2019 television investigations | ACMA

2019 television investigations

The table below contains details of the ACMA's 2019 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 July  2019 Commercial TV BI-486 WIN / Network Investments Pty Ltd Studio 10 Material not suitable for broadcast - in a panel discussion about celebrating Australia Day  No breach of clause 2.6.2 [provoke intense dislike or serious contempt because of race] of the Commercial Television Industry Code of Practice 2015 (revised 2018).
9 August 2019 Commercial TV BI-495 Nine / Queensland Television Ltd Nine News Exercise care in selecting material for broadcast and material which may cause distress in relation to a news story about the trial and conviction of Cardinal George Pell for historical child sexual abuse offences. No breach of clause 2.3.3 [exercise care in selecting material for broadcast] or clause 3.2.1 [material which may cause distress] of the Commercial Television Industry Code of Practice 2015 (revised 2018)
26 July 2019 Commercial Broadcasting - Television BI-465 Prime Television (Northern) Pty Limited Sunrise Captioning – no captions provided on a program broadcast between 6 am and midnight on commercial television primary channel

Breach of subsection 130ZZA(4) in Part 9D of the BSA [commercial television licensee must comply with the Standard] in relation to 16 distinct segments of the program.

Breach of paragraph 7(1)(o) of Schedule 2 to the BSA [commercial television broadcasting licence to comply with Part 9D] in relation to 16 distinct segments of the program.

22 July 2019  National TV/Commercial TV//Subscription broadcast TV/Subscription narrowcast TV  ACMA Report  Various  Various ACMA investigation into coverage by Australian Television broadcasters of the Christchurch terrorist attack  Publication of findings 
28 June 2019 Commercial Broadcasting - Television BI-482 Channel Seven Sydney Pty Limited My Kitchen Rules and Instant Hotel Captioning – no captions provided on a program broadcast between 6 am and midnight on commercial television primary channel

Breach of subsection 130ZR(1) of Part 9D [captioning programs between 6 am and midnight on free-to-air primary television channels] to be disregarded as subsection 130UB(1) [disregarding breaches caused by significant, unforeseen technical difficulties] is applicable.

No breach of paragraph 7(1)(o) of Schedule 2 [licence condition to comply with Part 9D].

28 June 2019 Commercial Broadcasting - Television BI-493 Channel Seven Adelaide Pty Limited AFL Collingwood vs Geelong Captioning – no captions provided on a program broadcast between 6 am and midnight on commercial television primary channel

Breach of subsection 130ZR(1) of Part 9D [captioning programs between 6 am and midnight on free-to-air primary television channels] to be disregarded as subsection 130UB(1) [disregarding breaches caused by significant, unforeseen technical difficulties] is applicable.

No breach of paragraph 7(1)(o) of Schedule 2 [licence condition to comply with Part 9D].

13 June 2019 Commercial TV BI-456 Seven /
Channel Seven Melbourne Pty Ltd
Seven News Accuracy and impartiality - in two news reports about a Magistrate’s court case No breach of clause 3.3.1 [present material facts accurately], no breach of clause 3.4.1 [present news fairly and impartially] of the Commercial Television Industry Code of Practice 2015
16 May 2019 Commercial TV BI-462 Ten / Network Ten (Sydney) Pty Limited Territory Cops Classification and material not suitable for broadcast – in an observational ‘reality’ style series about policing in the Northern Territory No breach of clause 2.1.1 [classification] or clause 2.6.2 [material not suitable for broadcast] of the Commercial Television Industry Code of Practice 2015 (revised 2018)
5 April 2019 National TV BI-442 ABC / The Australian Broadcasting Corporation Catalyst (Feeding Australia: Foods of Tomorrow) Accuracy and due impartiality – in a program about sustainable farming. Breach of Standard 4.1 [due impartiality] and no breach of Standards 2.1 [accuracy] or 2.2 [do not mislead] of the ABC Code of Practice 2011 (revised in 2016)
12 April 2019 Commercial TV BI-443 Seven / Channel Seven Adelaide Pty Limited Commercial for cinema film Venom Classification - allegation that a commercial for a cinema film did not meet PG classification criteria The licensee’s non-compliance with clause 2.1.1 [classification] falls within the exception in clause 1.1.4(b) of the Commercial Television Industry Code of Practice 2015 (revised 2018)
12 April 2019 Commercial TV BI-444 Prime 7 / Prime Television (Southern ) Pty Limited Commercials for the cinema films Halloween and Hunter Killer Classification and special care requirements for non-program material - allegations that commercials for cinema films did not meet PG classification criteria

