ABC1 Perth - ACMA Investigation Report 2757/media/Broadcasting...  · Web viewNeither Rihanna nor...

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Investigation Report No. 2757 ACMA file reference ACMA2012/185 Broadcaster Australian Broadcasting Corporation Station ABC1 Perth Type of Service National Broadcasting Service (Television) Name of Program Rage Dates of Broadcast Various between 13 August 2011 and 1 October 2011 Relevant Legislation/Code Broadcasting Services Act 1992 Section 151 ABC Code of Practice 2011 Standard 7.3.1 (Television Classifications – G) Standard 7.6 (Harm and offence – dangerous imitation and threats to health) Standard 8.3 (Children and young people – managing risks of exposure to ABC content) Standard 8.4 (Children and young people – minimise risk of exposure to unsuitable content) Investigation conclusion No breach of Standards 7.3.1 (Television Classifications – G), 7.6 (Harm and offence – dangerous imitation and threats to health), 8.3 (Children and young people – managing risks of exposure to ABC content) and 8.4 (Children and young people – minimise risk of exposure to unsuitable content) of the ABC Code of Practice 2011. ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 1

Transcript of ABC1 Perth - ACMA Investigation Report 2757/media/Broadcasting...  · Web viewNeither Rihanna nor...

Investigation Report No. 2757

ACMA file reference ACMA2012/185

Broadcaster Australian Broadcasting Corporation

Station ABC1 Perth

Type of Service National Broadcasting Service (Television)

Name of Program Rage

Dates of Broadcast Various between 13 August 2011 and 1 October 2011

Relevant Legislation/Code

Broadcasting Services Act 1992 Section 151

ABC Code of Practice 2011 Standard 7.3.1 (Television Classifications – G) Standard 7.6 (Harm and offence – dangerous imitation and

threats to health) Standard 8.3 (Children and young people – managing risks

of exposure to ABC content) Standard 8.4 (Children and young people – minimise risk of

exposure to unsuitable content)

Investigation conclusion No breach of Standards 7.3.1 (Television Classifications – G), 7.6 (Harm and offence –

dangerous imitation and threats to health), 8.3 (Children and young people – managing risks of exposure to ABC content) and 8.4 (Children and young people – minimise risk of exposure to unsuitable content) of the ABC Code of Practice 2011.

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 1

The complaintOn 18 January 2012, the Australian Communications and Media Authority (the ACMA) received a written complaint about five music videos shown during the program Rage, broadcast by the Australian Broadcasting Service (the ABC) from 6.00 am to 10.00 am on 13, 20 and 27 August 2011, 3, 10, 17 and 24 September 2011 and 1 October 2011.

The complainant alleged that the five music videos shown during the G classified program contained harmful and potentially imitable references to alcohol and tobacco.

Not satisfied with the response provided by the ABC, the complainant forwarded the matter to the ACMA for investigation.

The programRage is a music video program broadcast from midnight to 11.00 am on Saturday mornings and midnight to 6.00 am on Sunday mornings.1 The program is broken up into segments and the classification is dependent on the time of broadcast. For example:

From midnight to 5.00 am the program is broadcast with an MA classification;

From 5.00 am to 6.00 am the program is broadcast with a PG classification;

From 6.00 am to 10.00 am the program is broadcast with a G classification;2 and

From 10.00 am to 11.00 am the program is broadcast with a PG classification.3

Between 6.00 am and 11.00 am, the program typically features hits and new releases.4 The ABC has submitted that different versions of music videos exist for broadcast during the relevant classification segment.

The complainant identified the music videos for the following five songs:

You Make Me Feel by Cobra Starship featuring Sabi;

Last Friday Night (T.G.I.F) by Katy Perry;

Champagne Showers by LMFAO featuring Natalia Kills;

Cheers by Rihanna; and

Cigarettes by Illy featuring Hue Blanes.

A short description of each music video is set out at Attachment A.

AssessmentThe assessment is based on a copy of the relevant broadcasts provided to the ACMA by the ABC and submissions from the complainant and the ABC.5

1 The exact broadcast start time varies depending on the duration of the preceding program.2 The program is only broadcast at this time on Saturday.3 Ibid.4 http://www.abc.net.au/rage/ [accessed 23 March 2012]5 The ABC provided confirmation on 15 February 2012 that the submitted copy of the music video was in fact broadcast on each of the occasions referenced in the complaint.

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 2

Relevant provisionsThe ABC Code of Practice 2011 (the Code) contains the following provisions that are relevant to the matters raised by the complainant:

IV. Principles and Standards

[...]

