Australian-Media.com.au News

• Broadcast of Californication episode breached code

  July 18 2008 11:19am (UTC+8)  -  Article by Kevin

  The ACMA has found that Network Ten (Sydney) Pty Ltd and Network Ten (Perth) Pty Ltd breached the Commercial Television Industry Code of Practice on 29 October 2007 by broadcasting an episode of Californication that was incorrectly classified MA (Mature Audience).
  
  The finding is in response to two separate complaints about sexual activity and nudity depicted in episode 10 of the series.
  
  ACMA found that sexual activity depicted in a scene in the program was not discreetly implied or discreetly simulated (as required under the code), due to the length of the scene, the amount of detail it contained and its conceptual strength. While Network Ten advised that the program had been edited to meet the Australian classification guidelines, ACMA decided that the editing was insufficient and as a result the program was not suitable for television. The MA category comprises the strongest material that is permitted for broadcast on commercial television (apart from the Adult Violence (AV) category).
  
  "Network and licensee management have a collective responsibility in ensuring compliance with the code", said ACMA Chairman Chris Chapman.
  
  Network Ten will be required to distribute the investigation report to its classifiers and ensure that future classification decisions are consistent with ACMA's findings, including any subsequent broadcasts of the Californication episode in question.
  
  "If, in spite of these actions, a Network Ten licensee subsequently breaches the MA classification guidelines in respect of a drama program, it could warrant use of ACMA's formal powers", said Mr Chapman.
  
  In considering appropriate responses to this breach, ACMA noted that this is the first classification-related breach of the code by Network Ten since 2005. It is also the first time a commercial television licensee has been found to have breached the MA classification in relation to the broadcast of a drama program since 2003.
  
  "The publication of breach findings over time serves to inform all commercial broadcasting licensees – not only those to whom the breach findings relate – and the community, about the types of program material that are considered appropriate for the classifications contained in the code", said Mr Chapman.
  
  Investigation report #1947, 1981 is available on the ACMA website.
  
  Australian-Media.com.au

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