ACMA - Annual Report 2007

Appendix 7: Broadcasting investigations outcomes

Table 54: ACMA Investigations 1 July to 30 June 2008 - Breach findings

Call sign	Program	Substance of complaint	Code/licence condition applicable to breach finding
COMMERCIAL TELEVISION
New South Wales
TCN Sydney	60 Minutes	Detailed depiction of suicide; no warnings provided	Depiction of suicide; provision of warnings
TEN Sydney	The Simpsons, House and NCIS	Poor quality of captioning	Captioning of The Simpsons was such that the program would have been incomprehensible to the deaf and hearing impaired ^*
Queensland
QTQ Brisbane	Comedy Inc - The Late Shift	Comedy skit ridiculed people with learning disabilities	Complaints handling
QTQ Brisbane	A Current Affair	A series of broadcasts were inaccurate and unfair; factual errors not corrected; complaint not responded to	Failure to present factual material accurately and represent viewpoints fairly (6 breaches); significant errors of fact not corrected (5 breaches)
QTQ Brisbane	Holy Smoke (film)	Sex scenes, nudity and coarse language	M Classification - sex scenes
Tasmania
TNT Tasmania	Today Tonight	Invasion of privacy; information about a child used without parental consent	Use of material relating to a person's personal or private affairs without an identifiable public interest reason; failure to exercise special care before using material relating to a child's personal or private affairs
Victoria
ATV Melbourne	Kenneth Copeland	Comments relating to Israel and neighbouring countries vilified groups on the basis of race, ethnicity and religion; complaints handling	Complaints handling
ATV Melbourne	Election advertisement	Election advertisement broadcast during ‘blackout’ period	No election advertisements to be broadcast during ‘relevant’ or ‘blackout’ period ^*
ATV Melbourne	Advertisement for Nestle Milo cereal	Advertisement broadcast during ‘C’ time	Children’s Television Standards 2005 ^*
GTV Melbourne	A Current Affair	Report contained factually inaccurate statements regarding child support payments; complaint not responded to	Failure to present factual material accurately and represent viewpoints fairly; complaints handling
GTV Melbourne	Bert's Family Feud (27/06/07)	Inappropriate sexual references in G program	Complaints handling
GTV Melbourne	Bert's Family Feud (30/06/07)	Inappropriate sexual references in G program	Complaints handling
GTV Melbourne	Bert's Family Feud (date not specified)	Inappropriate sexual references in a G program	Complaints handling
GTV Melbourne	Outrageous Fortune	Sex scene involving a minor	M Classification - sex and nudity, adult themes
GTV Melbourne	A Current Affair	Report contained inaccurate and misleading material	Fair representation of viewpoints
HSV Melbourne	Home and Away (23/03/07)	Pole dancing scene inappropriate for G program	G Classification - sex and nudity
HSV Melbourne	Home and Away (26/03/07)	Pole dancing scene inappropriate for G program	G Classification - sex and nudity
HSV Melbourne	Home and Away (21/02/07)	Inappropriate sexual references in G program	G Classification - sex and nudity
HSV Melbourne	The Fairies	Closing credits of a program broadcast in ‘P’ time included an advertisement	Children’s Television Standards 2005 ^*
HSV Melbourne	Channel Seven News	Report depicted suicide as glamorous	Time limits on responding to written complaints
Western Australia
STW Perth	National Nine News Break	Inappropriate material for a G time zone; complaint not responded to	Complaints handling
TVW Perth	Zoo Magazine advertisement	Inappropriate sexual references	Complaints handling
COMMERCIAL RADIO
New South Wales
2GB Sydney	Overnight with Jim Ball	Inappropriate use of language; complaint not responded to	Complaints handling