7. Harm and offence

[...]

7.6 Where there is editorial justification for content which may lead to dangerous imitation or exacerbate serious threats to individual or public health, safety or welfare, take appropriate steps to mitigate those risks, particularly by taking care with how content is expressed and presented.

[...]

8. Children and young people

[...]

8.3 Adopt appropriate measures wherever practical to enable children and young people, or those who supervise them, to manage risks associated with the child/young person’s participation with, use of and exposure to ABC content and services designed for them.

8.4 Take particular care to minimise risks of exposure to unsuitable content or inappropriate contact by peers or strangers.

[...]

V. Associated Standard: Television Program Classification

[...]

7.3 Ensure all domestic television programs – with the exception of news, current affairs and sporting events – are classified and scheduled for broadcast in accordance with the ABC’s Associated Standard on Television Program Classification.

[...]

7.3.1 Television Classifications

G – General

(G programs may be shown at any time)

G programs, which include programs designed for pre-school and school-aged children, are suitable for children to watch on their own. Some G programs may be more appropriate for older children.

The G classification does not necessarily indicate that the program is one that children will enjoy. Some G programs contain themes or storylines that are not of interest to children.

Whether or not the program is intended for children, the treatment of themes and other classifiable elements will be careful and discreet.

Themes: The treatment of themes should be discreet, justified by context, and very mild in impact. The presentation of dangerous, imitable behaviour is not permitted except in those circumstances where it is justified by context. Any depiction of such behaviour must not encourage dangerous imitation.

[...]

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 3

Complainant’s submissionsIn correspondence to the ABC, dated 21 October 2011, the complainant provided the following relevant submissions:

[...]

We contend that the amount and nature of the alcohol, tobacco and other drug references in the G-rated segments (screened on weekend mornings) of the ABC music video program Rage directly breach Standard 8 [of the Code], by falling outside the standards for G-rated program classification.

[...]

We are concerned that both the ‘drug use’ theme and the depiction of drug use in the segments of Rage shown during the G-rated timeslots on weekend mornings infringe the Standard [8], and make the program unsuitable for children to watch on their own.

In relation to the five music videos identified in the complaint, the following was submitted:

Champagne Showers – LMFAO feat. Natalia Kills

Champagne Showers was shown on the Saturday Rage program four times between 13 August 2011 and 1 October 2011, i.e. it appeared in half of the Saturday Rage programs from the time period. It contains numerous references to alcohol.

Verbal alcohol references: The lyrics of the song contain 29 verbal references to alcohol, including the words ‘champagne showers’ repeated in the chorus and the following lines:

‘I walk in the club with a bottle or two – Shake it, spray it on a body or two’

‘And it’s about to be a champagne monsoon’

‘Come to my table and take a sip – Open wide ’cause were spraying it’

‘Now I want you to grab your bottles – Put them up in the air – Now shake, shake, shake that bottle and make it pop’

Visual alcohol references: The music video contains 26 strong visual references to alcohol, including images of champagne being opened and boxes of ‘Holy Champagne’ on display. The final section of the video shows band members spraying champagne onto everyone at the party, and using it to fight off fictional villains.

This video is dominated by visual and verbal alcohol references and it strongly promotes consumption of alcohol (champagne). It is of particular concern, as the humorous and fantastical storyline of the video, involving an underground party populated by vampires and zombies, is of special appeal to adolescents and young people. We contend that alcohol use in this music video is clearly not ‘handled with care’ as required by the Standard [7] for the depiction of drug use in G-rated programs, and further, that the treatment of the theme of ‘drug use’ in this video is neither discreet, justified by context, or mild in impact.

Cheers – Rihanna

Cheers was shown during a G-rated timeslot on the Saturday Rage program four times between 13 August 2011 and 1 October 2011, i.e. it appeared in half of the Saturday Rage programs from the time period. It contains strong pro-drinking messages.

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 4

Verbal alcohol references: There are 31 verbal references to alcohol in the lyrics. For example:

‘Cheers to the freakin’ weekend, I drink to that – Oh let the Jamesons sink in, I drink to that’

‘Don’t let the bastards get ya down – Turn it around with another round’

‘There’s a party at the bar – Everybody putcha glasses up – And I drink to that’

‘Got a drink on my mind and my mind on my money’

‘Bout to hop on the bar, put it all on my card tonight’

‘Might be mad in the morning but you know we goin hard tonight’

Visual alcohol references: The music video contains 17 images of alcohol and alcohol consumption, including multiple shots of the singer, Rihanna, consuming alcoholic beverages in various settings, for example, drinking a shot onstage at a concert.

