Big Brother (2006)

In 2006, BIG BROTHER was back with another series on Channel 10. The ACMA report meant that some changes had been made. The late-night BIG BROTHER: UNCUT, was now replaced with BIG BROTHER: ADULTS ONLY. 

This was still not enough to silence the show's critics, and soon it was back in the firing line.....

***

The SMH takes a look at how the complaints against BIG BROTHER in 2005 will change the show in 2006.

Ease the sleaze. SMH 18.04.06

The findings have cast a shroud over the sixth series, which begins on Sunday, but Tim Clucas, Ten's head of production and development, describes the breaches as "isolated incidents" in Big Brother's otherwise distinguished history. "In a couple of places, we got the line in the sand wrong and stepped over it. We've acknowledged that publicly. Yes, there's a handful of complaints but a million people happily watch Uncut and don't complain. It's got to be put in perspective."

So what about this year? Uncut stays but will no longer be live. The number of in-house classifiers has been doubled from one to two, and they will have more time to assess each episode and, if necessary, rework it. Ten will report weekly to the authority regarding viewer complaints about Uncut. It has also beefed up its anti-sexual harassment and bullying protocols, assisted by a rape crisis-centre manager and a media studies professor, Catharine Lumby.

At first glance, such measures would seem to erode Uncut's cheek and spontaneity. What, no more drunken streaks through the diary room, illicit gropes between the sheets or breathless rumpy-pumpy in the sauna?

Don't believe it. Yes, Ten can afford no more extreme smut. The authority has signalled it may impose punitive sanctions if Ten's internal protocols fail and the show transgresses again. But run-of-the-mill sexual allusions or nudity - say, a quick pan to a housemate's dangly bits in the shower - remain permissible. The footage must be signposted correctly and not be "gratuitous, exploitative or demeaning" under the code. The authority also recommends Ten surrounds "scenes of high impact" with more trivial fare to reduce an episode's "cumulative intensity".

The network is co-operating but still promises a saucy show. Uncut will be "entertaining and fun and representative of the Big Brother house that we can't show in earlier timeslots", says Margaret Fearn, Ten's head of corporate communications.  

***

Big Brother sleaze angers MPs Herald Sun 21.06.06

Liberal MP Trish Draper yesterday said the Government needed to be able to take the adult show off the air within 48 hours if it broke censorship rules.

Ms Draper and National Party MP Paul Neville complained about the gratuitous nature of the program to Coalition colleagues at a joint party room meeting yesterday.

They said they were concerned it would take more than a month to have the adults-only version of Big Brother axed under existing rules if it breached MA+ guidelines.

Ms Draper, who heads a parliamentary classifications committee, said she had asked Communications Minister Helen Coonan to examine the issue.

"We feel that ACMA (Australian Communications and Media Authority) should be able to compel Channel 10 to sit down and go through the process immediately there are complaints," she said.

Under existing rules, complaints must first be made to the TV network and are only taken to the ACMA if they are not resolved in 30 days.

***

Axe smutty TV in 48 hours, say MPs The Advertiser 22.06.06

Ms Draper said a group of concerned MPs wanted to see the turnaround for complaints to Ten and ACMA reduced to 48 hours.

"Therefore, if Channel 10 have breached the code, we can have the program pulled off air," she said. "Currently, it takes a minimum of 30 working days and that is far too long because the series continues and . . . Ten gets away with it once again."

Ms Draper is chairwoman of a Classification Issues Group in the Coalition, made up of about 40 MPs. Along with deputy chairman, Nationals Senator Barnaby Joyce, she today will meet Communications Minister Helen Coonan's office to discuss the group's proposal.

Ms Draper said she believed Network Ten had breached the commercial television industry code of practice by apparently depicting a sexual act in its late night show.

"It is an appalling indictment on how low entertainment programs will go for audiences," she said.

"I find it very sad that reasonably intelligent Australians waste their time watching this sort of rubbish.

"I would be most distressed if any of my sons treated women the way they are treated in that program." A spokeswoman for Ms Coonan said she raised the issue of a faster turnaround for complaints with ACMA. The Government also was examining possible measures to strengthen ACMA's powers, she said.

***

BB AO feedback. The Daily Telegraph 23.06.06

Daily Telegraph readers have been very vocal about the recent decision by Ten executives to axe Big Brother Adults Only. Read the latest comments and those from earlier in the week.

***

When the final four episodes were scrapped, a spokeswoman for Communications Minister Helen Coonan claimed: 

"It is purely a decision for Channel 10. They were obviously responding to legitimate complaints from their audience," 
It's Big Brother Cut. Herald Sun 24.06.06

Joyce however could not help himself. Claiming it was he who pressured C10 to remove the show.

Quoted from:
Ten pulls Brother after MP scalding. The Australian 24.06.06

Barnaby Joyce said yesterday he harangued the executives over Big Brother on Thursday in a meeting arranged by Ten to argue the network's case for media reform.

"I listened to what they had to say then told them in no uncertain terms that they were doing themselves no favours arguing for reforms while Big Brother was still on the air," Senator Joyce told The Weekend Australian.

Mr Joyce said the delegation argued the adults-only version, screened at 9.40pm on Mondays, had been sanitised after complaints about last year's series.

"And I said, 'The other night you had simulated anal sex on the TV just three hours after The Simpsons'," Senator Joyce said. "Tell me how I explain that to my daughter."

Senator Joyce were last night pleased with Ten's decision to scrap the adults-only version of Big Brother.

Senator Joyce said the Ten delegation had remained largely silent during his spray on Thursday. "They just sat there sheepishly, looking around for the nearest exit," he said.

***

Now this is just great.

'The other night you had simulated anal sex on the TV just three hours after The Simpsons'," Senator Joyce said. "Tell me how I explain that to my daughter."

