Investigation Report No. 2680
File No. / ACMA2011/1582Broadcaster / Australian Broadcasting Corporation
Stations / ABC Canberra
ABN Sydney
Type of Service / National Broadcasting
Name of Programs / ABC News
Date of Broadcast / 8 August 2011
Relevant Legislation/Code / ABC Code of Practice 2011
Standard 7.7
Date Finalised / 5 January 2012
Decision / No breach of clause 7.7 (stereotypes of discriminatory content)
The complaints
The Australian Communications and Media Authority (the ACMA) has investigated two complaints about a news story entitled ‘Nancy Wake 1912 – 2011’ which was broadcast during the 7 pm news program on 8 August 2011 by ABC Canberra and ABN Sydney. Both complainants had initially complained to the ABC but considered the ABC’s written response to be inadequate.
The news story was broadcast following the death of Nancy Wake - a French resistance worker and spy during World War 2. Both complaints concern the following comment made by Nancy Wake in footage shown during the news story:
‘In my humble opinion, the only good German was a dead German, and the deader the better.’
Both complainants allege the broadcast of this comment breaches standard 7.7 of the ABC Code of Practice 2011. Standard 7.7 provides that the ABC:
Avoid the unjustified use of stereotypes or discriminatory content that could reasonably be interpreted as condoning or encouraging prejudice.
The first complainant (Complainant 1) complained about the Canberra broadcast of this news story and alleged Nancy Wake’s comment had ‘disregard to current values regarding ethnic prejudice’. Complainant 1 also alleged the ‘ABC has also sustained that prejudice by giving this particular statement broadcast time.’
The second complainant (Complainant 2) complained about the Sydney broadcast as well as the headlines to the news story. The headlines depicted the footage of Nancy Wake making the comment complained about. Complainant 2 alleged the statement ‘is offensive’ and ‘could reasonably be interpreted as condoning or encouraging prejudice’. Complainant 2 also alleged ‘that statements like these perpetuate a derogatory racial stereotype of German people as being inherently evil’.
The program material
The news story broadcast by ABC Canberra and ABN Sydney is identical. The news story is presented by the reporter’s commentary interspersed with footage of Nancy Wake speaking about her experiences during World War 2. The news reporter describes Nancy Wake’s involvement in the French resistance, her role as a spy, and her engagement in hand-to-hand combat, ending up with her listing on the German Gestapo’s ‘most-wanted’ list.
The comment complained about occurs in the following context in the news story:
[reporter] The Nazis tortured and killed her husband. Undeterred, Nancy trained as a spy and became an expert in hand-to-hand combat. She led raids on Gestapo headquarters and sabotaged the German war effort. Unable to catch her, the Gestapo called Nancy Wake the ‘white mouse’ - but not because she was timid.
[Nancy Wake] In my humble opinion, the only good German was a dead one - and the deader the better. I rejoiced in the fact I killed them. I am sorry I couldn’t have killed more.
The news story ends with the following comment:
[reporter] Asked how she would like to be remembered, she said, ‘I got away with blue murder and loved every minute of it’.
ACMA’s findings and the reasons for its decision
When assessing broadcast content against a code, the ACMA considers the meaning conveyed by the relevant material according to the understanding of an ‘ordinary reasonable viewer/listener’. The ACMA considers the natural, ordinary meaning of the language used; the tenor, tone and context of the material; as well as inferences that may be drawn by the ordinary, reasonable viewer/listener.
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[1].
The relevant material in this investigation is Nancy’s Wake comment, ‘In my humble opinion, the only good German was a dead German, and the deader the better.’
In determining whether the ordinary, reasonable viewer of this television news story would interpret this comment as stereotyping or condoning prejudice against Germans, the ACMA examined the comment as the opinion of its speaker, and the language used; the connection of the comment to the subject and focus of the news story, and the placement of the comment within the story.
The subject of the news story is Nancy Wake and its particular focus is her reputation as a spy who ‘led raids on Gestapo headquarters and sabotaged the German war effort’, and evaded capture. Nancy Wake’s reputation (or character) is conveyed by the news presenter’s description of her as ‘formidable’, ‘tenacious’ and ‘brave’ in the introduction to the news story.
The news story includes several comments through which Nancy Wake openly reveals her views on killing Germans during World War 2. In the ACMA’s view, the comment complained about is one of several personal opinions which is connected to the subject of the story and which conveys Nancy Wake’s reflections on killing Germans during World War 2.
The comment complained about forms part of a longer statement which is completed by the words, ‘I rejoiced in the fact I killed them. I am sorry I couldn’t have killed more’. In the ACMA’s view, when the comment complained is heard in its completeness, it directs the viewer’s mind to the Germans killed by Nancy Wake. At the end of the news story, Nancy Wake is also quoted as saying ‘I got away with blue murder and I loved every minute of it’.
In this context, the ACMA considers the comment complained is not conveyed as controversial to the story’s subject and focus. The reporter’s commentary does not condone the comment in any way which removes its sentiments from the context of Nancy Wake’s personal reflections on killing Germans during World War 2.
The ACMA also notes the comment directly follows the reporter’s commentary on the torture and death of Nancy Wake’s husband by the Gestapo, her engagement in combat against Gestapo headquarters, and her evasion of capture.
In the ACMA’s view, the placement of the comment would also lead the viewer to interpret Nancy Wake’s reference to ‘dead Germans’ in connection to the wartime context described by the reporter. The ordinary, reasonable viewer would likely infer that Nancy Wake’s comment refers to the German Gestapo, German Nazis and those Germans whom she killed during her hand-to-hand combat.
In considering whether the ordinary language of the comment stereotypes German people or contains discriminatory content, the ACMA has considered the actual language used by Nancy Wake. The ACMA notes the comment does convey negative sentiments about an indentified racial group. However, taking into consideration the character and experiences of the comment’s speaker, the ACMA considers it unlikely that the comment could reasonably be interpreted as condoning or encouraging prejudice.
The preface to the comment, ‘in my humble opinion’ informs the viewer that the nature of the comment is the speaker’s personal opinion, who the viewer is also aware, was a spy and resistance worker engaged in combat against Germans. The impact and tone of the words is tempered by the speaker’s use of the past-tense verb ‘was’ in the comment ‘the only good German was a dead one …’. The past-tense indicates the historical context to which the speaker’s opinion and reflections are directed.
The ACMA considers it is unlikely that the ordinary, reasonable viewer—in light of their general knowledge of World War 2—would infer that Nancy Wake’s comment is directed contemporaneously towards German people per se. The comment does not contain language which stereotypes German people, conveys characteristics of German people as ‘inherently evil’, or which would lead the ordinary, reasonable viewer to infer prejudice against German people.
The ACMA also considered Complainant 2’s concerns about the broadcast of the comment in the headlines to the Sydney broadcast of the news story.
In the headlines presentation, the comment is conveyed to the viewer outside the news story and its contextual material. The ACMA considers that on its own, the comment may have a more direct or jarring impact on the viewer. However, for the reasons outlined above, the ACMA is not satisfied that even outside the context of the news story, the broadcast of this comment could reasonably be interpreted as contemporaneously condoning or encouraging prejudice against people who are German.
ACMA Investigation Report – ABC News broadcast by ABC Canberra and ABN Sydney on 8 August 2011 2
[1] Amalgamated Television Services v Marsden (1998) 43 NSWLR 158 at 164 –167 (references omitted).