This music video strongly advocates alcohol consumption and drinking alcohol as a means of escaping problems. Images of Rihanna – a popular singer – drinking alcohol glamourise and normalise drinking. The examples outlined demonstrate that the music video does not handle alcohol use with ‘care’, and nor is the treatment of the theme of ‘drug use’ discreet, justified by context, or mild in impact. We contend that showing this video during the G-program timeslot breaches the classification Standard.

You Make Me Feel – Cobra Starship featuring Sabi

You Make Me Feel was played for five consecutive weeks between 3 September and 1 October 2011 during the Saturday morning G-rated segment of Rage. The music video, which is set in a nightclub, contains over 40 visual references to the green liqueur [Brand A], and strong pro-drinking messages.

Visual alcohol references:

Obvious product placement, with clearly visible [Brand A] branding;

A large group of people at a table all drinking [Brand A] cocktails;

[Brand A] cocktails ‘framing’ a photo of the singer, Sabi;

People in the nightclub consuming [Brand A] cocktails and topping up from a [Brand A] bottle;

Images with [Brand A] bottles in both the foreground and the background;

[Brand A] cocktails on a table; and

A close up shot of the [Brand A] bottle.

This video is of particular concern as the storyline of the music video implies that drinking alcohol is associated with positive outcomes, such as fun, partying and finding love. We contend that the positive context associated with drinking, and the excessive visual references to an alcohol beverage and to the consumption of alcohol in this music video contravene the Standards for the depiction of drug use and treatment of the theme of ‘drug use’ in a G-rated program.

Last Friday Night (T.G.I.F) – Katy Perry

Last Friday Night was shown on the Rage Saturday morning program for six consecutive weeks between 13 August and 17 September [2011]. The video strongly advocates excessive alcohol consumption and associates it with a party atmosphere.

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 5

Verbal alcohol references: There are five direct references to alcohol in the lyrics, and multiple references to the effects and consequences of drinking alcohol to excess. For example:

‘We took too many shots’

‘And got kicked out of [the] bar’

‘I smell like a minibar’

Visual alcohol references: There are two direct visual alcohol references, namely a person holding a beer bottle and the singer taking a shot of alcohol. There are over 30 implied alcohol references, where the people in the party setting are holding paper cups, or paper cups are in the background. The unruly behaviour at the party and the song lyrics strongly suggest the beverage in the paper cups is alcoholic.

It can be safely assumed that the humorous lyrics and storyline of this video, which shows the transformation of a stereotypical high school ‘geek’ into an attractive and popular girl in a colourful and dynamic party setting, appeal to children and adolescents. We contend that the excessive implied and direct visual and verbal references to alcohol, and the positive manner in which drinking is presented, contravene the Standard.

Cigarettes – Illy featuring Hugh Blanes

Cigarettes was played four times on Rage during the Saturday morning G-rated timeslot between 13 August and 3 September 2011. The video contains verbal and visual references to tobacco use, and visual references to alcohol consumption.

Verbal tobacco references: There are 7 references to tobacco and tobacco use in the lyrics of the song, including the song titled, ‘Cigarettes’, and the following lines:

‘So light me up, like a cigarette – And just let me burn’

‘He draws out – The cigarette smoke trail spins’

‘So he sparks up a cigarette, takes a deep breath and says...’

Visual tobacco reference: The music video opens with a close-up image of an ashtray and lit cigarette in a dark room.

Visual alcohol reference: There are 6 alcohol images in the video clip, including images of beer bottles on a table and a group of people drinking beer.

This music video does not handle legal drug use (alcohol and tobacco) with the ‘care’ that should be expected of content shown during a G-rated program, and nor is the treatment of ‘drug use’ discreet or mild in impact.

In correspondence to the ACMA, dated 12 January 2012, the complainant stated the following:

[...]

There are a considerable number of drug references in the videos, including, disturbingly, song lyrics that refer to binge drinking and drinking to change mood.

[...]

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 6

Broadcaster’s submissionsIn correspondence to the complainant regarding the program, dated 22 December 2011, the ABC provided the following relevant submissions:

[...] Music video[s], as with other film content, can include references to smoking and drinking and meet the G classification standard.