Halloween Commercial: The licensee’s non-compliance with clause 2.1.1 [classification] and 2.4.1 [special care requirements for non-program material] falls within the exception in clause 1.1.4(b) of the Commercial Television Industry Code of Practice 2015 (revised 2018)


Hunter Killer Commercial
: No breach of clause 2.1.1 [classification] and no breach clause 2.4.1 [special care requirements for non-program material] of the Commercial Television Industry Code of Practice 2015 (revised 2018)

29 March 2019 Commercial TV BI-461 Seven / Channel Seven Sydney Pty Limited Sunrise Material not suitable for broadcast and accuracy in a news report about Australia’s immigration quotas No breach of clauses 2.6.2 [material not suitable for broadcast] or 3.3.1 [accuracy and fairness] of the Commercial Television Industry Code of Practice 2015 (revised 2018)
18 April 2019 Commercial TV BI-472 NBN / NBN Pty Ltd Election advertisements for candidates in the NSW state election Political matter – broadcast the required particulars in accordance with the requirements determined under Schedule 2 to the Broadcasting Services Act 1992 No 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
6 March 2019 National TV BI-451 ABC / Australian Broadcasting Corporation Insiders Harm and offence – in a segment discussing a proposed bill on religious freedoms No breach of Standard 7.1 [harm and offence] or Standard 7.7 [condone or encourage prejudice] of the ABC Code of Practice 2011 (revised in 2016)
28 March 2019 Commercial TV BI-457 One / Network Ten (Melbourne) Pty Ltd Japanese Formula One Grand Prix Tobacco Advertising No breach of 7(1)(a) [tobacco advertising] Schedule 2 of the Broadcasting Services Act 1992
28 March 2019 Subscription TV BI-458 Fox Sports / Foxtel Cable Television Pty Ltd Japanese Formula One Grand Prix Tobacco Advertising No breach of 10(1)(a) [tobacco advertising] Schedule 2 of the Broadcasting Services Act 1992
1 March 2019 Commercial Television BI-434 Seven / Channel Seven Melbourne Pty Ltd  Seven News and Sunday Night Privacy of children in two separate broadcasts focussing on bullying in schools and cyberbullying  Breach of clause 3.5 [privacy] of the Commercial Television Industry Code of Practice 2015 (revised 2018)
1 March 2019  Commercial TV  BI-432  Seven / Channel Seven Melbourne Pty Ltd  Sunday Night Accuracy and material not suitable for broadcast - into a segment of the program titled ‘African Gangs’  No breach of Clause 2.6.2 [material not suitable for broadcast] and breach of Clause 3.3.1 [accuracy] of the Commercial Television Industry Code of Practice 2015 (revised 2018)
 
28 February 2019 Commercial TV BI-448 Nine / Queensland Television Ltd Nine News Privacy in a news report about an armed robbery No breach of clause 3.5.1 [privacy] of the Commercial Television Industry Code of Practice 2015 (revised 2018)
28 February 2019 National Broadcaster BI-446 ABC1 Joanna Lumley’s Silk Road Adventure Captioning – no captions provided on a program broadcast between 6 am and midnight on national broadcaster primary channel Breach of subsection 130ZR(1) [basic rule] of the Broadcasting Services Act.
28 February 2019 Commercial TV BI-445 Seven / Channel Seven Sydney Pty Limited Home and Away Captioning – no captions provided on a program broadcast between 6 am and midnight on a commercial television primary channel Breach of subsection 130ZR(1) [basic rule regarding captioning] of the Broadcasting Services Act 1992 disregarded as subsection 130ZUB(1) [disregarding breaches caused by significant, unforeseen technical difficulties] is applicable; and no breach of paragraph 7(1)(o) [licence condition to comply with Part 9D] of Schedule 2 to the Broadcasting Services Act 1992.

6 February 2019

Commercial TV

BI-433

WIN / Network Investments Pty Ltd

Ten Eyewitness News First at Five

Exercise care in selecting material for broadcast and Material which may cause distress – in a news report about a brutal bashing.

Breach of clause 2.3.3 [exercise care in selecting material for broadcast] and clause 3.2.1 (a) [material which may cause distress] of the Commercial Television Industry Code of Practice 2015 (revised 2018)

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