Judging from photos, Barnaby's four children all look rather young. Which begs the question, what would his daughter be doing watching a show called BIG BROTHER: ADULTS ONLY? How about some parental responsibility Barnaby. Just because parents like you that use the TV as a babysitter, doesn't mean that all programs should be PG. If you send her to bed after THE SIMPSONS then maybe you wouldn't have to explain anal sex to her!

***

Self-censors strike Big Brother. SMH 24.06.06

Ten said yesterday it would end the show a few weeks early because it was "the responsible and practical thing to do".

The axing follows a meeting on Thursday between Ten's executive chairman, Nick Falloon; chief executive, Grant Blackley; and the Minister for Communications, Helen Coonan. Complaints about the program were discussed, but Ten insists the decision to end the show was its own.

"We are confident the show has complied with the [Commercial] Television Industry Code of Practice, and we have met all our undertakings," the company said.

"However, questions continue to be raised as to whether the show should be on air. We did not see that situation changing, regardless of how we treated the program, and that uncertainty was putting unfair pressure on our team."

***

Ten pulls Brother after MP scalding. The Australian 24.06.06

THE Big Brother - Adults Only series has been dumped just one day after the Ten Network was told by Coalition MPs the steamy show was damaging its push for key media reforms. Network Ten executive chairman Nick Falloon and chief executive Grant Blackley received an ear-bashing in Canberra this week while lobbying for law changes that would drive up the potential sale price of the Canadian-controlled company.

Nationals senator Barnaby Joyce said yesterday he harangued the executives over Big Brother on Thursday in a meeting arranged by Ten to argue the network's case for media reform.

"I listened to what they had to say then told them in no uncertain terms that they were doing themselves no favours arguing for reforms while Big Brother was still on the air," Senator Joyce told The Weekend Australian.

Mr Joyce said the delegation argued the adults-only version, screened at 9.40pm on Mondays, had been sanitised after complaints about last year's series.

"And I said, 'The other night you had simulated anal sex on the TV just three hours after The Simpsons'," Senator Joyce said. "Tell me how I explain that to my daughter."

The Ten network has also received complaints about Big Brother from the Coalition's Classifications Issues backbench committee.

The committee is demanding the Australian Communications and Media Authority be given wider powers to patrol content on free-to-air television and respond to public complaints.

During Tuesday's partyroom meeting, committee chair Trish Draper and Nationals MP Paul Neville complained directly to John Howard about Big Brother.

Mr Neville is an influential member of the backbench communications committee closely scrutinising proposals for media reform.

Ms Draper and Senator Joyce were last night pleased with Ten's decision to scrap the adults-only version of Big Brother.

Senator Joyce said the Ten delegation had remained largely silent during his spray on Thursday. "They just sat there sheepishly, looking around for the nearest exit," he said.

***

It's Big Brother Cut. Herald Sun 24.06.06

Communications Minister Helen Coonan said there had been no political intervention over the controversial show.

"It is purely a decision for Channel 10. They were obviously responding to legitimate complaints from their audience," a spokeswoman for Senator Coonan said.

Liberal MP Trish Draper said the turnaround time between viewer complaints was too long.

"ACMA should have the power to act within 48 hours," she said.

Labor's acting communication spokesman, Lindsay Tanner, said complaints about TV shows had trebled in the past year, but ACMA did not have the power to act.

"Both Labor and ACMA have been calling for stronger enforcement powers for over 18 months," he said.

"TV networks have been routinely breaching the code of conduct, it's about time ACMA had adequate powers to police the code."

***

Blue Brother axed. Daily Telegraph 24.06.06

The next episode was due to air as usual at 9.40pm Monday but Ten announced the four remaining planned episodes had been cancelled.

Ms Draper continued her campaign this year, writing to Ten in May demanding the AO version be axed and calling for more regulation of entertainment programming.

***

Around 4.30am on Saturday July 1st two of the male housemates were shown climbing on top of Camilla. One held her down, while another pushed his crotch in her face. The event was not screened on TV, but was streamed to subscribers over the internet. The event has since been posted on numerous sites such as You Tube. For the conservatives this was the gift they were looking for. The reaction was swift.

Contestant Ashley, real name Michael Cox, 20, and 21-year-old John, real name Michael Bric, climbed into the bed of 22-year-old Camilla Halliwell at 4.30am on Saturday. Boxer short-clad Mr Cox pushed his crotch in her face as Mr Bric held her down.

Senator the Hon Helen Coonan Minister for Communications, Information Technology and the Arts 
Media Release 064/06
2 July 2006 
‘Alleged Big Brother Incident’

The Minister for Communications, Information Technology and the Arts, Senator the Hon Helen Coonan today sought urgent answers in relation to an alleged incident involving three ‘Big Brother’ housemates during filming of the programme over the weekend.

“Like most Australians, in particular parents of children who watch the ‘Big Brother’ programme, I was very concerned to hear details of an alleged incident involving three housemates over the weekend, said Senator Coonan.

“I note that the alleged incident was sexual in nature and make very clear that any allegation of sexual assault is a very serious issue.

“Clearly this is matter for the police and I am advised that Network 10 has provided the footage of Saturday morning’s incident to the Queensland Police.

“Any further action in relation to possible criminal charges emanating from this footage is obviously a matter for the police,” Senator Coonan said.

The Minister has also sought an urgent assessment of the issue and possible breaches of the television code of conduct from the Australian Communications and Media Authority (ACMA), the regulator of television content.

“I have spoken with the Chairman of ACMA this morning and he will be providing an urgent assessment about possible breaches of codes of conduct relating to television content.

It is understood that footage of the alleged incident was not broadcast on television but was streamed via the Internet to an unspecified audience who logged on in the early morning of Saturday.

“I have sought and obtained an undertaking from Channel 10 that they will not broadcast or promote this incident. I will ensure ACMA also investigates any breaches of the regulations.

“I will have more to say after the regulator has provided me with advice tomorrow.” the Minister said.

***

LEADER OF THE OPPOSITION THE HON KIM C BEAZLEY MP
TRANSCRIPT OF DOORSTOP, RUNCORN, BRISBANE, 2 JULY 2006

JOURNALIST: Final question. Big Brother is in the news again and in Parliament that people have been saying the adult only sort of content in it and so forth. Is it a bit of a blight on Australian television? 

