The ACMA

2017 television investigations

The table below contains details of the ACMA's 2017 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

1 August 2017

National TV

BI-319

ABC / Australian Broadcasting Corporation

7:30

Accuracy, impartiality and opportunity to respond – in a news report about charity fundraisers

No breach of standards 2.1 [accuracy], 4.1 [due impartiality] or 5.3 [opportunity to respond] of the ABC Code of Practice 2011 (revised in 2016)

14 July 2017  Subscription TV  BI-322  Sky News Live / Foxtel Cable Television Pty Limited [Foxtel]  The Morning Shift   Material likely to cause some distress and warnings – Allegation that a report containing footage of the ‘Facebook Live killing’ was unsuitable for broadcast  No breach of clause 2.2(b)(ii) [cause some distress] or 2.2(b)(iv) [warnings for material that may seriously distress or seriously offend] of the Subscription Broadcast Television Codes of Practice 2013 
13 July 2017  National TV BI-324 ABC / Australian Broadcasting Corporation  The Mix Harm and offence – in a program that broadcast depictions of violence No breach of standards 7.1 [harm and offence] or 7.2 [warnings or advice] of the ABC Code of Practice 2011 (revised in 2016)
31 May 2017  Commercial TV BI-309  Nine / General Television Corporation Proprietary Limited  A Current Affair  Accuracy and misrepresentation of viewpoints – in a report about the effects of marine oil extract on hyperactivity and cognition  No breach of clause 3.3.1 [accuracy and misrepresentation of viewpoints] of the Commercial Television Industry Code of Practice 2015
1 June 2017 National TV BI-311 Australian Broadcasting Corporation Four Corners Impartiality and secret recordings – in an investigative journalism/current affairs program about Pauline Hanson’s One Nation Party activities and its leadership No breach of standards 4.1 [impartiality] or 5.8 [secret recordings] of the ABC Code of Practice 2011 (revised in 2016)
31 May 2017  Commercial TV   BI-000307 Channel 7/Channel Seven Melbourne Pty Ltd  Australian Open Tennis 2017 (Nick Kyrgios vs. Andreas Seppi)  Captioning – captions obscuring top-court play during the Australian Open Tennis 2017 match between Nick Kyrgios and Andreas Seppi on 18 January 2017.   • No breach of subsection 130ZR(1) of the Broadcasting Services Act 1992 (the BSA), with regard to the basic rule of the captioning obligations.
• No breach of the Broadcasting Services (Television Captioning) Standard 2013 (the Standard).
• No breach of subsection 130ZZA(4) of the BSA which requires that a licensee complies with the Standard
5 May 2017 Commercial TV BI-308 Ten / Network TEN (Sydney) Pty Limited Studio 10 Classification – in a morning panel/talk show that used coarse language that was offensive, sexist and inappropriate for daytime television No breach of clause 2.1.1 [classification] of the Commercial Television Industry Code of Practice 2015.
27 April 2017  Commercial TV BI-306  Nine/General Television Corporation Proprietary Limited  Nine News  Classification and News and Current Affairs - Allegation that footage in a news report of the moment of impact in a car collision was distressing and inappropriate for broadcast  No breach of clause 2.3.3 [exercise care in selecting material for broadcast] or clause 3.2.1 [material which may cause offence] of the Commercial Television Industry Code of Practice 2015
3 April 2017 National TV BI-304 SBS / Special Broadcasting Service Outlander Classification and consumer advice –  Alleged depiction of sexual violence that was gratuitous and not suitable for broadcast No breach of code 4.6 [Classification] and no breach of code 4.8 [Consumer advice] of the SBS Codes of Practice 2014 (revised 2016)
30 March 2017 Subscription TV BI-302 Lifestyle channels/ Foxtel Cable Television Pty Limited Advertisement for The Equality Campaign and promotions from the ‘Love is Love’ campaign Political matter – broadcast the required particulars immediately following the broadcast of political matter No breach of subclause 4(2) [identification of certain political matter] or paragraph 10(1)(i) [comply with subclause 4(2)] of Schedule 2 to the Broadcasting Services Act 1992
23 March 2017  Subscription TV BI-301  Sky News Live/Foxtel Cable Television Pty Limited  Promotions for The Equality Campaign  Political matter – broadcast the required particulars immediately following the broadcast of political matter  Breach of subclause 4(2) [identification of certain political matter] and paragraph 10(1)(i) [comply with subclause 4(2)] of Schedule 2 to the Broadcasting Services Act 1992 
14 March 2017 Commercial TV  BI-265 9GO! / General Television Corporation Proprietary Limited Commercials for CrownBet broadcast during The Spiderwick Chronicles Gambling advertising – commercials related to betting or gambling broadcast during a program principally directed to children Breach of subclause 6.5.1(b) [restrictions on betting and gambling commercials] of the Commercial Television industry Code of Practice 2015
9 March 2017 Commercial TV BI-276 Network Ten (Brisbane) Pty Limited Commercials for Sportsbet broadcast in Ten Eyewitness News First At Five and the KFC Big Bash League Gambling advertising – commercials relating to gambling or betting broadcast during a program that would attract a large audience of children No breach of clause 6.5.1 [restrictions on betting and gambling commercials] or Appendix 3 [restrictions on promotion of odds and betting and gambling commercials during a live sporting event] of the Commercial Television Industry Code of Practice 2015
3 March 2017  Commercial TV BI-274 7Flix/Channel Seven Melbourne Pty Ltd  Hannibal  Classification - modification of an R 18+ classified film to make it suitable for broadcast  No breach of paragraph 7(1)(ga) of Schedule 2 to the Broadcasting Services Act 1992 [modify R18+ films].
No breach of clause 2.6.1 of the Commercial Television Industry Code of Practice 2015 [suitability for broadcast].
 