2UE Sydney	The John Laws Show	Commercial agreement between announcer and third party was not disclosed on-air	Commercial Radio Current Affairs Disclosure Standard 2000; Commercial Radio Compliance Program Standard 2000 ^*
Victoria
3AW Melbourne	Sunday Morning	Inciting racial and religious hatred; inaccurate comment re David Hicks	Complaints handling
COMMUNITY RADIO
New South Wales
2CCR Parramatta	Radio Mirchi	Broadcasting advertisements	Broadcasting advertisements ^*
2EAR Moruya		Licensee is not a suitable licensee, does not represent community interest and is not encouraging participation	Encouraging community participation ^*
2EAR Moruya		Not representing community interest; not encouraging participation	Encouraging community participation ^*
2GLF Liverpool		Not representing community interest; not encouraging participation	Encouraging community participation ^*
2MCR Campbelltown		Announcers not disclosing personal interests; sponsorship announcements not ‘tagged’; lack of sponsorship guidelines; complaint not responded to	Complaints handling
2SWR Blacktown	Punjabi	Broadcasting advertisements	Broadcasting advertisements ^*
Northern Territory
8KNB Darwin		Not accepting membership applications; change to community of interest	Encouraging community participation ^*
Queensland
4DDB Toowoomba		Broadcasting advertisements; broadcasting excessive sponsorship announcements	Broadcasting advertisements and broadcasting more than five minutes of sponsorship announcements per hour ^*
4RED Redcliffe	Home Grown All Aussie Show	Announcements broadcast without the required sponsorship tags	Broadcasting advertisements ^*
4TTT Townsville		Not representing community interest; broadcasting advertisements; broadcasting excessive sponsorship announcements	Broadcasting advertisements and broadcasting more than five minutes of sponsorship announcements per hour ^*
Victoria
3BBB Ballarat		Broadcasting advertisements and broadcasting excessive sponsorship announcements	Broadcasting advertisements ^*
3RIM Melton		Not encouraging community participation	Encouraging community participation ^*
3RIM Melton		Not representing the community interest; not encouraging community participation	Encouraging community participation ^*
3SER Melbourne		Broadcast contained advertisements	Advertising ^*
Western Australia
6NR Perth		Broadcasting excessive sponsorship announcements	Broadcasting more than five minutes of sponsorship announcements per hour ^*
6NR Perth		Broadcasting advertisement and broadcasting excessive sponsorship announcements	Broadcasting advertisements and broadcasting more than five minutes of sponsorship announcements per hour ^*
6YMS Perth		Groove FM has not complied with additional licence conditions imposed on 1/5/2006 re Australian music content, talk programming and invitations to participate	Amount of Australian music broadcast; amount of announcements inviting listeners to become members; no announcements inviting listeners to take part in talk programs ^*
TEMPORARY COMMUNITY RADIO
New South Wales
BFM Bankstown	Radio Dosti	Broadcasting advertisements	Broadcasting advertisements ^*
2YYY Young		Broadcasting advertisements	Broadcasting more than five minutes of sponsorship announcements per hour ^*
COMMUNITY TELEVISION
South Australia
C31 Adelaide		Complaints handling	Complaints handling
SBS TELEVISION
Western Australia
SBS Perth	Obscene Machines	Inappropriate sexual material	MA Classification - sex and nudity
OPEN NARROWCAST RADIO
Western Australia
FLY FM Albany		Providing a commercial broadcasting service	Providing a commercial broadcasting service without the appropriate licence ^*