BEAZLEY: Look, if my advice is worth anything to the folk who run Channel Ten and who they choose to conduct themselves is their business, I’d say: make this Big Brother the last.

***

Calls to evict Big Brother over smut. The Australian 03.07.06

POLITICIANS and family groups yesterday called on the Ten Network to axe Big Brother after two contestants were thrown off the reality show for sexual misconduct, a week after its adults only version was pulled. Queensland police yesterday examined video footage of the incident that aired on the program's live internet site on Saturday morning.

Contestant Ashley, real name Michael Cox, 20, and 21-year-old John, real name Michael Bric, climbed into the bed of 22-year-old Camilla Halliwell at 4.30am on Saturday. Boxer short-clad Mr Cox pushed his crotch in her face as Mr Bric held her down.

Police questioned Ms Halliwell yesterday but did not receive a formal complaint and ruled out a criminal investigation.

***

Senator the Hon Helen Coonan Minister for Communications, Information Technology and the Arts 
Media Release 065/06 
3 July 2006 
‘Big Brother’ 

The Australian Communications and Media Authority (ACMA) is continuing its assessment of the alleged incident which took place on the set of the “Big Brother” television program on 1 July 2006, Minister for Communications, Information Technology and the Arts, Senator the Hon Helen Coonan said today. 

“I have not yet received a written response from ACMA, however I expect that a report will be provided in the next 24 hours,” Senator Coonan said.

“The incident which allegedly occurred on the set of the ‘Big Brother’ program was both disturbing and offensive and many in the community are rightly concerned by the prospect of footage of this incident being broadcast. 

“I have been in discussions with ACMA officers and I can confirm that the incident in question was not broadcast on free-to-air television. 

“In addition, I have sought and obtained an undertaking from Channel 10 that they will not broadcast or promote this incident. However, prior to this undertaking, footage of the incident had already been streamed on the Internet to a limited audience via a paid service which is restricted to subscribers over the age of 18. 

“ACMA will assess whether the streaming of this footage over the Internet breached the requirements of the Online Content Scheme, which restricts the type of material that can be hosted on Australian internet services. 

“The Online Content Scheme, introduced in 2000, bans offensive material from being hosted on Australian web servers and requires Internet Service Providers (ISPs) to limit access to certain material to adults. 

“The Scheme introduced industry codes dealing with prohibited content on the Internet. Compliance with the code is enforced by ACMA and ISPs can be fined up to $27,500 per day for breaching the code. 

“The National Classification Code (the Code) is used to define prohibited material for the purposes of the Online Content Scheme. The Code is formally agreed between Commonwealth, State and Territory Censorship Ministers at the regular Standing Committee of Attorneys-General (SCAG) meetings which deal with censorship matters. 

“Schedule 5 to the Broadcasting Services Act provides that the relevant test for prohibited online content classification is derived from the Code.

“It was drawn to my attention today that some media outlets have provided access to footage of the alleged incident on their websites. 

“I have asked that AMCA also assess this distribution of the material, and I have written to the media outlets in question this afternoon requesting that they immediately remove the material pending ACMA’s findings.”

***

03 July 2006
TRANSCRIPT OF THE PRIME MINISTER THE HON JOHN HOWARD MP INTERVIEW WITH RAY HADLEY, RADIO 2GB, SYDNEY

RAY HADLEY: I can’t imagine that you and your wife on a Sunday night put your feet up and have a look at Big Brother on a regular basis, but you know that they’ve taken you and other politicians off the front page of newspapers over the past few days, along with Eddie McGuire, as I mentioned earlier.

But what about standards? I mean I respond to listeners to this programme and callers to this programme by saying the oldest weapon is the remote, you just switch it off or change channels, but there does seem to be a shift away, particularly on the Ten Network, which is aimed at a much younger demographic, to things that we wouldn’t have accepted, maybe three, four, five years ago.

PRIME MINISTER: I agree with that. You can give too complicated a response to something like this. I think it is just a question of good taste and I don’t like heavy handed regulation. The business community is always saying to me let us self regulate. Well here’s a great opportunity for Channel Ten to do a bit of self regulation and get this stupid programme off the air.

***

LEADER OF THE OPPOSITION THE HON KIM C BEAZLEY MP
TRANSCRIPT OF DOORSTOP INTERVIEW, ORANA PARK, SYDNEY 3 JULY 2006

JOURNALIST: On a separate issue, the Prime Minister’s made comments this morning about Big Brother on Channel Ten. What’s your view on it?

BEAZLEY: I’ve got to say, as a dad, I don’t like seeing young women treated that way. I’ve got three daughters and I do think that there needs to be, always, a statement made that the people in this country, men and women, are treated properly. I think the value, if there ever was any in Big Brother, has come to an end and I would hope, as I said yesterday, that Ten makes this the last series. 

JOURNALIST: Mr Beattie has actually come out today and said that he doesn’t want calls for the show to be axed. Do you still stand by your comments yesterday? 

BEAZLEY: Well, I’ll quote Mr Beattie exactly. What Mr Beattie said is, “There’s enough American crap on television, you might as well have some Australian”. And I admire his spirit of nationalism. That’s what Mr Beattie said. I go for the folks, myself. I think that better employment opportunities are provided by the Home and Away’s and the various police dramas. There’s no help for the scriptwriters in Big Brother. There’s not an awful lot for Australian actors either, as far as that is concerned. So, I actually go for the whole banana really, the complete schmear, when it comes to Australian television. And do we have enough of it? No, I don’t think we do. I mean, I would like to see much more Australian drama, Australian docos, on television. 

