27 Nov, 09

Underbelly | News

Nine in Trouble Over Underbelly Advertising

ACMA finds Nine Network promotion for Underbelly: A Tale of Two Cities was inappropriate for G viewing.

The Australian Communications and Media Authority has found that TCN Channel Nine Pty Ltd breached the 2004 Commercial Television Industry Code of Practice (the code) by broadcasting a promotion for the series Underbelly: A Tale of Two Cities, in a G viewing time zone.

The promotion broadcast on 6 February 2009, depicted the menacing use of a gun and had been incorrectly classified as G (General) by the licensee.

The code contains special restrictions for promotions broadcast during G viewing periods or G programs. Programs with a higher classification can only be promoted in G viewing periods if the promotion complies with strict classification criteria, which include a prohibition on the use of guns in a manner intended to inflict harm.

‘Community concern about depictions of guns and violence are reflected in the code’s provisions. The stricter classification criteria for promotions are safeguards designed to ensure that promotions for M programs are suitable for viewing by G or PG audiences,’ said Chris Chapman, Chairman of the ACMA.

‘The Underbelly promotion depicted menacing gun use despite explicit prohibition in the industry’s own code.’

TCN also breached the complaints-handling provisions of the code by failing to provide a response to the complainant within 30 working days. Further, the response ultimately sent to the complainant was not substantive. TCN also breached the code in this regard.

TCN has accepted the three breach findings.

The Nine Network has now implemented new classification procedures that give greater focus to promotions that may raise classification issues – such as where a program is being promoted in a lower classification time zone.

The Nine Network has also reviewed its complaints-handling processes in response to this, and other recent, complaints-handling breach findings (see Investigation Reports 2223, 2157 and 2245). A new mail logging and complaint identification process will be implemented by all Nine Network licensees, and code complaints will be ‘tracked’ to ensure responses are provided on time. Viewer correspondence relating to the Underbelly series of programs and other classification matters will be prepared by Nine’s Regulatory Affairs Manager.

Source: ACMA