All breaches were of a code of practice unless otherwise indicated: ^*breach of a licence condition or the Broadcasting Services Act 1992

Table 55: ACMA Investigations 1 July to 30 June 2008 - Breach findings

Callsign		Substance of complaint	Code/licence condition applicable to non-breach finding
COMMERCIAL TELEVISION
New South Wales
ATN Sydney	Sunrise	Offensive comments regarding Muslims	Provoking intense dislike on the basis of religion
ATN Sydney	Kath and Kim	Inappropriate language	PG Classification - language
ATN Sydney	Today Tonight	Report was factually inaccurate; did not represent viewpoints fairly and invaded an individual’s privacy	Presenting factual material accurately and representing viewpoints fairly; privacy
ATN Sydney	Today Tonight	Report was factually inaccurate and unfairly identified a business	Presenting factual material accurately; unfair identification of a person or business when commenting on the behaviour of a group of persons or businesses
CTC Southern NSW	The Pussycat Dolls Present the Search for the Next Doll program promotion	Inappropriate sexual references	M Classification - sex
CTC Southern NSW	Californication – Episode 1	Inappropriate sexual material, coarse language, nudity and themes	MA Classification – sex and nudity, language, themes; proscribed material
CTC Southern NSW	Californication – Episode 2	Inappropriate sexual material, coarse language, nudity and themes	MA Classification – sex and nudity, language, themes; proscribed material
NBN Northern NSW	NBN News	Alleged failure of NBN to caption News	Captioning ^*
NBN Northern NSW	60 Minutes	Inappropriate language for timeslot	Classification of current affairs programs
NRN Northern NSW	The Biggest Loser	Inappropriate language for a PG program	PG Classification – language
NRN Northern NSW	Californication – Episode 2	Inappropriate sexual material, coarse language, nudity and themes	MA Classification – sex and nudity, language, themes; proscribed material
TCN Sydney	Fresh	Excessive advertising and complaints handling	Advertising and complaints handling
TCN Sydney	A Current Affair	Poor quality of captioning	Captioning ^*
TEN Sydney	Torchwood program promotion	Inappropriate nudity	G Classification - nudity
TEN Sydney	Californication program promotion	Inappropriate content for promotion broadcast during M time zone	M Classification – sex and nudity, promotions for programs classified MA; proscribed material
TEN Sydney	Californication – Episode 1	Inappropriate themes and sexual material	MA Classification – sex and nudity, language, themes; proscribed material
TEN Sydney	Californication – Episode 2	Inappropriate sexual material, coarse language and nudity	MA Classification – sex and nudity, language, themes, drug use; proscribed material
TEN Sydney	Californication – Episode 5	Inappropriate material for broadcast; offensive depiction of clergy	MA Classification – sex and nudity, language, themes; proscribed material
TEN Sydney	Californication – Episode 6	Inappropriate sexual material, language and themes	MA Classification – sex and nudity, language, themes
TEN Sydney	Californication – Episode 7	Inappropriate sexual material, language and themes	MA Classification – sex and nudity, language, themes; proscribed material
TEN Sydney	Californication – Episode 8	Inappropriate sexual material, language and themes	MA Classification – sex and nudity, language, themes, drug use; proscribed material
WIN Southern NSW	20 to 1	Inappropriate themes	PG Classification - themes
WIN Southern NSW	A Current Affair	Segment was factually inaccurate, did not represent viewpoints fairly and discriminated on the basis of race; significant errors not corrected; complaint not responded to	Factual accuracy; fair representation of viewpoints; discrimination on the basis of race; correction of significant errors; complaints handling
Queensland
BTQ Brisbane	Today Tonight	Privacy invaded during interview	Privacy
QTQ Brisbane	A Current Affair	Poor quality of captioning	Captioning ^*
RTQ Regional Queensland	A Current Affair	A child was visually identified and his privacy invaded	Privacy; exercising special care when identifying children
STQ Regional Queensland	Serious Crash Unit	Report ridiculed the elderly	Severe ridicule on the basis of age