***

Australian Democrats Press Releases 
Senator Andrew Bartlett Deputy Parliamentary Leader and Democrats Senator for Queensland 
Dated: 03 July 2006 
Press Release Number: lysrndgm 
Portfolio: General 
Related: Communications 
Don't Let Politicians Be Big Brother 

Queensland Democrat Senator, Andrew Bartlett, has spoken out against the latest bout of moral hysteria being whipped up by federal politicians against the 'Big Brother' TV show. 

"It is politicians trying to be Big Brother that we really need to be concerned about. That is far more serious and dangerous to our social fabric than a lame television show," Senator Bartlett said. 

"If anyone in the Big Brother house broke the law, then it can be dealt with by the legal system. Attempting to force a television show off the air because of an incident that wasn't even screened on television is an excessive intrusion into the lives of Australians by moralising, preaching politicians who want to control how people live their lives." 

"I don't watch Big Brother, don't like the show and find the endless gossip about it that pollutes our newspapers tiresome in the extreme."

"However, I suspect many people have forgotten that the original Big Brother was a politician in a book by George Orwell who used political power to control every aspect of people's lives, from what they said, did and watched, right down to their private thoughts." 

"I sure don't want politicians and religious fundamentalists being able to act as the 'Thought Police' for our entire community." 

"The moral panic being opportunistically whipped up by the Family First party and a few other politicians is a tactic straight out of George Orwell's novel '1984'. It is time we remembered the central lesson of that book where Big Brother made his debut letting politicians police peoples personal choices is a recipe for tyranny," Senator Bartlett said.

***

Steve Fielding
Family First Senator for Victoria
MEDIA RELEASE SF72. 
Monday July 3, 2006 
FAMILY FIRST CALLS FOR BIG BROTHER TO BE EVICTED 

FAMILY FIRST wants Big Brother evicted - immediately. 

This is an issue about children and decent standards. 

Big Brother is nothing but sex, smut and sleaze. It is ruining our children’s minds. 

The fact it is on television sends a signal that this is acceptable behaviour.

 Big Brother legitimises behaviour that is completely unacceptable. 

How low do we have to go before this program is taken off air? 

As a father of three, I feel strongly about this issue. How are parents supposed to teach responsible sexual behaviour? How can they teach their boys respect for women when programs like this promote the opposite?

The Government has been talking tough for months but parents want action, not talk. Communications Minister Helen Coonan says she has an undertaking from Channel 10 that they won’t promote the incident, yet they are already promising a 'tell-all exclusive interview' with the two men! 

The Australian Communications and Media Authority (ACMA) is a toothless tiger. What is the point of having a media regulator when all it can do is slap networks on the wrist? 

ACMA must have the power to stop programs going to air and impose big fines on broadcasters. It will receive $242 million in funding in 2006/07 yet it lacks enforcement powers to crack down on this trash.

***

MEDIA STATEMENT 
Senator Stephen Conroy Deputy Opposition Leader in the Senate Shadow Minister for Communications and Information Technology 
3 July 2006 
Big Brother: Channel Ten should not profit from alleged sexual assault 

The recent allegations of sexual misconduct on Big Brother leave Channel Ten with a duty to try and fix the damage it has done to public perceptions of appropriate behaviour towards women. 

Channel Ten should do the responsible thing and donate the advertising revenue from the shows associated with this incident and the remaining $275,000 contestant’s prize pool to a body dedicated to preventing this type of behaviour (like the Centre Against Sexual Assault, a body associated with the Royal Women’s Hospital). 

Given that Channel Ten has played a part in promoting inappropriate conduct towards women, it can take the lead in combating this type of behaviour. 

It would be obscene for Channel Ten to try to profit from alleged criminal behaviour on Big Brother by staging a ‘special’ show to hear the alleged perpetrator’s side of the incident. 

Scheduling such a show for commercial gain would be the basest form of opportunism on the part of the network. 

It would be bad enough if these allegations were a one off. 

However, what makes this alleged conduct completely unacceptable is the fact that this is the second strike for Big Brother. 

It is clear that the current format of the show promotes alcohol fuelled inappropriate behaviour towards women. This needs to change immediately.

The object of Australia’s television codes of practice is to protect Australian families and children from exposure to this kind of potentially criminal conduct. 

If Australia’s laws can't prevent an alleged sexual assault on a prime time television shows there is clearly something very wrong.

***

Can't take my eyes off you. SMH 04.07.06

Controversy only heightens the fascination viewers - and critics - already have with the housemates, writes Alexa Moses.

Ignoring calls yesterday from politicians, including the Prime Minister, to can the show, the head of production and development at Channel Ten, Tim Clucas, says there will "absolutely" be another series of the program.

"People have to understand [the incident] was not a piece of television," Clucas says. "It did not go to air on Network Ten and will not go to air on Network Ten. People need to differentiate between the TV show and the house."

***

Senator the Hon Helen Coonan Minister for Communications, Information Technology and the Arts 
Media Release 066/06
5 July 2006
Review of the Television Code of Practice and the regulation of online content

The Australian Communications and Media Authority (ACMA) will be directed to undertake a detailed review of the free to air television code of practice and legislation will be introduced into Parliament to extend content regulation to video streamed on the Internet, Minister for Communications, Information and the Arts Senator the Hon Helen Coonan said today.

The decision comes after an assessment from ACMA of the much publicised incident on the set of Channel 10’s “Big Brother” programme which was streamed live over the Internet at about 4.30am on Saturday 1 July 2006.

ACMA’s assessment noted that because the material had not been broadcast by Channel Ten on television, the standards applying to free to air broadcasts do not apply.

Schedule 5 of the Broadcasting Services Act (the Act) regulates online content. It empowers ACMA to review instances where online content may have been inappropriate, against the standards set out in the National Classification Code. However, it applies to material which is stored and made available for viewing on the Internet. ACMA found that whilst the live Internet stream could have been seen by paid subscribers watching at that time, the material had not been stored on the “Big Brother” website, and accordingly the material was not internet content for the purposes of Schedule 5.

“A number of other websites and media outlets had subsequently made footage of the incident on the “Big Brother” set available for viewing,” Senator Coonan said.