In relation to the five music videos identified in the complaint, the following was submitted:

Champagne Showers – LMFAO featuring Natalia Kills

The context of this material is that of a video clip with a comic visual component. The narrative is not strengthened by dialogue, or substantial character development. Indeed, the highly stylised narrative is clearly fantastical and not a true depiction of a normal party. In classification terms this stylisation and the comic nature of the clip renders the treatment of the theme of alcohol as ‘careful and discreet’ and ‘very mild in impact’.

The opening of the clip establishes the comic horror movie scenario with sound effects and make-up [...]. We note that while there are references to champagne, no drinking is visible for the first two thirds of the clip. When it is depicted, it is ambiguous and no character is shown having more than a sip. At the end of the clip, a costumed character who appears to be heavenly, offers the characters bottles of ‘Holy Champagne’. The contents are not drunk but instead are shaken and sprayed over the characters in the scene.

Given the above and that the focus of the comedic clip visually and lyrically is on the idea of “champagne showers” – the spraying of champagne – rather than on the consumption of it, we are satisfied that the treatment of themes of alcohol is discreet, justified by context, and very mild in impact. The depiction of drinking is handled with care. As such, this clip is appropriately classified as G.

Cheers – Rihanna

The context of the material in question is a succession of performances by Rihanna on stage followed by her relaxing off stage in a variety of different landscapes. Rihanna and others are depicted drinking infrequently and in some of these instances there is insufficient information to identify that the drink being consumed is alcoholic. At no point in the clip is any character depicted as drinking without moderation. Neither Rihanna nor other characters appear inebriated in any way. The references to drinking are not strengthened by any narrative action, or character development.

While the chorus to the song includes a reference to the alcoholic product, Jamesons, the level of impact of the lyrics is muted by her accent. The chorus of the song with the refrain “I drink to that” is as much a statement of agreement and figure of speech as a call to action and we note that in general neither this phrase nor the salutation “cheers” are used exclusively in relation to alcohol.

Given the above, we are satisfied that the treatment of the theme of drinking alcohol is discreet, justified by context, and mild in impact. We are of the view that the depiction of drinking is handled with appropriate care and that the clip can be accommodated within a G rating.

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 7

You Make Me Feel – Cobra Starship featuring Sabi

Regarding the context, the emphasis throughout this clip is on the action in the photo booth and the activity in the club. This includes some activity around a table where there are green drinks and also some green bottles. In the video broadcast on the ABC, the [Brand A] trade name has been blurred when it was legible and in the frames where the name has not been blurred, it is only legible when the clip is paused.

When reviewing clips, we must consider the fact that the audience will be viewing these in ‘real time’ rather than using the pause facility. As the drinks are green, and given the unidentifiable bottles and the fact that the characters in the clip are not shown at any length drinking from the glasses or behaving in an inebriated fashion, we are of the view that the treatment of the theme in this clip is ‘careful and discreet’ and ‘very mild in impact’. We note further that the theme of drinking is not strengthened lyrically or by character development in the clip. This contributes to the judgement of care and discretion in the treatment of the theme and confirms our position that the clip can be appropriately accommodated at a G rating.

Last Friday Night (T.G.I.F) – Katy Perry

We are satisfied that the theme of alcohol consumption is justified by the context of this clip – a comic exploration of an end of week party featuring a key character of a shy nerdy girl who comes out of her shell. We are also satisfied that the treatment of the theme – given the nature of the content being a video clip that didn’t explore the themes in a serious or sustained way – is sufficiently discreet and mild in impact to be accommodated under a G rating for the following reasons.

The video did not portray any activities that could be accurately described as depictions of dangerous, imitable behaviour, or that encouraged dangerous imitation, given the inclusion of negative consequences, the ambiguities, and the lack of any clear depictions of alcohol consumption. The consumption of alcohol in this clip is handled with care and suggested in very mild verbal and visual references. The drinking is not promoted or encouraged.

[...]

Cigarettes – Illy featuring Hue Blanes

In examining the context of smoking in this video, we note that the initial shot is that of a lit cigarette in a dirty ashtray. The screen splits to different planes and the shot then moves to an adult character. It is suggested that the character is suffering from writer’s block.

[...]

From this point in the video, the costume, colour and lighting changes and the character is presented in a more positive way and he appears happier. These happier sequences include a brief scene in which he and others are saluting one another with small brown bottles. There is no depiction of the characters drinking in excess or bring inebriated.

We conclude that the impact of the visual depiction of [the] cigarette [...] is rendered mild in impact given the metaphorical reference to smoking. Taken with the poetic nature of the lyrics, we are of the view that the reference to smoking is appropriately discreet and careful enough to be accommodated under a G rating.

