TV Censorship in Australia

The Australian Communications & Media Authority (ACMA) has hit the Nine Network with an enforceable undertaking , its most severe punishment, over a gay sex scene in the television series Dante's Cove.

ACMA was responding to a complaint alleging that a December 9 episode of the show screened at 10.30 at night should have been given an R rating and hence banned from TV.

It had detailed and explicit scenes of oral sex etc and in one scene you got a full frontal view of the man's genitals, wrote the complainant.

ACMA found the offending scene contained significant quantities of, unambiguous visual detail including, thrusting during simulated fellatio , thrusting during simulated intercourse and genital nudity in a sexual context .

The length of the scene and the unambiguous visual detail, including genital nudity, are such that the intimate sexual behaviour is not discreetly implied or discreetly simulated. It therefore cannot be accommodated within the AV classification.

Nine argued in its defence that a flaccid penis should be as acceptable as naked breasts and that the scene did not contain depictions of genital penetration, oral stimulation … genital contact or other forms of explicit sex.

Nine's classifiers will now have to attend training approved by the Director of the Classification Board. However it is hard to determine what impact this will have as the Classifications Board itself assessed the first season of Dante's Cove as MA15+ for DVD for its violence and horror themes — not its sexual content, which the Board deemed would have been acceptable for an M rating by itself.

Episodes of Dante's Cove broadcast over the next two years will now have to be edited and Nine must provide weekly reports to ACMA on any complaints it receives about the show.

Nine already planned to edit season two of Dante's Cove which is R rated on DVD, but the ruling means that it will have to edit season three as well — also deemed MA15+ by the Classifications Board.

Notes: Australian TV Censorship & Ratings

• Mature Adult (MA)

Suitable for viewing only by persons 15 years or over because of the intensity and/ or frequency of sexual depictions, or coarse language, adult themes or drug use.

Allowed 9:00pm - 5:00am.

• Adult Violence (AV)

Suitable for viewing only by persons aged 15 years or over. It is unsuitable for MA classification because of the intensity and/or frequency of violence, or because violence is central to the theme.

Allowed 9.30pm and 5.00 am.

• 18 rated material (R)

Banned at all times on free to air TV. (Allowed on subscription TV)

Australia's TV censor, the Australian Communications and Media Authority, has found that WIN Television breached their code by airing an episode of the program Dante's Cove.

ACMA were not impressed by suggestions that they were targeting depictions of gay sex.

The ACMA is aware of reported comments from the Nine Network that the breach decision was a result of the depiction of homosexual activity, said ACMA Chairman, Chris Chapman.

The ACMA rejects this offensive suggestion that its decision portrays a homophobic approach to application of the TV Classification Guidelines. Under the code the sexual orientation of characters is not considered a factor in deciding whether or not sexual activity depicted in a scene is discreetly implied or discreetly simulated. The breach occurred due to the amount of detail in the scene, which included several depictions of detailed genital nudity, and its duration.

The ACMA is also disappointed that the Nine Network chose to comment publicly on the matter before the ACMA had completed its investigation.

The code states that sexual behaviour may be only discreetly implied or discreetly simulated in programs that are classified at the top level of AV (Adult Violence).  The ACMA found that the program, broadcast on the multi-channel GO!, contained depictions of implied oral sex and simulated sexual intercourse which were not discreet, due to the amount of detail they contained. The ACMA concluded the program was incorrectly classified AV and therefore not suitable to be broadcast on commercial television.

Australia's TV Ratings

From youngmedia.org.au

• General (G)
• Parental Guidance Recommended (PG)
• Mature (M)

Recommended for viewing only by persons aged 15 years or over because of the matter it contains, or the way the matter is treated.

Allowed weekdays (during school term): 8.30pm - 5.00am and 12.00 noon - 3pm
Allowed weekdays (school holidays) & Weekends: 8.30pm - 5.00am

• Mature Adult (MA)

Suitable for viewing only by persons 15 years or over because of the intensity and/ or frequency of sexual depictions, or coarse language, adult themes or drug use.

