Investigation Report No. BI-173
SummaryFile no. / BI-173
Broadcaster / WIN Television NSW Pty Ltd
Station / Go!
Type of service / Commercial Television
Name of program / Balls of Steel Australia
Date of broadcast / 13 January 2016
Relevant standard / Clause 2.6.2 [dislike, contempt or ridicule on grounds of sexual preference]
Date Finalised / 8 April 2016
Decision / No breach of clause 2.6.2 [dislike, contempt or ridicule on grounds of sexual preference]
Opening
In March 2016, the Australian Communications and Media Authority (the ACMA) commenced an investigation under section 170 of the Broadcasting Services Act 1992 (the BSA) into a segment onBalls of Steel Australiabroadcast on Go!byWIN Television NSW Pty Ltd.
The ACMA received a complaint alleging that the segment contained outdated and tasteless views that were ‘likely to insult and subconsciously wound large groups of peoplein the homosexual community and their supportive friends and families’.
The program
Balls of Steel Australia is described as:
an Australian reality comedy television series (based upon the UK series of the same name) which is hosted by The Chaser's Craig Reucassel. The show revolves around comedians who appear and present individual skits where they would perform stunts and hold their nerve during hidden camera set-ups in the presence of the Australian public.[1]
According to the Nine Network’s response to the complainant, the episode that was the subject of the complaint was broadcast at approximately 10.25 pm in the MA 15+ time zone on 13 January 2016. The program included a segment that was five minutes and 15 seconds in duration. It involved the guest presenter, Olivia Lee, auditioning severalmen fora new television show that, unbeknownst to the men, was a fictional gay reality television show. The audition process includedthe men describing the physical attributes that they prefer in a partner, simulating sex with a footrest (pouf), modelling ‘sponsor’s’ clothing, dancing with a blow up male doll and kissing a man.
A transcript of the segment is at AttachmentA.
Assessmentand submissions
When assessing content, the ACMA considers the meaning conveyed by the material, including the natural, ordinary meaning of the language, context, tenor, tone, images and any inferences that may be drawn. This is assessed according to the understanding of an ‘ordinary reasonable’ listener or viewer.
Australian courts have considered an ‘ordinary reasonable’ 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]
Once the ACMA has ascertained the meaning of the material that was broadcast, it then assesses compliance with the Code.
The investigation takes into account relevant submissions from the complainant (at Attachment B) and the Nine Network (at Attachment C). Other sources are identified below.
Material not suitable for broadcast
Relevant Code provision
The ACMA has investigated the broadcast materialagainst the following provisions of the Commercial Television Industry Code of Practice 2015 (the Code):
2.6 Material not suitable for broadcast
[…]
2.6.2A Licensee must not broadcast any Program, Program Promotion, CommunityAnnouncement or Station ID which is likely, in all the circumstances, to provoke or perpetuate in, or by a reasonable person, intense dislike, serious contempt or severe ridicule against a person or group of people because of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.
2.6.3A Licensee will not be in breach of clause 2.6.2 if the relevant conduct is said or done reasonably and in good faith:
a)in broadcasting an artistic work (including comedy or satire);
[…]
Finding
The licensee did not breach clause 2.6.2 of the Code.
Reasons
In determining whether the licensee has breached clause 2.6.2, the ACMA must consider the following:
identification of the relevant person/group and the relevant ground
whether the broadcast was likely to have provoked intense dislike, serious contempt or severe ridicule against the relevant person/group on that ground.
The complainant submitted to the ACMA that:
The stereotyped content would have at best only served to perpetuatederision and misunderstanding amongst the general populace. And at the worst, encourage them to continue to act out against homosexual folk, [ie. teasing, bullying and discrimination in schools, within families, social situations and work places].
In response to the original complaint, the Nine Network responded:
Nine does not consider that the program reaches the requisite threshold set out in the Code […] material contravening the Code must invoke an ‘intense, serious or severe’ reaction in an ordinary reasonable viewer. In Nine’s view the comedic elements of the Program, and of the prank itself, means that the Program is clearly designed to invoke a humorous response, as opposed to any immoderate or severe reaction proscribed by the Code.
The relevant person or group of persons and the relevant ground
The complainant identified sexual preference as the basis for the alleged breach of clause 2.6.2 of the Code.
The segment includedreferences to sexual preference including the explicit statement that the ‘new’ programwas a ‘gay reality show’. The men auditioning for itwere asked to simulate sexual practices or behaviours that may be associated with gay men, and they were asked to dance with, kiss and hug, another man.
Accordingly, the ACMA is satisfied that the relevant group of people for the purposes of clause 2.6.2 is gay people and that the relevant ground is sexual preference.
Provoke or perpetuate
The ACMA asks if the segment urged the audience to share feelings of dislike, contempt or ridicule on the basis of sexual preference. Conduct that merely conveys a person’s dislike, contempt or ridicule towards a person is not unlawful.
The ACMA considers that the requisite elements of provocation or incitement were absent from the segment.
