Underbelly
Dir Tony Tilse / 2008 / Australia
This Channel Nine series, based on the 1995–2004 gangland war in Melbourne premiered in February 2008. It was attacked by the Festival of Light who considered it to be incorrectly classified with an M-rating. Their complaints saw the ACMA launch an investigation in April 2008.
***
Series One Rated MA15+ by Classification Board
In February 2008, the DVD was rated MA15+ (Strong violence, Strong sex scenes, Strong drug use) by the Classification Board.
UNDERBELLY - THE BLACK PRINCE/ THE SORCERERS
APPRENTICE/ I STILL PRAY/ COCKSURE/ THE GOOD, THE BAD, THE UGLY/ LUV U 4 EVA/
WISE MONKEYS/ EARNING A CRUST/ SUFFER THE CHILDREN/ SCRATCHED/ THE GUILTY GET NO
SLEEP/ BEST LAID PLANS/ PURANA
Film (VHS for DVD) Classification MA 15+ (Not suitable for people under 15.
Under 15s must be accompanied by a parent or adult guardian)
Consumer Advice Strong violence, Strong sex scenes, Strong drug use
Category Film - Sale/Hire Version
ORIGINAL Duration variable
Date of Classification 15 February 2008
Author TONY TILSE, PETER ANDRIKIDIS, GEOFF BENNETT
Publisher GREG HADDRICK, BRENDA PAM
Production Company SCREENTIME/ NINE NETWORK AUSTRALIA
Country of Origin AUSTRALIA
Applicant ROADSHOW ENTERTAINMENT
File Number T08/563
Classification Number 4053057D
When released the DVD was titled UNDERBELLY [UNCUT], and promised "scenes that couldn't screen on TV".
***
Bruce Billson MP on UNDERBELLY
ADJOURNMENT: Free-to-Air Television
Date 18 March, 2008
Database House Hansard
Speaker Billson, Bruce, MP (Dunkley, LP, Opposition)
Interjector SPEAKER, The
Page 63
Proof Yes
Source House
Type Speech
Context Adjournment
Main Committee No
ADJOURNMENT Free-to-Air Television
Speech Mr BILLSON (Dunkley) (8.58 p.m.)—I rise to convey some concerns that my friends and parliamentary colleagues the member for Cowan, Luke Simpkins, and South Australian Senator Cory Bernardi have raised with me. In essence, their concerns relate to representations they have received about the proper classification of some of the content on our free-to-air television networks. Ramsay’s Kitchen Nightmares is one example, where very strident and frequent coarse language has raised concerns. Also, the Channel 9 series Underbelly has received some attention about of its content. I think what is fairly categorised as adult drama may often not be properly reflected in the classification and therefore the timing of that show going to air on television. Interestingly, Channel 9 has properly recognised that in some episodes there is frequent very coarse language. That is an advice that is provided to the viewer, but that insight is not reflected in the actual classification given to the show. If we are to continue to have a self-regulatory system, we need confidence in the way these judgements are made. I encourage the networks involved to carefully look at the issues that have been raised with them and to respond appropriately.
Interjection The SPEAKER—Order! It being 9.00 pm, the debate is interrupted.
******
Complaints from religious nuts
Censors consider hit on TV Underbelly crime program. news.com.au 16.04.08
Christian group Festival of Light Australia says the screening of Underbelly, which traces the 1995-2004 gangland war between some of Melbourne's most notorious criminals, has breached industry code of practice classification guidelines on five separate occasions.
The group wants the show reclassified, saying there have been numerous occasions when scenes involving strong coarse language, drug use and nudity have been aired at an inappropriate time.
"I'm concerned that Channel Nine is really pushing the envelope, pushing the boundaries of what's acceptable at what time on TV," Festival of Light national research officer Roslyn Phillips said.
"It seems to me as if they wanted the 8.30pm time because a lot more people are watching then ... but, of course, those numbers are swelled by young teenage children."
She said parents were lulled into a false sense of security because of Underbelly's M rating, and she wanted it reclassified.
"It's quite clear if you read the guidelines that the sorts of things included in some of the scenes should be MA or AV.
"And if there are any scenes that are AV, and quite a few of the episodes do contain AV scenes, then ... it should be shown after 9.30pm."
"It's not only a case of the horse has bolted, but really nothing happens," Ms Phillips said.
"It means the guidelines don't mean anything anymore ... we've got to have a much better complaints system."
Christian lobby scratches Underbelly. The Australian
"This isn't an imaginary scenario - we're detailing a history that is already recorded and acknowledged and known," said Richard Lyle, chief classification officer for Nine. "If you are trying to give people some understanding of how out of control the gangland murders have become, you have to give people as clear a picture as you can."
Roslyn Phillips, Festival of Light's national research officer, said Underbelly should be re-classified as AV and screened after 9.30pm.
"This program is likely to reinforce the normalisation of violence and of the frequent use of coarse and very coarse language - it is affecting the whole community," Ms Phillips said.
ACMA has asked Nine to provide tapes of the contentious episodes and explain why the network believes it has not breached the Commercial Television Industry Code of Practice.