TVQ Brisbane	Mean Girls film	Inappropriate language	PG Classification - language
TVQ Brisbane	The OC promotion	Inappropriate sexual references	G Classification - sex
TVQ Brisbane	Channel Ten News	Poor quality of captioning	Captioning ^*
TVQ Brisbane	Californication – Episode 1	Inappropriate sexual material	MA Classification – sex and nudity, language, themes; proscribed material
South Australia
ADS Adelaide	Californication – Episode 1	Inappropriate language; severe ridicule of the Christian faith	MA Classification – sex and nudity, language, themes; proscribed material
ADS Adelaide	Californication – Episode 2	Inappropriate language, sexual material and adult themes; severe ridicule of the Christian faith	MA Classification – sex and nudity, language, themes, drug use; proscribed material
ADS Adelaide	Californication – Episode 3	Inappropriate language and sexual material	MA Classification – sex and nudity, language, themes
NWS Adelaide	Advertisement for Smith’s potato chips	An advertisement breached the Children’s Television Standards 2005	Children’s Television Standards 2005^*
NWS Adelaide	ER program promotion	Inappropriate sex scene	Program promotions; G Classification - sex
Tasmania
TDT Tasmania	Medium, Law & Order (SVU) and Law & Order (Criminal Intent)	Poor quality of captioning	Captioning ^*
TVT Regional Tasmania	News	Inaccuracies in story about firearms	Factual accuracy
Victoria
ATV Melbourne	Numb3rs, The Simpsons, NCIS, Law & Order (SVU), Law & Order (Criminal Intent) and House	Poor quality of captioning	Captioning ^*
ATV Melbourne	Californication – Episode 1	Unsuitable for MA classification	MA Classification – sex and nudity, language, themes; proscribed material
ATV Melbourne	Californication – Episode 2	Inappropriate language, sexual material and themes	MA Classification – sex and nudity, language, themes, drug use; proscribed material
ATV Melbourne	Californication – Episode 3	Inappropriate language, sexual material and themes	MA Classification – sex and nudity, language, themes
ATV Melbourne	Californication – Episode 5	Inappropriate sexual material, language and themes	MA Classification – sex and nudity, language, themes; proscribed material
ATV Melbourne	Sexpo advertisement	Inappropriate advertisement during a PG program	PG Classification – sex and nudity; placement of commercials
GLV Eastern Victoria	House and Medium	Poor quality of captioning	Captioning ^*
GTV Melbourne	Penn & Teller’s Bullshit!: Signs From Heaven	Program vilified and ridiculed Christians	Proscribed material
HSV Melbourne	Leprechaun 4: Space Platoon	No consumer advice warning for coarse language.	Consumer advice for certain programs
Western Australia
NEW Perth	SMS Flirt Chat advertisement	An advertisement for a telephone sex-line was broadcast during the Spanish Formula One Grand Prix	Advertisement relating to products of a particularly intimate nature
NEW Perth	Neighbours, House, NCIS and Medium	Poor quality of captioning	Captioning ^*
COMMERCIAL RADIO
New South Wales
2AD Armidale		Advertisement of a sexual nature broadcast when children were likely to be listening; complaint not responded to	Contemporary standards of decency; complaints handling
2UE Sydney	The John Laws Show	Offensive material and gratuitous bad language was broadcast; complaint not responded to	Contemporary standards of decency; avoidance of gratuitously offensive language; complaints handling
Queensland
4BBB Brisbane	The Morning Crew	A segment ridiculed children and there was a lack of regard for the likely characteristics of the audience	Standards of decency/regard for likely characteristics of audience
4EL Cairns	Mornings With John MacKenzie	Commercial agreement between announcer and third party was not disclosed	Commercial Radio Current Affairs Disclosure Standard 2000 ^*
South Australia
5MMM Adelaide	Whispering David Howard	A discussion between the presenter and a caller included racist remarks	Vilification
COMMUNITY RADIO
New South Wales
2BCR Bankstown	Punjabi Preetlari	Broadcasting advertisements	Advertising ^*
2CCR Parramatta	Radio Mirchi	Broadcasting advertisements	Advertising ^*
2GLF Liverpool	Radio Lehren	Licensee broadcast more than five minutes per hour of sponsorship announcements	Excessive sponsorship announcements ^*