There was no explicit or implied condemnation of gay people or homosexuality. While it did include some content that some viewers may have considered to be in poor taste, such as sexual innuendo and play on words, there was nothing in the segment that appealed to viewers totreatgay people with dislike, contempt or ridicule based on their sexual preference.
Further, the segment involved a man (described as someone already cast to be in the house—which the audience knew to be a household of gay men)who knowingly participated in the prank. This man was neither the target nor vehicle for negative or derisive reactionsabout his sexual preference.
‘Intense dislike, serious contempt or severe ridicule’
The inclusion of the adjectives ‘intense’, ‘serious’ and ‘severe’ contemplates the provocation of a very strong reaction in the audience. It is not sufficient that the broadcast induces a mild or even strong response.[3]
As indicated above, there was no explicit or implied condemnation of gay people or homosexuality.Any behaviour depicted in the segmentor other material that may have been perceived as specifically targetinggay people or homosexuality was not sufficiently extreme or vehement to arouse thestrength of audience response contemplated at clause 2.6.2.
As the content did not breach clause 2.6.2, there is no need for the ACMA to consider clause 2.6.3.
However, the ACMA acknowledges that some viewers may have considered the segment’s portrayal of gay men as stereotypical(e.g. that gay men are effeminate). To the extent that it may have provoked ridicule on the basis of sexual preference, the ACMA considers that any‘outdated’ stereotyping was used reasonably and in good faith for the purpose of amplifying the humour and impact of the prank.
Accordingly, the ACMA finds that the licensee did not breach clause 2.6.2 of the Code.
Attachment A
Transcript of segment onBalls of Steel Australia broadcast by GO!on13 January 2016
Screen shot: Prank TV Oz
Guest presenter (Olivia Lee, Balls of Steel UK): People are literally willing to do anything to be on TV, ‘Hi,’ especially if it’s a reality show. So I’m gonna audition guys for a show called The Summer of Love. The only thing the guys don’t know is that it’s a gay reality show.
Shot against a background of two ‘Summer of Love’ banners
Presenter: This is to find new big reality stars to live in a house for the summer. So is that something you’d be interested in?
Auditioning male one: Yeah, definitely would be.
Presenter: So what do you look for in a partner physically?
Auditioning male two: I want them to be, you know, bootylicious.
Presenter: So you like a booty?
Auditioning male two: Yeah, I like a booty.
Presenter: So you’re a bum man?
Auditioning male two: Yeah, I’m a bum man.
Presenter: Are you opposed to anal bleaching?
Auditioning male one: What d’ya mean by that?
Presenter: So you’d be up for that. Great. Okay then.
Presenter: We’ve got some catchphrases for the show. So, if I could get you to say some of the catchphrases down the camera.
Auditioning male three: Yep.
Presenter: If that’s alright.
Auditioning male three: Yep no worries.
Presenter: So if you could say ‘Party in my pants’.
Auditioning male three: Party in my pants.
Presenter: ‘Who’s ready to blow?’
Auditioning male four: Who’s ready to blow, I am!
Presenter: ‘It’s G-string time’.
Auditioning male three: It’s G-string time.
Presenter: ‘Beat me and call me Bambi, bitch’.
Auditioning male four: Beat me and call me Bambi, bitch.
Presenter: ‘Bring on the anal invaders’.
Auditioning male one: What was that sorry?
Auditioning male three: ‘Bring on the anal invaders’.
Presenter: Amazing.
Presenter: Can I get you to, ah, get that pouf there, take that pouf, and just show me some love making techniques with the pouf, show me how you make love to our pouf. Just treat that pouf like a bitch.
Presenter: [Inaudible] bash its back doors in.
Auditioning male three: Oh really?
Presenter: Yeah.
Presenter: Wow.
Accompanied by footage of auditioning males one, three and four using a footrest (pouf) to demonstrate love making techniques as requested by the presenter.
Presenter: Now we’ve got a clothing line sponsor for the show, so could I see some of it on you?
Auditioning male five: No worries.
Presenter: Oh amazing. That really suits you. You look great. Would you usually wear something like that?
Auditioning male three: No way.
Accompanied by footage of auditioning males three and five modelling a hot pink tank top and tight denim shorts.
Presenter: Great. We’ve got another sponsor. An ice cream. So I’m just gonna give you an ice cream.
Presenter: Just play with it, ‘It’sgaytime’.
Auditioning male one: It’sgaytime.
Auditioning male three: Are you ready for gaytime? It’s gaytime.
Accompanied by footage of auditioning males one and three with a Gaytimeice cream.
Presenter: Have you got any special skills you can do?
Auditioning male two: I can dance, yeah.
Presenter: Yeah?
Auditioning male two: Yeah.
Presenter: Why don’t you dance with this? Just dance with that.
Presenter: Why don’t you take the top off?
Auditioning male two: Sorry?
Presenter: Take the top off the doll.
Auditioning male two: The top off?
Presenter: And maybe just, take his shorts off.
Auditioning male two: Rip his shorts off? Ahhhhhh…
Presenter: Just start kissing him.