Ms Phillips described a sex scene between lawyer Zarah Garde-Wilson and her boyfriend, Lewis Caine - later murdered - as "gratuitously prolonged" and "entirely unnecessary".
But Mr Lyle said the scene showed why Ms Garde-Wilson - "an educated, middle-class, intelligent woman" - would have become involved with a criminal such as Caine.
Nine causes 9 an Underbelly ache news.com.au 17.04.08
CHANNEL 9 has received just nine official complaints from the 1.25 million viewers who tuned each week into its gangland war series Underbelly. But the network will still be investigated by the Australian Communications and Media Authority after a religious group alleged the show breached its 8.30pm M classification.
Under the rules, viewers must first lodge a complaint with the networks, and if they are dissatisfied with the response in 30 days they can take it to ACMA, which is then obliged to act.
Nine's chief censorship officer Richard Lyle said the network would mount a strong defence and maintained the show fit within the strict ACMA guidelines.
"The sex scenes and language must be appropriate, but the fact is Underbelly is not fiction and it honestly portrays how they behaved and were able to get away with what they did," he said.
***
ACMA report: Three episodes breach M rating, four do not
In October 2008 the Australian Communications and Media Authority handed down their reports into UNDERBELLY. It found that three episodes breached the M-rating for sexual activity and coarse language. These were:
S1 Ep3: I Still Pray Breach - Depiction of sexual activity exceeded M classification. Investigation Report # 2018
S1 Ep7 Wise Monkeys Breach - Coarse language and depiction of sexual activity exceeded M classification. Investigation Report # 2023
S1 Ep8 Earning A Crust Breach - Depiction of sexual activity exceeded M classification. Investigation Report # 2040
Another four episodes were found to have been correctly classified with M-ratings.
S1 Ep1 The Black Prince / S1 Ep2 The Sorcerers Apprentice No breach - Material complied with M classification. Investigation Report # 2017
S1 Ep5 The Good, The Bad, The Ugly No breach - Material complied with M classification. Investigation Report # 2019
S1 Ep6 Luv U 4 Eva No breach - Material complied with M classification. Investigation Report # 2020
Australian Government
Australian Communications and Media Authority
ACMA media release 122/2008
14 October 2008
Ramsay’s Kitchen Nightmares and Underbelly programs were incorrectly classified M
The Australian Communications and Media Authority will require the Nine Network and affiliate licensees to ensure programs are correctly classified after finding that three Ramsay’s Kitchen Nightmares programs and three Underbelly programs were incorrectly classified M (Mature), rather than the more restrictive MA (Mature Audience) classification.
‘ACMA is particularly concerned about the number of programs that were incorrectly classified, and is discussing serious remedial action with the Nine Network, which provided and classified the programs, and with the WIN Television licensees, which broadcast the programs,’ said Chris Chapman, ACMA Chairman.
After investigating unresolved complaints about broadcasts by NWS Adelaide, VTV Regional Victoria and STW Perth, ACMA found that the licensees of all three services (Channel Nine South Australia, WIN Television Victoria and Swan Television and Radio Broadcasters), breached the Commercial Television Industry Code of Practice (the code), due to coarse language or depictions of sex contained in the programs. All three licensees are part of the WIN Corporation and are affiliates of the Nine Network.
ACMA found that three Ramsay’s Kitchen Nightmares programs contained multiple instances of coarse language and that in each case such usage constituted frequent coarse language, which was not particularly important to the programs’ story lines. It also found that the Ramsay’s Kitchen Nightmares – Secret Garden program contained both very coarse language and very aggressive coarse language.
The three Underbelly programs contained depictions of implied or simulated sexual behaviour that were not restrained, because of their duration and the amount of detail they contained. One Underbelly program also contained very aggressive coarse language.
ACMA therefore concluded that all the programs should have been broadcast in the later MA time zone.
ACMA’s options for responding to the breaches of the code include imposing additional conditions on the licences that would require programs to be correctly classified.
‘ACMA recognises the circumstance faced by network affiliates who receive programming under program supply agreements, and it will take this circumstance into account when deciding what action it will take in relation to the WIN Corporation licensees (Nine Network affiliates) who have breached the code,’ said Mr Chapman.
Mr Chapman said the code specified limits on the types of material that could be contained in M-classified programs. ‘The code allows coarse language in M-classified programs but does not allow very aggressive coarse language or very coarse language. Frequent coarse language is allowed only when it is ‘particularly important to the story line or program context’. Equally, depictions of implied or simulated intimate sexual behaviour must be restrained in M-classified programs.’
The Authority indicated in its three investigation reports into Ramsay’s Kitchen Nightmares that there were several propositions in the Nine Network’s submission to ACMA that were simply unsustainable in terms of ACMA’s role in upholding community standards — especially the proposition that if a small percentage of coarse language is used in a program, relative to a program’s total spoken language, it is therefore ‘infrequent’ for the purposes of the code.
For example, in the case of Ramsay’s Kitchen Nightmares – Rococo, the Nine Network noted that there were 7,603 spoken words, leading to the observation that the use of 73 instances of coarse language accounted for less than one per cent of all language in the program.
Investigation reports 2018, 2021, 2022, 2023, 2039 and 2040 – dealing with these six separate breach matters – are available on the ACMA website.
