Action on content complaints and investigations: July to September 2019

We assessed 50 broadcasting matters

We commenced 26 investigations

We finalised 23 investigations

There were 5 investigations with breach findings

Provisions of the Commercial Television Industry Code of Practice 2015 (revised 2018)

BI-467

Channel Seven Perth Pty Ltd

Alleged lack of accuracy, distress and breach of privacy in a Seven News report about a fatal car accident

• 3.2.1(d): distress
• 3.3.1: accuracy and fairness
• 3.5.1 privacy

BI-468

Swan Television & Radio Broadcasters Pty Ltd (Nine)

Alleged lack of accuracy, distress and breach of privacy in a Nine News report about a fatal car accident

• 3.2.1(d): distress
• 3.3.1: accuracy and fairness
• 3.5.1 privacy

BI-486

Network Investments Pty Ltd (Ten)

Allegations that a Studio Ten segment included racist comments that ridiculed and offended Indigenous Australians

• 2.6.2: material not suitable for broadcast

BI-491

Queensland Television Ltd (Nine)

Allegation that two episodes of Married at First Sight were incorrectly classified M

• 2.1.1: classification
• 2.2.2: classification zone

BI-492

Swan Television & Radio Broadcasters Pty Ltd (Nine)

Allegation that an episode of Married at First Sight was incorrectly classified PG

• 2.1.1: classification
• 2.2.1: classification zone

BI-494

Channel Seven Perth Pty Ltd (Seven)

Allegation that a cinema commercial for Hellboy was incorrectly classified PG

• 2.1.1: classification
• 2.2.1: classification zone
• 2.4.1: special care requirements for non-program material
• 2.5.4: classification viewer information

BI-495

Queensland Television Ltd (Nine)

Allegation that a news report about Cardinal Pell referenced graphic details of sexual abuse without providing a warning

• 2.3.3: exercise care in selecting material for broadcast
• 3.2.1(a): distress

BI-505

TCN Channel 9 Pty Ltd (Nine)

Allegation of gambling advertisements broadcast during State of Origin games 1 and 2

• Appendix 3: Commercials relating to betting and gambling broadcast during a live sporting event

Provisions of the Commercial Radio Code of Practice March 2017 (revised 2018)

BI-498

Goulburn and Border Broadcasters Pty Ltd

(Triple M)

Allegation that the Kennedy Molloy program incited severe ridicule of people of short stature due to use of the term ‘midget’

• 2.1.4: incite severe ridicule because of disability

BI-513

Canberra FM Radio Pty Ltd (Hit 104.7)

Allegation that the Hughesy and Kate program incited severe ridicule towards a man with a ‘micro-penis’ on the basis of disability

• 2.1.4: incite severe ridicule because of disability

Provisions of the Community Radio Broadcasting Codes of Practice 2008

BI-496

QBN FM Incorporated

Allegation of complaints handling

• 7.3(a)(b)(c)(d): complaint handling

Provisions of Schedule 2 to the BSA

BI-465

Prime Television (Northern) Pty Limited (Prime7)

Allegation the captioning of the Sunrise program was of poor quality

• 7(1)(o): comply with rules and standards related to captioning
• ss130ZZA(4): captioning standards

BI-471

Peak Hill FM 89.5

Allegation that community broadcaster was not encouraging community participation in the operations or selection and provision of programs

• 9(2)(c)(i): encouraging participation in operations
• 9(2)(c)(ii): encouraging participation in selection and provision of programs

BI-487

Yarra Valley FM Inc

Complaint about a community licensee broadcasting advertisement

• 9(1)(b): will not broadcast advertisements

BI-488

Albany Community Radio Inc

Complaint about a community broadcaster not encouraging participation in the operations of the service

• 9(2)(c)(a): encouraging participation in operations

BI-500

Prime Television (Northern) Pty Limited

Allegation that an election advertisement was broadcast without the required particulars

• 4(2): licensee must announce required particulars

BI-501

Channel Seven Brisbane Pty Ltd (Seven)

Alleged broadcast of a political advertisement during blackout period

• 3A(2): licensee must not broadcast election advertisements during the blackout period

BI-502

Commonwealth Broadcasting Corporation Pty Ltd (KIIS FM)

Alleged broadcast of a political advertisement during blackout period

• 3A(2): licensee must not broadcast election advertisements during the blackout period

BI-503

Moreton Media Group Inc (4RED)

Complaint about a community licensee broadcasting advertisements and exceeding the sponsorship limit

• 9(1)(b): will not broadcast advertisements
• 9(3)(b): will not exceed 5 minutes per hour of sponsorship announcements

BI-504

Peninsula Community Broadcasting Inc (Gulf FM)

Complaint about a community licensee broadcasting advertisements and not providing the service for community purposes

• 9(1)(b): will not broadcast advertisements
• 9(3)(b): will not exceed 5 minutes per hour of sponsorship announcements

BI-515

Foxtel Cable Television Pty Ltd (Foxtel)

Allegation that broadcasts of the Monaco Formula 1 Grand Prix contained tobacco advertisements

• 7(1)(a) must not broadcast a tobacco advertisement

BI-516

Network Ten Melbourne Pty Ltd (Ten)

Allegation that broadcasts of the Monaco Formula 1 Grand Prix contained tobacco advertisements

• 7(1)(a) must not broadcast a tobacco advertisement

BI-469

SEN+

Allegation that gambling advertising was streamed in conjunction with live sporting event content

• Section 12 of the Broadcasting Services (Online Content Service Provider Rules) 2018
• Section 21 of the Broadcasting Services (Online Content Service Provider Rules) 2018