2HHH Hornsby		Licensee was not representing community interest, was broadcasting advertisements and did not give all candidates the opportunity to be on-air before the NSW state election	Representing community interest, encouraging participation, advertisements, keeping records of broadcast matter ^*
2WAY Port Macquarie		Programming decisions made without input from presenters or volunteers	Encouraging community participation^*; sponsorship policy
2YOU Tamworth		Not representing the community interest; not encouraging community participation	Representing the community interest; encouraging community participation^*
2YOU Tamworth		Station run by three people; rejecting membership applications; not involving the community	Encouraging community participation^*
Queensland
4RED Redcliffe		Not encouraging community participation	Encouraging community participation^*
South Australia
5EBI Adelaide	Ethiopian Amharic Language	Not encouraging participation; not representing the community interest; inciting hatred on the basis of ethnicity and religion	Encouraging community participation; representing the community; inciting hatred on the basis of ethnicity and religion
5TRX Port Pirie		Request for documents was not followed through in accordance with Code	Principles of democracy, diversity and independence; volunteering guidelines; complaints handling
Tasmania
7TFM Georgetown	Breakfast Show	Record of broadcast matter not retained	Retention of broadcast matter ^*
COMMUNITY TELEVISION
New South Wales
TSN31 Sydney		Not a suitable licensee; not representing the community interest; not encouraging community participation	Suitability; representing the community interest; encouraging community participation ^*
ABC RADIO
New South Wales
2JJJ Sydney	This Sporting Life	Offensive language; no response to written complaint	Language; complaints handling
2RN Sydney	PM	Factual inaccuracies during interview	Accuracy and impartiality
Queensland
4JJJ Brisbane	Hack	Inappropriate content and language of a sexual nature	Use of language; treatment of sex and sexuality
4QR Brisbane	Mornings With Madonna King	Discussion on community issues lacked balance	Balance and impartiality
South Australia
5AN Adelaide	Summer All Over	Inappropriate language	Language
ABC TELEVISION
New South Wales
ABN Sydney	Sideshow with Paul McDermott	Coarse language	Language
Queensland
ABQ Brisbane	Four Corners	Program was unbalanced and not impartial	Balance and impartiality
ABQ Brisbane	The Chaser’s War on Everything	Inappropriate coarse language	M Classification - language
South Australia
ABS Adelaide	7.30 Report	Segment biased and not impartial; complaint not responded to	Impartiality; complaints handling
ABS Adelaide	Angelmouse	Program promoted Christianity	Religious content
ABS Adelaide	ABC News	Lack of impartiality and of accuracy	Accuracy and impartiality in news programs
ABS Adelaide	ABC News	Lack of impartiality and of accuracy	Accuracy and impartiality in news programs
Victoria
ABV Melbourne	Compass	Program about evolution was not impartial	Impartiality
Western Australia
ABW Perth	Australian Story	Three-part program contained factual inaccuracies and lacked balance and impartiality	Accuracy; balance and impartiality
SBS TELEVISION
New South Wales
SBS TV Sydney	South Park	Program contained content that exceeded the MA classification	MA Classification – sex and nudity, themes
SBS TV Sydney	World News Australia	Item on Beijing bakers putting cardboard in their steam buns was prejudiced and partial	Impartiality and accuracy
Northern Territory
SBS Darwin	World News Australia	News item was prejudiced and partial	Accuracy; balance and impartiality
SUBSCRIPTION TELEVISION
Foxtel Channel V	Music video clip	Music video clip contained inappropriate sexual behaviour	MA Classification – sex and nudity

All potential breaches were of a code of practice unless otherwise indicated

^* Potential breach of a licence condition or the Broadcasting Services Act 1992

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Annual Report 2007–08

Appendix 7: Broadcasting investigations outcomes

Table 54: ACMA Investigations 1 July to 30 June 2008 - Breach findings

Table 55: ACMA Investigations 1 July to 30 June 2008 - Breach findings