.
Complainants’ submissions
A summary of the complainants’ submissions is set out at Attachment E.
Seven Network’s submission
The Seven Network responded to each of the complainants in an identical letter, which relevantly stated that:
[…] It is noteworthy that the drafting of [clause 1.9.6] deliberately includes reference to ‘likely in all the circumstances’, ‘intense’, ‘serious’ and ‘severe’ to reflect the intention that the clause relates only to material that is egregious, flagrant or gross in nature. Therefore, a very high threshold is required to be met before material is considered in reference to clause 1.9.6.
Although the program title includes the words Christian and bitches, we do not believe that the 30 second promotion itself is likely in all the circumstances to provoke or perpetuate intense dislike, serious contempt or severe ridicule against a person or group of persons on the grounds of their female gender or Christian faith.
That said, we regret if you found offence in any elements of the promotion and to the extent that this has occurred we offer our sincere apologies. We can assure you that it was not the Network’s intention to upset or offend viewers. Seven aims to provide a variety of programs to appeal to different audiences and acknowledges that not all things will appeal to all people.
[…]
The ACMA notes that the letter addressed the 30 second promotion.
Finding
The licensees did not breach clause 1.9.6 of the Code.
Reasons
In determining whether the licensees breached clause 1.9.6, consideration must be given to the following:
- identification of the relevant individual or group;
- identification of the relevant ground on which the individual/group was targeted; and
- whether the broadcast provoked intense dislike, serious contempt or severe ridicule against the relevant individual or group.
The relevant person or group of persons and the relevant grounds
The Code requires that the actions complained of must be against a person or a group.
It is noted that there are a number of references to Christians and women in the promotions, namely, the title, Good Christian Bitches, and the woman in the promotion who is dressed in a sexually provocative manner and is wearing a cross around her neck. On this basis, the ACMA is satisfied that the relevant groups were Christians and women on the grounds of religion and gender respectively for the purposes of clause 1.9.6 of the Code.
Did the licensees broadcast material which was likely to provoke or perpetuate intense dislike, serious contempt or severe ridicule against Christians and women on the grounds of religion and gender?
The two broadcasts promoted the program, Good Christian Bitches. Promotion 1[7]depicted a woman wearing red shorts, red high heel shoes, red lipstick, a white singlet showing cleavage and a cross around her neck. The woman is portrayed in a number of sexually provocative poses with a snake sliding over her body or wrapped around her neck. Each shot of the woman was accompanied by a quote taken from various newspapers and magazines, including, ‘Sparked Outrage’, ‘Is Offensive’ and ‘Shocked and Appalled’.
The ACMA accepts that the combination of the visuals together with the words, ‘Christian’ and ‘Bitches’ may have been offensive to Christians and women. However, clause 1.9.6 sets a high threshold for the likely effect of prohibited material. The definitions of ‘intense dislike’, ‘serious contempt’ and ‘severe ridicule’ set out below indicate that the Code contemplates a very strong reaction to the prohibited behaviours. It is not sufficient that the behaviours induce a mild or even strong response. In this case, the material was not likely to have provoked or perpetuated the high level of intense reactions contemplated by the Code.
Applying the threshold test outlined above – including the requirement to consider ‘all the circumstances’ of the broadcast– the ACMA considers that it is unlikely that the promotions were so harsh or extreme that they would perpetuate or provoke intense dislike, serious contempt or severe ridicule against Christians and women. In this regard, it is noted that:
- the promotions were brief – 30 seconds and 5 seconds;
- the title of the program was made in reference to the women in the program itself and not to all Christians and all women; and
- the title of the program only appeared onscreen twice during the 30 second promotion and fleetingly in the 5 second promotion.
While the 30 second promotion included what appeared to be various reviews of the program indicating that it caused negative reactions such as ‘outrage’, ‘uproar’, ‘shock’ and ‘anger’, the quotes related to the program itself and not to Christians and women as respective groups. There were no direct expressions of dislike, contempt or ridicule towards the Christian community or women in general.
For these reasons, the ACMA is satisfied that the promotions did not convey the level of vehemence and harshness required by the Code.
In any event, evenif the ACMA was satisfied that the material conveyed the intensity of feeling required by the code provisions, material which merely conveys negative reactions towards a person or group is not ‘provocation’. There must be something more than an expression of opinion, something that is positively stimulatory of that reaction in others. The ACMA is satisfied that the promotions did not stir up, incite or stimulate viewers against Christians and women. They did not actively encourage viewers to regard Christians and women with displeasure, aversion, scorn or derision. There was no direct invitation to the audience to share feelings of dislike, contempt or ridicule.
The ACMA appreciates that the complainants were greatly offended by the broadcast. However, for the reasons outlined above, the ACMA is of the view that in the circumstances of this broadcast, the material complained about has not breached clause 1.9.6 of the Code.
Issue 2: Classification of broadcast content
Relevant clauses
Clause 3.9 of the Code states:
Restrictions in PG Programs in Certain Time Periods
3.9 Special restrictions apply to the content of program promotions in PG programs broadcast between 7.00pm and 8.30pm on weekdays and between 10.00am and 8.30pm on weekends. All such program promotions must comply with the PG classification requirements set out in paragraph 3 in Appendix 4 and in addition must include no material that involves any of the following:
[...]
3.9.8 coarse language, other than of a very mild nature;
Clause 3.11 of the Code states:
Restrictions in G or PG Programs at 8:30pm
3.11In G or PG programs scheduled to start at 8.30pm, or in a station break preceding such programs, program promotions must comply with the requirements of the PG viewing period set out in paragraph 3 in Appendix 4.
