The ACMA

2016 television investigations

The table below contains details of the ACMA's 2016 television investigations and investigation reports. Details of television investigations in other years are available on this page. Details of ACMA radio investigations are available on this page.

Date Finalised

Service type

Investigation number / Report

Station / licensee

Program or issue

Description

Outcome

12 December 2016

Commercial TV

BI-258

Nine / Queensland Television Pty Ltd, Territory Television Pty Ltd, Channel 9 South Australia Pty Limited, and Swan Television & Radio Broadcasters Pty Ltd

Nine News and program promotions

Accuracy – in a news broadcast and in program promotions for the news broadcast about alleged benefits of an anti-inflammatory diet and avoiding particular foods for people with arthritis and gout pain.

No breach of clauses 3.3.1 [accuracy and fairness] or
3.6 [program promotions] of the Commercial Television Industry Code of Practice 2015

11 November 2016

Commercial TV 

BI-240

Seven / Channel Seven Adelaide Pty Ltd

Seven News 

Accuracy and fairness and impartiality - in a news broadcast about alleged discrimination by a Catholic high school of two students in a same-sex relationship

No breach of clauses 3.3.1 [accuracy and fairness] or 3.4.1 [impartiality] of the Commercial Television Industry Code of Practice 2015 

9 November 2016

Commercial TV 

BI-262

Ten / Network TEN (Sydney) Pty Ltd

Supercars: Bathurst 1000 LIVE

Tobacco advertising 

No breach of paragraph 7(1)(a) [tobacco advertising] of Schedule 2 to the Broadcasting Services Act 1992 

8 November 2016 

Commercial TV 

BI-260 

Nine / Channel 9 South Australia Pty Ltd

A Current Affair

Exercise care in selecting material for broadcast and broadcast of material likely to seriously distress or seriously offend - in the broadcast of a recorded video message in which a man verbally abuses his estranged wife and makes threats against her family

No breach of clause 2.3.3 [exercise care in selecting material for broadcast] or subclause 3.2.1(a) [material which is likely to seriously distress or seriously offend] of the Commercial Television Industry Code of Practice 2015

8 November 2016

National TV 

BI-229 

ABC / Australian Broadcasting Corporation

ABC News

Harm and offence - arising from the broadcast of footage concerning alleged mistreatment of minors in the Don Dale Youth Detention Centre

No breach of standards 7.1 [harm or offence], 7.2 [warnings] or 7.5 [extreme sensitivity] of the ABC Code of Practice 2011 (revised 2016)

27 October 2016

National TV

BI-257

ABC / Australian Broadcasting Corporation

7.30

Accuracy and due impartiality - in a program covering accusations of sexual abuse that inaccurately characterised the alleged behaviour and lacked impartiality

No breach of standards 2.1 [accuracy], 4.1 [due impartiality] or 4.5 [unduly favour one perspective] of the ABC Code of Practice 2011 (revised 2016)

24 October 2016 

Commercial TV

BI-226 

Nine / General Television Corporation Pty Ltd

The Block 

Classification - commercial for MA15+ classified film broadcast during a PG program

No breach of clauses 2.1.1 [classification], 2.2.1 [PG classification zone], or 2.4.1(b) [special care requirements for non-program material] of the Commercial Television Industry Code of Practice 2015 

28 September 2016

National TV

BI-222

ABC / Australian Broadcasting Corporation

Q&A

Due impartiality - lack of impartiality in treatment of a panel member

No breach of standard 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised 2016)

22 September 2016 

National TV 

BI-228

ABC / Australian Broadcasting Corporation

The Drum 

Due impartiality - in a panel discussion on same sex marriage

No breach of standard 4.1 [due impartiality] or 4.2 [diversity of perspectives] of the ABC Code of Practice 2011 (revised 2016) 

20 September 2016

National TV 

BI-216

ABC / Australian Broadcasting Corporation

Luke Warm Sex

Harm and offence and children and young people – nudity and depictions of sexual activity that were harmful and offensive, and unsuitable for young people in two episodes of a television comedy documentary series