24 February 2017  Commercial TV BI-273  Ten / Network TEN (Sydney) Pty Limited  Ten Eyewitness News  Accuracy and impartiality – in a promotional segment and a news report about the federal government’s proposal to re-schedule codeine products from over-the-counter to prescription-only medicine  No breach of clause 3.3.1 [accuracy] and no breach of clause 3.4.1 [impartiality] of the Commercial Television Industry Code of Practice 2015 
22 February 2017  National TV  BI-268  ABC1/Australian Broadcasting  Corporation  ABC News 7.00pm Victorian Edition  Captioning – quality of captions in a news and current affairs program broadcast on 4 October 2016  Breach of the Broadcasting Services (Television Captioning) Standard 2013 (the Standard) by 6 distinct segments and as such a breach of subsections 130ZZA(5) [compliance with the Standard] and 130ZR(1) [captioning programs broadcast between 6 am and midnight on national and commercial television primary channels] of the Broadcasting Services Act 1992 
22 February 2017  National TV  BI-267  ABC1/Australian Broadcasting  Corporation  ABC News: Early Edition  Captioning – quality of captions in a news and current affairs program broadcast on 8 September 2016  Breach of the Broadcasting Services (Television Captioning) Standard 2013 (the Standard) by 6 distinct segments and as such a breach of subsections 130ZZA(5) [compliance with the Standard] and 130ZR(1) [captioning programs broadcast between 6 am and midnight on national and commercial television primary channels] of the Broadcasting Services Act 1992 
22 February 2017  Commercial TV  BI-231  TEN/Network Ten (Perth) Pty Limited Advertisement for the ‘notbornyet’ campaign by Emily’s Voice Political matter – broadcast the required particulars immediately following the broadcast of political matter Breach of subclause 4(2) [identification of certain political matter] and paragraph 7(1)(j) [comply with subclause 4(2)] of Schedule 2 to the Broadcasting Services Act 1992
14 February 2017 Commercial TV  BI-227 Nine/TCN Channel Nine Pty Ltd Nine News Sunday Accuracy and impartiality – in a news report about Ku-ring-gai Council’s  opposition to the NSW government’s council amalgamation plans and Cr Cheryl Szatow’s use of public funds  Breach of clause 3.3.1 [present material facts accurately] of the Commercial Television Industry Code of Practice 2015.
Breach of clause 3.4.1 [present news fairly and impartially] of the Commercial Television Industry Code of Practice 2015
14 February 2017  National TV  BI-272  ABC1/Australian Broadcasting Corporation The Mix  Harm and offence – in a program that broadcast a painting of a female nude that was not suitable for viewing by children  No breach of standards 7.1[harm and offence] or 7.2 [warnings or advice] or 7.3 [classification] of the ABC Code of Practice 2011 (revised 2016) 
10 February 2017   National TV  BI-270 ABC/Australian Broadcasting Corporation  ABC News Breakfast Accuracy and due impartiality – in a segment about a South Australian power blackout No breach of standards 2.1 [accuracy] or 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised in 2016) 
9 February 2017 Subscription TV  BI-271 FOX SPORTS 2 / Foxtel Cable Television Pty Limited The Fall program promotion Particular regard to the need to protect children from unsuitable material – in a program promotion for an MA15+ TV series, broadcast within a live cricket match No breach of code 2.3 [program promotions and news updates] of the Subscription Broadcast Television Codes of Practice 2013
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