3.11.1 This clause also applies to any part of a G or PG program that continues past 8:30pm, having started before that time.
Appendix 4, clause 3 of the Code states:
Appendix 4: Television Classification Guidelines
[...]
The Parental Guidance Recommended (PG) Classification
3. Material classified PG may contain careful presentations of adult themes or concepts but must be mild in impact and remain suitable for children to watch with supervision.
[...]
3.3 Language: Low-level coarse language may only be used infrequently, when justified by the story line or program context.
Complainants’ submissions
A summary of the complainants’ submissions is set out at Attachment E.
Seven Network’s submission
The Seven Network responded to each of the complainants in an identical letter, which relevantly stated:
[...] A promotion for this program was aired on 22, 23 and 24 November 2011 between 7.59pm and 9.10pm across the PG (parental guidance recommended) and M (mature) classification time zones.
[...]
Clause 3.9 of the Code further stipulates that special restrictions apply to the content of program promotions in PG programs broadcast between 7pm-8.30pm on weekdays, and that all such program promotions must include no material that involved ‘coarse language, other than of a very mild nature.’
In light of your feedback we have reviewed the promotion and believe the material therein complies with the requirements of the Code.
As regards language, although the word, bitch is shown on screen twice and verbalised once, there is no context given to the word within the promotion, it is simply stated as the name of the series which is also the name of the book on which the series is based. In modern usage the slang term bitch can have different meanings depending largely on context and over time it has acquired shades of meaning among various groups and may be used by some people in reference to an unpleasant woman or by others, in more recent times, in a positive way to describe a strong female. We note that the word is not used in an aggressive manner in the promotion or directed toward any person and therefore from a classification perspective it is not considered unsuitable in the PG time zone.’ [...]
On 27 April 2012, the Seven Network provided a response to the ACMA’s preliminary report which contained the following relevant submissions:
[...] we respectfully request that the Authority reconsider its preliminary findings in relation to clause 3.9 on the basis of the submissions set out below.
[...]
[...] the ACMA has considered the impact of the word [‘bitches’], rather than its nature as required by clause 3.9.8 of the Code. Seven respectfully submits that the meaning of each term is notably different and cannot be used interchangeably.
[...]
Although the ACMA considers the impact or impression of the word may have been greater than ‘very mild’, Seven submits the inherent or essential quality of the word itself, as used in the promotions, was ‘very mild’. Indeed, the ACMA states in its preliminary investigation report that the term itself was not used as an insult or in a negative way, rather it was “being used as a slang term for females” and “was justified within the context of a promotion for a program with the word ‘bitches’ in its title”. The ACMA also states that the word ‘is not used aggressively,... [does not] appear to be directed at a specific individual or group’ and ‘is not used frequently’.
Even a high level search of the word “bitch” on the Internet indicates that the term is perceived differently depending on many factors including personal practices and may vary from offensive to endearing. There are a variety of articles that discuss the question of whether the word is offensive at all in modern usage. Accordingly it would not seem to be an inherent characteristic of the word that it is offensive.
Seven considers these factors would suggest that in some circumstances the word could be considered to be of a “very mild nature”. Given the light-hearted context in which the word was used, highlighting the irony of the characters’ self-identification as Christian and their rather un-Christian behaviour, we would submit that this would be an appropriate ruling in this instance. The more colloquial and comedic use is quite distinct from the nature of the word when used in a negative way or as an insult.
[...]
Rap and Hip-Hop have also had a pervasive influence of popular culture and expressions emerging from Afro-American styles are common parlance in the media. In this context the term “bitches” is again used in a non-derogatory way and may be used to denote females or a sisterhood. For example, a female rapper could say “this goes out to all my bitches”. The word has also been used inventively by various groups in a non-offensive way to describe their activities such as the knitting and crochet network known as “Stitch and Bitch”. The community, often exposed to such uses of the word, would naturally accept that the nature of the term, uttered in this way, is very mild.
[...]
Finding
The licensees of SAS and STQ breached clause 3.9 of the Code.
The licensees of SAS and STQ did not breach clause 3.11 of the Code.
Reasons
Restrictions in PG Programs in Certain Time Periods
Program promotions broadcast during PG programs between 7.00 pm and 8.30 pm on weekdays must not only comply with the requirements of the PG viewing period (set out at Appendix 4), but also the more stringent requirements set out at clause 3.9 of the Code, specifically that there be no ‘coarse language, other than of a very mild nature’.
The program promotions relevant to complainants 1, 2 and 3 were shown during PG programs broadcast at the following times, respectively:
- 7.34 pm to 9.43 pm (during The X Factor on Tuesday 22 November 2011 by SAS)
- 7.34 pm to 9.14 pm (during Beauty and the Geek on Thursday 24 November 2011 by SAS)
- 7.34 pm to 9.39 pm (during The X Factor on Tuesday 22 November 2011 by STQ)
During each of these program broadcasts, both versions of the program promotion were shown before 8.30 pm (refer to Attachment B).
The 5 second program promotion features the words ‘Good Christian Bitches’ in large red text. The word ‘bitches’ appears on screen for approximately three seconds. The 30 second program promotion also features the words ‘Good Christian Bitches’ in large red text, appearing on screen twice for a total duration of approximately five seconds. A male voiceover also speaks the words ‘Good Christian Bitches’ once at the end of the promotion. A full transcript of both versions is set out at Attachment C.