No breach of standards 7.1 [harm or offence], 7.2 [warnings or advice], 7.3 [steps to mitigate], 7.6 [mitigate risks] or 8.4 [minimise risks] of the ABC Code of Practice 2011 (revised 2016) 

16 September 2016 

Commercial TV 

BI-180 

Prime7 / Prime Television (Northern) Pty Ltd

Prime7 Local

Accuracy and privacy - lack of accuracy and an invasion of a child's privacy in a news report about alleged incidents of bullying at a rural NSW school

Breach of clause 3.5 [privacy] and no breach of clause 3.3.1 [accuracy and fairness] of the Commercial Television Industry Code of Practice 2015

15 September 2016 

National TV 

BI-221 

ABC / Australian Broadcasting Corporation

7.30

Due impartiality - in a post budget-in-reply interview with opposition leader Bill Shorten

No breach of standard 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised 2016) 

8 September 2016 

Commercial TV 

BI-219

Nine / Swan Television & Radio Broadcasters Pty Ltd

20 to One 

Material not suitable for broadcast – offensive and derogatory comments about a transgender person.

No breach of clause 2.6.2 [provoke or perpetuate intense dislike, serious contempt or severe ridicule] of the Commercial Television Industry Code of Practice 2015 

26 August 2016

Commercial TV 

BI-196

Seven / Channel Seven Brisbane Pty Ltd

Seven News

Accuracy  and correction of errors – in the broadcast of images in a news report identifying the wrong people

Breach of clauses 3.3.1 [accuracy] and 3.3.3 [correction of errors] of the Commercial Television Industry Code of Practice 2015 

24 August 2016

Commercial TV 

BI-211 

Ten  / Network Ten (Melbourne) Pty Ltd

The Project 

Accuracy and fairness – misrepresentation of viewpoints on the Port Arthur massacre

No breach of clause 3.3.1 [representation of viewpoints] of the Commercial Television Industry Code of Practice 2015 

16 August 2016

Commercial TV 

BI-208 

Southern Cross Television / Southern Cross Television (TNT9) Pty Ltd

Federal election advertisement featuring the State Premier of Tasmania

Election advertising – a political advertisement did not announce required particulars

Breach of subclause 4(2) [identification of certain political matter] and paragraph 7(1)(i) [comply with clause 4] of Schedule 2 to the Broadcasting Services Act 1992

5 August 2016 

National TV 

BI-203 

ABC / Australian Broadcasting Corporation

Rake

Harm and offence and children and young people – in a broadcast of an implied sex, where the scene was offensive and unsuitable for young people

No breach of standards 7.1 [harm or offence], 7.2 [warnings or advice], 7.3 [steps to mitigate], 7.6 [mitigate risks] or 8.4 [minimise risks] of the ABC Code of Practice 2011 (revised 2016)

15 July 2016 

National TV 

BI-198 

ABC / Australian Broadcasting Corporation

The Drum 

Due impartiality - in panel discussions about the legality of the detention centre on Manus Island 

No breach of standard 4 [due impartiality] of the ABC Code of Practice 2011 (revised 2016) 

8 July 2016

National TV 

BI-193 

ABC / Australian Broadcasting Corporation

7.30 

Accuracy and diversity of perspectives - in a report on electroconvulsive therapy (ECT)

No breach of standards 2.2 [materially mislead audiences] and 4.2 [diversity of perspectives] of the ABC Code of Practice 2011 (revised 2014)

8 July 2016

Commercial TV 

BI-185 

Southern Cross Ten / Southern Cross Communications Pty Ltd

The Bolt Report

Accuracy - in a segment about climate change.