Presenter: And just turn him around. Bend him over and slowly insert your penis into his anus. Maybe grab hold of his penis.
Auditioning male five: Seriously?
Presenter: Why not? Just give me a little reach around.
Accompanied by footage of auditioning males two and five dancing with, and fondling a plastic blow up male doll in a hot pink tank top and denim shorts.
Presenter: We’ve already cast someone else whose gonna be in the house. Because this is going so well. So let’s just bring in Bruce. Bruce! So meet Bruce.
Auditioning male four: How’s it going mate. How are ya?
Bruce: Good.
Presenter: How ya going. So have a hug. Meet each other. Yeah, yeah, yeah, yeah, yeah.
Presenter: Just show me. Imagine you’re like, both in a club and you’re kind of just dancing, and standing there.
Presenter: Okay, maybe, actually, why don’t we just see what it’s like, maybe put some oil on each other.
Auditioning male four: Ahh, nah, I don’t do that, don’t do that.
Auditioning male four: Oh my gosh.
Presenter: Rub it in.
Bruce: On this side too.
Presenter: Does that feel nice? Just, yeah, enjoy it. Just relax into the moment. And now maybe just kiss.
Auditioning male four: What?!
Accompanied by footage of auditioning male four dancing and looking uncomfortable while Bruce rubs oil on his back.
Presenter: Could you kiss him?
Auditioning male five: Nuh.
Presenter: What d’you mean? But this is the gay version of Jersey Shore, this show.
Auditioning male two: Is it?
Presenter: Yeah.
Auditioning male two: No one told me that.
Auditioning male four: Really? Oh fuck, I’m in the wrong place then.
Accompanied by footage of auditioning males two and four.
Presenter: Why don’t you kiss?
Auditioning male one: You serious, you want me to?
Presenter: Yeah, go for it.
Bruce: Yeah?
Presenter: Go for it. Don’t be shy.
Auditioning male one: You said, you want us to…yeah, okay.
Presenter: Just kiss! Yeah, just go.
Presenter: How was that for you Bruce?
Bruce: Ah, I don’t actually think this is for me.
Presenter: Are you not attracted to him?
Bruce: Not really, no.
Presenter: Oh, that’s a shame. He’s not your type.
Bruce: Nuh, uh.
Accompanied by footage of auditioning male one kissing Bruce.
Screenshot: Prank TV Oz.
Attachment B
Complainant’ssubmissions
Complaintto the Nine Network dated 17 January 2016:
[…]
The first segment involved UK Balls of Steel’ presenter, Olivia Lee being interview by the anchorman Craig Reucastle regarding a skit on her show about a mock-up of a new reality show she was creating. They showed a video of some auditions for her show based on tricking heterosexual men into unknowingly joining a homosexual household. Presumably something like the Big Brother show.
The video showed ever-increasingly explicit sexual acts between heterosexual men and a blow-up male sex doll, including: topless dancing, simulated anal sex in a variety of positions and masturbation.
Ms Lee’s questions and comments to her male auditioners became more and more lewd and ultimately discriminatory towards gay people. Towards the end of the segment, a tall skinny, ‘effeminate’ man, dressed in pink was brought onto stage to dance with one of the muscled ‘manly’ contestants. He was presumably chosen as the most contrasting physical representation of what most people would expect a gay man to look like. Another stereotype.
I must admit, I initially found the segment funny, but soon became annoyed and then disgusted by the thinly veiled belittlement towards gay people (groan…). I’m am fed up with this kind of portrayal of gay men. It’s tired and boring. Can’t your writers come up with something more original than this kind of cheap shot?
It dismays me that the Nine Network would see it fit to air this kind of content, considering how far public opinion has progressed regarding acceptance of gay people in the general community, and the recent overwhelmingly positive response with respect to the debate on gay marriage. Airing this sort of stereotyped content only serves to perpetuate derision and misunderstanding amongst the general populace encouraging them to act out against homosexual folk, which leads to bullying and discrimination in schools, within families, social situations and work places.
Discrimination and belittlement towards gay people needs to end. It's disrespectful, spiritually wrong and in my professional opinion as a therapist of more than 20 years, often deeply wounding towards fellow human beings. It is NOT funny to put other people down. To make fun of the way any people express themselves sexually is a malicious attack. Just because Gay people make love to each other in a different way than most heterosexuals, does not give people like Olivia Lee the right to insult us.
Australian Balls of Steel claims that '...no one is safe', which might be seen as a fair warning to some, however, it doesn't give the show's producers permission to put forward outdated and tasteless views which are likely to insult and subconsciously wound large groups of people.
[…]
Complaint to the ACMA dated 17 February 2016:
[…]
I refer to Episode 1, Season 2, Balls of Steel Australia – the first segment of the show.
I realise that Balls of Steel 'pull no punches' when it comes to sending up anyone or anything. That's the whole point of their show. But consider this, Gay Men (like so many other minority groups) have had to endure a lifetime of televised subtle insults, put downs and dismissals.