Allowed 9:00pm - 5:00am.

• Adult Violence (AV)

Suitable for viewing only by persons aged 15 years or over. It is unsuitable for MA classification because of the intensity and/or frequency of violence, or because violence is central to the theme.

Allowed 9.30pm and 5.00 am.

• 18 rated material (R)

Banned at all times of free to air TV. (Allowed on subscription TV)

Dante's Cove Rated MA (15) on DVD

Based on article from crikey.com.au

Was the decision to punish the Nine Network over airing racy same-sex love scenes a case of homophobic double-standard or confusion between two different classification systems?

The Australian Communications and Media Authority (ACMA) announced on that Nine's digital channel GO! had breached the code of practice by airing an episode of US soap Dante's Cove late last year. The finding sparked calls of homophobia, with Nine's classification chief Richard Lyle saying he was annoyed by the decision given we'd shown exactly the same visuals implying rear entry intercourse between a male and a female .

The commercial TV censorship rules for AV states: Visual depiction of intimate sexual activity may contain detail but must only be implied . According to ACMA's investigation report, the program contained a visual depiction of intimate sexual behaviour , amounting to a breach.

Dante's Cove was already available on DVD in Australia before GO! broadcast the offending episode, which was classified with an MA rating by the Classification Board. Lyle explained to Crikey: They said the violence was accommodated by the MA rating and the sex scenes would have been accommodated by an M rating.

Nine subsequently made the decision to classify Dante's Cove AV in order to account for the program's main advisory concern, violence. In its ruling, ACMA actually states Nine should not have relied on the Classification Board decision: While the reasoning of the Classification Board may be one factor that licensees may consider when determining the proper classification of a program, ultimately the assessment will need to comply with the Television Classification Guidelines.

The Australian TV censor, ACMA, has agreed a undertaking from The Nine Network to classify Gordon Ramsay's fruity language with a more restrictive rating:

The Nine Network will be required to put in place more rigorous classification procedures for future series of Underbelly —including the forthcoming second series A Tale of Two Cities —under an enforceable undertaking accepted by the Australian Communications and Media Authority. Nine will also reclassify repeat broadcasts of a number of episodes of the original Underbelly series, and implement additional training and reporting processes.

In addition, Nine will classify as MA all episodes of Kitchen Nightmares and other programs substantially featuring Gordon Ramsay, subject to any material change in the content of the programs.

‘This remedial action is the product of extensive discussions with the Nine and WIN networks about action they will take over the next 24 months to ensure that these programs are correctly classified and shown in the appropriate time slot, said Chris Chapman, ACMA Chairman. It is a response to the unacceptably high number of incorrectly classified Underbelly and Ramsay programs broadcast in 2008. It aims to create an improved compliance culture, while giving ACMA an avenue to pursue further remedial action if necessary .

If ACMA subsequently finds that one of the licensees has breached its undertaking—for example, by incorrectly classifying a program covered by the undertaking—ACMA may apply to the Federal Court for an order that the licensee pay ACMA an amount equivalent to the financial benefit the licensee obtained by breaching the undertaking.

In relation to the Underbelly programs Nine and WIN will:

• reclassify or edit programs found by ACMA to be incorrectly classified
• provide reports to ACMA on any complaints alleging code breaches with respect to these programs.

In addition, Nine will:

• conduct an extensive education program for the Underbelly production team to outline the requirements of the M classification
• develop ‘detailed internal classification guidelines' based on ACMA's findings
• ensure that classifiers review scripts and assess each episode of the 2009 series, to ensure that the classification requirements are met
• report to ACMA on compliance with the classification training requirements.

All programs featuring celebrity chef Gordon Ramsay will be classified MA. Nine and WIN will also provide reports to ACMA on any complaints they receive alleging code breaches with respect to these programs.