No breach of clause 4.3.1 [accuracy] of the Commercial Television Industry Code of Practice 2010 

30 May 2016 

Commercial TV

BI-184

Ten / Network Ten (Perth) Pty Ltd

The Project 

Material not suitable for broadcast: provoke intense dislike, serious contempt or severe ridicule on the basis of religion – in a segment which included the Tim Minchin song ‘Come Home (Cardinal Pell)’

No breach of clause 2.6.2 [provoke intense dislike, serious contempt or severe ridicule on the basis of religion] of the Commercial Television Industry Code of Practice 2015 

13 May 2016

National TV 

BI-177

ABC News 24 / Australian Broadcasting Corporation

ABC News Breakfast

Harm and offence – in a segment about the success of a home-schooled child in achieving a perfect result in the Victorian Certificate of Education (VCE)

No breach of standard 7.1 [harm and offence] of the ABC Code of Practice 2011 (revised 2014)

29 April 2016 

Commercial TV

BI-174 

Ten / Network TEN (Sydney) Pty Ltd

Studio Ten 

Classification – in a program showing images of an erect penis during a PG time slot

Breach of clause 2.1.1 [classification] of the Commercial Television Industry Code of Practice 2015 

29 April 2016

Commercial TV

BI-171 

Gem / WIN Television NSW Pty Ltd

Today

Exercise care in selecting material and material which may cause distress - lack of care when selecting material for broadcast as footage of a hit-and-run accident

No breach of clauses 2.3.3 [exercise care in selecting material for broadcast] or 3.2.1 [seriously distress or seriously offend] of the Commercial Television Industry Code of Practice 2015

15 April 2016

Commercial TV

BI-168 

Southern Cross Ten / Northern Rivers Television Pty Ltd

I’m A Celebrity… Get Me Out Of Here!
        

Captioning - on repeated occasions during broadcasts the captioning service had a time lag of 20 seconds or more and/or otherwise breached the Broadcasting Services (Television Captioning) Standard 2013

No breach of subsections 130ZZA(4) [captioning standard] or 130ZR(1) [basic rule] or clause 7(1)(o) of Schedule 2 [licence condition] to the Broadcasting Services Act 1992 or the Broadcasting Services (Television Captioning) Standard 2013

11 April 2016

Commercial TV 

BI-172 

Nine / Queensland Television Ltd

A Current Affair

Accuracy – in a segment about an organiser of a peace conference, and a program promotion for that segment

No breach of clauses 4.3 [accuracy] or 4.5 [accuracy – current affairs promotion] of the Commercial Television Industry Code of Practice 2010 

8 April 2016 

Commercial TV 

BI-173 

GO!  / WIN Television NSW Pty Ltd

Balls of Steel Australia

Material not suitable for broadcast: dislike, contempt or ridicule on grounds of sexual preference - in the broadcast of a practical joke involving auditions of heterosexual males for a fictional reality television show featuring a household of gay men

No breach of clause 2.6.2 [dislike, contempt or ridicule on grounds of sexual preference] of the Commercial Television Industry Code of Practice 2015.

18 March 2016

National TV 

BI-163 

ABC / Australian Broadcasting Corporation

7.30 

Accuracy and due impartiality - in a segment on the launch of a renewable energy utility company

No breach of standards 2.1 and 2.2 [accuracy] or 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised 2014).

14 March 2016

National TV 

BI-159

ABC News 24 / Australian Broadcasting Corporation

The Drum

Due impartiality - in a discussion on Islamic extremism

No breach of clause 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised 2014).

8 March 2016

National TV 

BI-165 

ABC News 24 / Australian Broadcasting Corporation

ABC News

Accuracy and harm and offence, encouraging prejudice – in a news report about a syphilis outbreak

No breach of standards 2.1 [accuracy], 2.2 [materially mislead] or 7.7 [condone or encourage prejudice] of the ABC Code of Practice 2011 (revised 2014).

17 February 2016

Commercial TV

BI-160

WIN / WIN Corporation Pty Ltd 

Catch me if you can

Classification – in the broadcast of a scene that simulated sex, exceeding the PG classification and gave inadequate consumer advice

No breach of clauses 2.3 [classification of films] or 2.20.2 [consumer advice for PG films] of the Commercial Industry TV Code of Practice 2010.

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