“However, I am advised that the material was subsequently removed from those websites after I wrote to the relevant news outlets asking that the material be taken down.

“This matter has reinforced the need for changes to the Act to ensure that these new services being offered over the internet and mobile devices are subject to the same content restrictions that apply to television broadcasts.

“On June 14 2006 in an address to the National Press Club I announced that legislation would be introduced to ensure that appropriate content safeguards would be imposed on all non-broadcasting commercial content services, including live services.

“This important legislation is presently being drafted and will be introduced into Parliament at the earliest opportunity. I will be urging all of my Parliamentary colleagues to support the extension of these essential safeguards.

“Given the community outrage about this matter, it would appear the codes applying to television program classifications may also be out of step with community standards.

“In addition to legislative changes, using powers under s171 of the Act, I will direct ACMA to conduct a detailed review of whether the free to air television code of practice is operating to provide appropriate community safeguards in relation to reality TV programming.

“The investigation by ACMA will include community consultation. Following that consultation, ACMA has the power to impose a mandatory standard on the free to air television industry, if the relevant code of practice does not provide adequate community safeguards.

“When considering online content ACMA applies the National Classification system, agreed by the Commonwealth, States and Territories.

“I think we need to consider whether the current approach to the classification of reality programming is appropriate.

“I will be raising this matter with the Attorney-General, Philip Ruddock, as he is responsible for classification matters. I urge State and Territory censorship ministers to support the Australian Government to ensure that reality programming is appropriately regulated.

“I can reassure Australian families that the Howard Government will continue working hard to protect them from exposure to offensive material.

“Sexual impropriety and the exploitation and humiliation of women is not a joke, nor is it something that should be used to sensationalise news coverage or garner ratings.”

***

MEDIA STATEMENT 
Senator Stephen Conroy Deputy Opposition Leader in the Senate Shadow Minister for Communications and Information Technology 
5 July 2006 

Big Brother: ACMA Powers need to be strengthened

The report by the Australian Communications and Media Authority on Big Brother exposes another major hole in the government's regime for regulating internet content.

The effect of ACMA's advice to the Minister was that the vision of the disturbing incident that occurred on Saturday and was streamed on the Internet is not subject to regulation.

This is a finding that will concern millions of Australian parents.

Labor welcomes the Minister's promises to address this deficiency and to review the commercial television code of practice.

The Minister has failed however to ensure that the regulator is armed with appropriate powers to enforce industry codes of practice.

Nearly two years ago the regulator warned the Minister that the remedies available under the Broadcasting Services Act were inadequate.

Senator Coonan's failure to act means that codes of practice are not effectively enforced.

Any changes to the law will be just window dressing unless ACMA is given the power to uphold community standards of decency.

Channel 10 needs to get the message from this episode that the community is not prepared to tolerate programs which denigrate women and expose them to the risk of assault for the purpose of entertainment.

The current format of Big Brother is a ticking time bomb. If Ten continues to put young people in these situations it is only a matter of time before a contestant suffers serious harm.

If Ten won't act to address community concern, then the Parliament should.

***

Big Brother incident prompts review of broadcast laws. ABC Radio National 05.07.06

MARK COLVIN: Australia's media regulation "Big Brother" is powerless to act against Channel Ten's Big Brother reality TV program, because it hasn't breached any broadcasting laws.

The Australian Communications and Media Authority, or ACMA, was asked to investigate the show, after an incident broadcast live over the internet on Saturday morning.

HELEN COONAN: It is not technically broadcasting within the meaning of the Broadcasting Act and Schedule Five of the Act. So what we are doing is we are now going to extend by legislation the content rules to other sorts of services, new and emerging services, over converged platforms such as mobile and the internet.

SABRA LANE: But Opposition spokesman Stephen Conroy claims the Government's known about that loophole for two years and done nothing about it.

STEPHEN CONROY: Nearly two years ago the regulator warned the minister that the remedies available, under the Broadcasting Services Act, were inadequate. That's two years ago.

And Helen Coonan and John Howard have sat back and done nothing, and now it's come to this.

***

Your Say: Big Brother and society. The Age 05.06.06

Given all this discussion is it fair to say that Big Brother plays a critical role in our society? Is it an important (and entertaining) exploration of youth culture or meaningless pseudo-porn that should be scrapped, censored or banned?

***

Deep down, we're watching ourselves. SMH 06.07.06

Unpalatable as it may be, the housemates from Big Brother are inside us all, writes Dominic Knight.

But in the era of broadband, politicians' objections and broadcasting regulations are becoming increasingly irrelevant. The incident was broadcast on the show's live web feed, which the Herald reported on Tuesday was not covered by internet content rules. Some fans who were obsessive enough to be watching at 4am captured a video clip, and sent it around. From there, it went "viral" - meaning it spread everywhere, and sickened everyone.

A link to the file landed in my inbox within hours of the incident (my friends know my highbrow tastes), and it's a cinch to find with Google or the web's leading video site, YouTube.com. What's more, because it's generally been posted to offshore sites, there's not much the Communications Minister or the other members of the Canberra wowser squad can do about it.

***

Welcome to the nanny state. SMH 06.07.06

So is the intention to extend the reach of the Act to bring videos posted on the popular video-sharing site YouTube under control?

There's currently about six versions of the BB clip on YouTube which have been viewed over 70,000 times at the time of writing. And Youtube is but one of scores of video-hosting sites on the internet.

So I can see how the new laws could prevent a site like this from showing a video deemed inappropriate, but how do you stop, prevent, deter everyone else from broadcasting?

When everyone everywhere has the means to record and distribute lewd songs or vulgar videos how can any law plug the hole?

***

Govt faces difficult task in regulating internet broadcasts. ABC World Today 06.07.06

Terry Flew is the Head of Communications at the Queensland University of Technology and he spoke to our reporter Conor Duffy.

TERRY FLEW: Well I think it's going to be a complicated exercise and it reveals the extent to which legislation that was designed for broadcast television is very difficult to apply into a convergent media environment.