[...]

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 8

In correspondence to the ACMA, dated 10 February 2012, the broadcaster stated the following:

[...]

In relation to section 8.3, it is important to note that Rage is not ‘designed for’ children or young people aged less than 15 years. It is a program designed to appeal to a broad audience with an interest in music and popular culture. This is demonstrated by the fact that the program typically commences late on Friday evening and is broadcast throughout the night, concluding mid-morning on Saturdays. While a small portion of the program is scheduled during periods when children or young people under the age of 15 may be more likely to be watching, the program is not designed for them. Programs designed for children are broadcast on ABC3 and ABC2 during this time.

In relation to 8.4, to the extent that videos considered for inclusion in Rage may contain content that is unsuitable for children, this risk is already managed effectively through the established process for classification and scheduling of particular videos. At the G classification level, our view is that this element of 8.4 does not impose an additional obligation on ABC staff. The second element of 8.4 (inappropriate contact) is not relevant to [the] complaint.

The requirements of clauses 7.6 and the relevant requirements of 7.3.1 substantially overlap. For the reasons set out in our original response to [the complainant], we are confident that these requirements were satisfied in the broadcast of these clips.

[...]

FindingThe ACMA finds that the ABC, in broadcasting during the program Rage the music videos for:

Champagne Showers by LMFAO featuring Natalia Kills four times between 13 August 2011 and 1 October 2011 between 6.00 am and 10.00 am;

Cheers by Rihanna four times between 13 August 2011 and 1 October 2011 between 6.00 am and 10.00 am;

You Make Me Feel by Cobra Starship featuring Sabi on 3, 10, 17 and 24 September 2011 and 1 October 2011 between 6.00 am and 10.00 am;

Last Friday Night (T.G.I.F) by Katy Perry on 13, 20 and 27 August 2011 and 3, 10 and 17 September 2011 between 6.00 am and 10.00 am; and

Cigarettes by Illy featuring Hue Blanes on 13, 20 and 27 August 2011 and 3 October 2011 between 6.00 am and 10.00 am,

did not breach Standards 7.3.1 (Television Classifications – G), 7.6 (Harm and offence – dangerous imitation and threats to health), 8.3 (Children and young people – managing risks of exposure to ABC content) and 8.4 (Children and young people – minimise risk of exposure to unsuitable content) of the Code.

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 9

ReasonsIssue 1 – Classification of broadcast content

According to the Code, the treatment of themes should be discreet, justified by context, and very mild in impact. The presentation of dangerous, imitable behaviour is not permitted except in those circumstances where it is justified by context. Any depiction of such behaviour must not encourage dangerous imitation.

As the complainant’s concerns relate to alcohol and tobacco use being depicted in a positive light and as a rewarding lifestyle choice, it is appropriate in this instance to assess the alcohol and tobacco use in the music videos as a ‘theme’ rather than as ‘drug use’ under Standard 7.3.1 of the Code. It is also noted that the Code requirements for themes are more restrictive than for legal drug use6 (meaning that if content can be accommodated under the provision relating to themes, it is very likely to also be accommodated under the drug use provision).

Each music video is considered below:

Champagne Showers – LMFAO featuring Natalia Kills

The complainant has cited visual and verbal references to alcohol in this music video. The most notable visual references are:

A shot where one of the lead singers holds an unopened bottle of champagne and cuts his finger on the metal wire covering the cork;

A shot where a cocktail glass, which appears to contain champagne, is passed around by a number of guests. No one drinks from the glass;

A shot where one of the lead singers takes a sip out of a clear plastic glass containing an unidentified liquid with the appearance of cola; and

A scene where the lead singers use the spray from bottles of ‘Holy Champagne’ to fend off vampires.

The most notable verbal references to alcohol are the following lyrics:

‘Champagne showers, champagne showers, pop it in the club, we light it up 80 hour’;

‘I walk in the club with a bottle or two, shake it, spray it on a body or two’;

‘And it’s about to be a champagne monsoon’;

‘Come to my table and take a sip, open wide ’cause we’re spraying it’; and

‘Party people, now I want you to grab your bottles, put them up in the air, now shake, shake, shake that bottle and make it pop’.

The focus of the lyrics is on champagne ‘showers’ (champagne being shaken and sprayed), rather than the consumption of champagne. This theme is reiterated in the accompanying video, where champagne is never consumed, but primarily shaken and sprayed (in the fashion of car racing winners standing on a podium) to fend off approaching vampires.