CONOR DUFFY: Why is that?

TERRY FLEW: Well partly because the internet is a global medium, partly also because it's much clearer that accessing material on the internet is a matter of personal choice and does not typically have the same impact on community standards as broadcast television has been seen to have, and thirdly it really raises a whole lot of issues about what is the appropriate regulatory relationship between government and media providers.

***

Big Brother stays on - smut and all. The Advertiser. 06.07.06

SA federal Liberal MP Trish Draper, who chairs the Coalition's Classification Issues Group, was "disappointed" Network Ten had not been penalised. She said the issues group would continue to push for television shows, which breached the television code, to be pulled off air 48 hours after a breach.

Family First Senator Steve Fielding, who has requested a meeting with Ms Coonan, accused the Government of "giving the green light to the sex, smut and sleaze that is Big Brother". "All we have is yet another review," he said.

Labor's communications spokesman, Stephen Conroy, said any changes to the law would be "window dressing" unless ACMA was given greater powers.

"The current format of Big Brother is a ticking time bomb," he said.

A Network Ten spokeswoman said the millions of Australians who regularly watched Big Brother "have decided they want the show to stay on air". "We agree with them," she said.

"While few programs will be to everyone's taste, in a free democracy, a program that meets all relevant laws and is popular with vast numbers of viewers should be allowed to be on television."

***

Watchdog to vet internet content. 06.07.06

Mike Van Niekerk, editor-in-chief of the websites for The Age and Sydney Morning Herald, received a letter from the minister on Monday, threatening to alert the authority if the Big Brother video was not removed from the sites. Mr Van Niekerk said the video was being removed due to questions about copyright.

Shadow communications minister Stephen Conroy said the Government needed to give ACMA the power to punish transgressors, otherwise any changes to the law would be "window dressing".

***

Web firms fear being forced offshore. The Age 06.07.06

Australian internet companies could be forced offshore if the federal government introduces tough new rules for live broadcasts over the web, industry and user groups warned on Thursday.

But Sydney University academic Catherine Lumby said such an idea was ridiculous.

She said the Big Brother TV show this year had not breached any broadcasting rules or classification guidelines, suggesting the current regime worked.

"I fail to see why (new rules should apply to reality shows) unless there's a new classification that is to apply to the news as well," she said.

"There's a lot of reality on TV.

"I think Big Brother has taken the lead here. The fact that they have protocols (for contestants on the show) is really good.

"I think they are getting zero credit for that."

***

Senator the Hon Helen Coonan Minister for Communications, Information Technology and the Arts 
Media Release 069/06 
13 July 2006

ACMA’s Broadcasting Powers Strengthened The Australian Communications and Media Authority (ACMA) will be given a range of new enforcement powers to strengthen its capacity to effectively regulate the broadcasting industry, Minister for Communications, Information Technology and the Arts, Senator Helen Coonan announced today.

“It has been clear for some time that ACMA requires a new range of powers to more effectively enforce broadcasting laws,” Senator Coonan said. “That is why the Government released a discussion paper in November 2005 and consulted widely with industry and consumers on how to best equip ACMA to regulate the broadcasting industry.”

“ACMA’s current broadcasting regulatory powers are generally concentrated at the higher end of the scale. Criminal penalties or the cancellation of a broadcasting licence may not be a workable response when incidents are minor or where the offending behaviour is not repeated.

In most cases, the new powers are similar to those that ACMA already uses in its role as the regulator of telecommunications services.

The additional powers will include:

“The Government is introducing these changes to enable ACMA to be more responsive, particularly when it comes to ensuring compliance with broadcasting codes of practice and licensing conditions,” Senator Coonan said.

“The changes, which have been in train for some time, will complement and build on the recently announced review of television codes of practice for reality television by ACMA and the Government’s announcement in June this year that content safeguards would be extended to mobile devices and premium Internet services.

“These changes will give ACMA greater options for appropriately dealing with breaches of the Broadcasting Services Act and the power to negotiate enforceable outcomes that will achieve better long-term compliance.”

***

Streaming evades the regulator. The Australian 13.07.06

The offending moment - just over a minute of grainy black and white video - was only transmitted online in "streaming video" to a small group. And Coonan had another little problem. There were no regulations governing this new technology and she couldn't do anything about that either. Coonan: "Schedule 5 of the Broadcasting Services Act (the Act) regulates online content. ACMA found that while the live internet stream could have been seen by paid subscribers watching at that time, the material had not been stored on the Big Brother website, and accordingly the material was not internet content for the purposes of Schedule 5."

Regulators are confused about whether live streaming is internet content or broadcasting content. As such, live streaming is not covered by the broadcasting or online regulatory provisions of the Broadcasting Services Act. ACMA has been aware for many years of the loopholes. Back in 2001 a report to the then ABA recommended that legislative amendments be introduced to the BSA to classify live media streaming as internet content.

***

At the July 27-28th 2006 meeting in Melbourne of the Attorneys-General, Philip Ruddock proposed further restrictions on reality programs such as BIG BROTHER. 

Ruddock aims to tame Big Brother. SMH 26.07.06

THE nation's attorneys-general will consider banning books that praise terrorism and placing fresh restrictions on reality shows like Big Brother when they meet in Melbourne tomorrow.

Mr Ruddock will also face opposition in his attempts to rein in Big Brother.

What has not been revealed until now is that the Australian Communications and Media Authority thought the footage of "turkey slapping" streamed lived on the internet — one of the contestants placing his genitals near the face of another — was tame enough to show on television.

According to an impeccable source, the authority informally told Communications Minister Helen Coonan in the midst of the clamour for shutting down Big Brother that it rated the footage as no more than MA+ — suitable for viewing by people 15 and over after 9pm.

Nevertheless, Mr Ruddock is asking the ministers to discuss a proposition heavily backed by lobbyists for tighter restrictions on television: that the community tolerates more sex and nudity in film and television drama than in live or reality programs.

Mr Ruddock wrote: "We may, in the light of the review, need to consider whether the code and guidelines currently deal sufficiently with these issues."

Mr Hulls said this could lead to a diet of I Love Lucy re-runs. "A move to extend the national classification code and guidelines to reality television programs could also affect news reporting programs like 60 Minutes that rely on live footage — just how far does the Commonwealth intend to go?" Mr Hulls said.

Mr Debus said: "There is already a sophisticated electronic device for filtering this kind of material. It's called the off switch."

***

www.acma.gov.au
Australian Government
Australian Communications and Media Authority
8 December 2006
MR 152/2006

ACMA invites public submissions as part of review of reality television programming

As part of its investigation into whether the Commercial Television Industry Code of Practice provides appropriate community safeguards with respect to reality television programming, the Australian Communications and Media Authority has published a discussion paper outlining issues on which it seeks public comment.

Submissions are invited from interested parties on the questions presented in the discussion paper. These include:

does reality television programming raise issues of community concern? does the code reflect community standards with respect to reality television? are the existing code mechanisms operating effectively to provide appropriate community safeguards with respect to reality television programming, including with respect to classification distinctions and consumer advice requirements? does the code provide appropriate community safeguards with respect to the broadcast of reality television program excerpts in news and current affairs programs? is the complaints mechanism in the code operating effectively and in a timely manner in relation to reality television? The discussion paper is available on the ACMA website

The closing date for providing submissions is Thursday 1 February 2007. Instructions as to how to make submissions are provided in the discussion paper.

Media contact: Donald Robertson, ACMA Media Manager on (02) 9334 7980.

Backgrounder

Reality television review

Earlier this year, the Minister for Communications Information Technology and the Arts announced her intention to direct ACMA to review the operation of the Commercial Television Industry Code of Practice with respect to reality television programming, sector, following an incident in the Big Brother house earlier this year.

This investigation is being undertaken pursuant to a Direction from the Minister for Communications, Information Technology and the Arts. The Broadcasting Services (Commercial Television Industry Code of Practice) Direction No. 1 of 2006 was issued pursuant to section 171 of the Broadcasting Services Act 1992.

ACMA is required to provide the Minister with its final report and recommendations by 1 April 2007.

In tandem with the formal public consultation process, ACMA is also undertaking quantitative and qualitative research into community concerns with reality television programming, as well as liaising directly with industry stakeholders.

The code specifies that all material for broadcast, other than news, current affairs and sport, should be classified. It sets out the classification criteria, from G to MA, and the time zones for each classification criteria throughout the viewing day. The current code was registered in June 2004, and is due for review again commencing in June 2007.

Big Brother

Big Brother is a reality television program broadcast by Network Ten in which a group of participants share a house for approximately three months. The participants’ behaviour and interactions are captured by cameras 24/7.

The program includes a competitive element whereby viewers weekly vote out participants (known as "housemates") who have been nominated by their fellow participants. The final participant remaining in the house wins a cash prize.

In terms of material broadcast on television, Big Brother consists of a suite of programs broadcast in various classification zones, using different portions of the footage available.

As well as television content, Big Brother comprises other elements including a website through which material is streamed live from the Big Brother house, and content delivered via mobile phones.

The Big Brother series is broadcast "annually" by Network Ten. The 2006 series was its sixth season.

The Minister’s announcement on the review of the code relating to reality television followed advice from ACMA on an alleged incidence of sexual harassment in the Big Brother house, which was streamed live via the Big Brother website on 1 July 2006.

***

Reality Television Review

ACMA has released a discussion paper on Reality Television Review

Submissions should be provided by Thursday 1 February 2007.

Electronic submissions should be emailed to realitytvreview@acma.gov.au. Alternatively, submissions may be mailed to:

Dr Sarah Strasser Special Projects Officer Codes, Content and Education Branch Australian Communications and Media Authority PO Box Q500 Queen Victoria Building NSW 1230

***

Light 'slap' likely for reality TV. The Australian 08.02.07

An ACMA spokesman said a number of parties had been allowed extensions for their submissions and they would be made public "some time next week". The authority is on track to deliver a report to the minister in April.

Major submissions from TV industry lobby group Free TV Australia, the Screen Producers Association of Australia and the Australian Screen Directors Association are expected to argue for, essentially, the status quo. Sources suggest they will defend the Commercial Television Industry Code of Practice and its implementation. Any recommendations are only likely to concern clarification of ACMA's guidelines.

Also, the inquiry's attempt to define reality TV as a sub-genre worthy of particular regulation will be argued against. Some submissions explain live TV is the genre and reality TV should be regulated just as would any other form of broadcast.

one interested party suggested any major upheaval of the regulatory framework for such programming is unlikely.

"The heat's gone out of the issue and it was dealt with pretty well when it happened," they said. "But who knows what will happen in an election year?"

However, one submission seen by Media labels the industry's code of practice as "pathetic". There will be much political polemic in some submissions, with some in the TV industry fearing the recent Celebrity Big Brother row in Britain might have reignited community concerns here.

***

ACMA.gov.au
Submissions to the Reality Television Review 

As at 12 February 2007, 184 submissions have been received in response to the Reality Television Review discussion paper. The submission numbers listed below reflect the order in which submissions were received by ACMA. Contact details have been removed from individuals’ submissions to protect privacy.

The list of submissions can be found here.

***

Moralists slap turkey TV.  New.com.au 16.02.07

The Australian Communications and Media Authority inquiry, established by instruction from Communications Minister Helen Coonan after Big Brother's "turkey slapping" incident was broadcast over the internet last year, received 184 submissions, with more than 100 from individuals, including former contestant Tim Brunero.

Among those arguing for stricter controls on reality TV are the Australian Family Association, Australian Christian Lobby, Festival Of Light, Family First and Christian ethics group Salt Shakers.
More measured critics include the Catholic Women's League and the Dads In Families Foundation.

ACMA's response is likely to be guided by Queensland University of Technology associate professor Alan McKee's submission, which argues that there is "no general community concern about reality television as a genre" and that evidence suggests "a small number of individuals (who) have made moral complaints about Big Brother do not represent the wider community."

***

Industry waits to see if Big Brother is watched over. 16.04.07

The ACMA report is in the minister's office, with Senator Coonan's spokeswoman saying she would respond "shortly". Many in the TV industry suggest the Government must respond before the launch of Network Ten's Big Brother on Sunday April 22, although the spokeswoman said that date was not a consideration. Opposition communications spokesman Stephen Conroy has called on the minister to release her findings as soon as possible, in light of Big Brother's imminent season launch.

Media understands Senator Coonan has been heavily caucused by some members of the Government to take a stand against the contentious TV genre after the internet broadcast of a "turkey slap" between Big Brother contestants last year.

Steve Fielding's Family First party led a number of submissions broadly arguing for stricter controls on reality TV, saying "these programs should not be allowed to broadcast unless they have been fully vetted". He also argued for an easier complaints process for viewers.

Conversely, Queensland University of Technology associate professor Alan McKee's submission argued there was "no general community concern about reality television as a genre" and that evidence suggested "a small number of individuals (who) have made moral complaints about Big Brother do not represent the wider community".

***

Senator the Hon Helen Coonan 
Minister for Communications, Information Technology and the Arts 
Deputy Leader of the Government in the Senate 
Media Release 116/07 
Friday 24 August 2007 

Reality Television Review 

The Minister for Communications, Information Technology and the Arts, Senator Helen Coonan, today directed the Australian Communications and Media Authority's (ACMA) to release its Reality Television Review. 

Last year, concerns were raised about material which was shown on Channel Ten's Big Brother programme. 

Because of these concerns I directed ACMA to investigate whether the Commercial Television Industry Code of Practice (the Code) was providing appropriate community safeguards for reality television on free-to-air TV.

Senator Coonan said although the Code and current regulatory arrangements were found to be broadly effective, a number of matters have been raised in the Report which require action. 

These recommendations ask industry to include in the Code provisions which will guard against the demeaning portrayal of contestants. The research confirmed that many people are concerned about the way in which vulnerable contestants can be exploited in a reality show context for entertainment purposes.

ACMA also recommends that broadcasters accept emailed complaints from viewers and liaise more closely with ACMA in relation to the volume and types of complaints received. ACMA will also be monitoring closely MA classified reality programmes, and those shows that have attracted particular attention, for potential Code breaches. Further, ACMA is proposing to seek voluntary undertakings from broadcasters planning to broadcast a reality television program classified MA. This would enable a streamlined investigations process to occur quickly should community concern arise. Senator Coonan said the ACMA recommendations represent an important step forward in ensuring that the Code deals with the challenges presented by the reality television genre. 

Fortunately the Code is currently under review, so I have written to the Chair of ACMA, Chris Chapman and the CEO of Free TV Australia, Julie Flynn to request that ACMA�fs recommendations in relation to reality TV are considered, Senator Coonan said.  

Reality Television Review 
ACMA Recommendations

Recommendation 

1: That a clause be included in the Code that prohibits the broadcast of material presenting participants in reality television programs in a highly demeaning or exploitative manner. This provision should be supported by an advisory note to the Code that provides guidance to program producers on the interpretation of this provision. Recommendation 

2: That the complaints handling procedures in the Code be enhanced to expedite the process for handling complaints, and increase viewers�f awareness of the process as follows:

licensees accept electronic complaints via their website, and take steps to promote this process; 

a licensee is to report to ACMA within three days of observing any significant spikes in viewer complaints about a Code matter regarding a particular reality television program, to alert ACMA, as the regulator, to emerging issues of concern; and

Free TV Australia Limited (Free TV) to provide ACMA with a monthly report on Code complaints, containing sufficient detail to enable ACMA to analyse complaints trends on an ongoing and timely basis. Recommendation 

3: That the Television Classification Guidelines for MA-classified material set out in Appendix 4 of the Code be amended to clarify the limit of material permitted at the MA classification level, by: 

including specific advice in relation to sexual references at the MA level;

 and including cumulative intensity as an element to be considered in classifying material at the MA level. 

In addition to these recommendations, ACMA proposes to undertake the following actions, which include: 

undertake analysis of the additional complaints data supplied by Free TV in accordance with Recommendation 2, monitor complaints trends for both reality television and other forms of programming and publish information on these trends periodically.

if a commercial television licensee plans to broadcast an MA-classified reality television program, seek voluntary undertakings (similar to those given to ACMA by Network Ten for the 2006 series of Big Brother Adults Only) in relation to that program. ACMA would monitor the broadcast of such a program, including the adoption as part of the undertakings of a streamlined investigations process to enable timely consideration of any issues arising from the program.

***

ACMA.gov.au
Reality Television Review 
Final Report

ACMA has investigated whether the Commercial Television Industry Code of Practice reflects community standards regarding reality television programming in the free-to-air commercial television sector and whether it provides appropriate community safeguards with respect to reality television.

The review was undertaken pursuant to a Direction from the Minister for Communications, Information Technology and the Arts. ACMA provided the Minister with its final report and recommendations by 1 April 2007, as required.

The full text of the report is available below.

In undertaking the review ACMA had regard to data and views gathered through:

quantitative research, including analysis of ratings data and results of a national survey, and qualitative research, including analysis of public submissions, responses from a series of focus groups and industry consultation. For more information see:

Media release: Review of commercial television code for reality programming (7 Nov 2006) Public consultation ACMA released a discussion paper in December 2006.

Discussion paper: Reality Television Review (353kb) Submissions closed 1 February 2007.

View submissions For more information see:

Media release: ACMA invites public submissions as part of review of reality television programming (8 Dec 2006) Final report ACMA has now released its final report.

The report may be downloaded in two parts:

Volume 1: Final Report (101 pages; 520 KB) 
Volume 2: Appendixes (399 pages; 2,558 KB)

Continue...