6 According to the Code, the depiction of legal drugs should be handled with care.

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 10

There is only one scene in the video where someone is depicted consuming a drink (being the cola-like substance), and no one is depicted as intoxicated. The focus of the camera is on the dance moves of the singers and patrons of the club, rather than on people holding or consuming drinks. It is noted that the lead singers are known for a type of dance move called ‘shuffling’ and they spend a substantial period of their time in the club ‘shuffling’.

The light-hearted supernatural setting lessens the overall impact of the content, as it is contributes to the unrealistic and comical tone.

For these reasons, it is considered that the visual and verbal references to alcohol are discreet and very mild in impact.

The references are considered justified within the context of a music video for the song Champagne Showers set in an underground club.

Cheers – Rihanna

The complainant has cited visual and verbal references to alcohol in this music video. The most notable visual references are:

A shot of the singer drinking an unidentified liquid from a small shot glass while performing on stage (lasting approximately three seconds); and

A shot of the singer and friends holding clear plastic cups containing an unidentified red liquid while singing karaoke.

While it is noted there are also other shots of the singer in bar and restaurant settings with a glass of clear liquid, there is insufficient information in these shots to suggest that she is drinking alcohol rather than water or another liquid.

The video also contains verbal references to alcohol, the most notable being the following lyrics:

‘Cheers to the freaking weekend, I drink to that, yeah yeah, oh let the Jameson sink in, I drink to that’;

‘Turn it around with another round, there’s a party at the bar everybody put your glasses up and I drink to that’;

‘Got a drink on my mind and my mind on my money’; and

‘’Bout to hop on the bar, put it all on my card tonight, yeah, might be mad in the morning but you know we goin’ hard tonight’.

In relation to the visual references, it is noted that these shots are brief in duration and interspersed with innocuous shots of the singer both on and off stage. This includes shots of the singer: cutting up coconuts and eating the flesh; having a swim in a pool; hugging a small male child; and performing in various colourful outfits during her concerts.

In relation to the verbal references, it is noted that apart from the muted reference to ‘Jameson’, the other references to alcohol are implied rather than explicit. It is further noted that the reference to an alcoholic brand will not be understood by many young viewers. The reference is also not clearly audible due to the singer’s strong accent in the video.

The mix of visual shots accompanying the lyrics – including depictions of children and candid holiday moments – are considered to mitigate the impact of the lyrics, by creating an impression that the lyrics

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 11

are not specifically about drinking alcohol, but about relaxing and celebrating the weekend and holiday periods with friends and family.

As the verbal references are presented as lyrics in the context of a music video, they are considered to be more discreet than if they were to appear in another context, as the focus is on the music which the video has been made to accompany. The brevity of the music video medium is also noted in this regard.

For these reasons it is considered that the references to alcohol are discreet, with an impact no greater than very mild.

The references are considered justified within the context of a music video for the song Cheers consisting of a mix of concert and off-stage footage.

You Make Me Feel by Cobra Starship featuring Sabi

The complainant has cited visual references to alcohol in this music video. The most notable visual references are:

Shots where adults are shown standing and sitting in a night club holding glasses containing an unidentified green liquid; and

Shots where adults are shown sitting around a table which is covered with glasses and two bottles containing an unidentified green liquid.

The complainant specifically noted clearly visible [Brand A] branding in their complaint. It is noted that the branding on the bottles has been pixelated in the version aired by the ABC during the specified broadcasts and at no point in the video can alcohol branding be discerned. The complainant has also referred to [Brand A] cocktails in their complaint. While the video features tall hi-ball glasses containing a green liquid, no other cocktail glasses or drinks are depicted.

Although these shots appear several times in the video, they are brief in duration and interspersed with innocuous shots of adults taking light-hearted, comical photographs in a photo booth, which mitigates their impact. The green liquid is never explicitly identified and there are no lyrical references to alcohol or drinking. Further, no individuals are depicted consuming the green liquid at any stage, nor are individuals depicted as intoxicated.

For these reasons, the implied visual references to alcohol in the video are considered to be discreet and no greater than very mild in impact.

The references are considered justified within the context of a music video for the song You Make Me Feel which is set in a night club.

Last Friday Night (T.G.I.F) – Katy Perry

The complainant has cited visual and verbal references to alcohol in this music video. The most notable visual references are:

Shots where coloured plastic cups are shown in the hands of guests at a house party, and scattered across tabletops and on the floor; and

A shot of a male standing in front of a crowd on the back lawn of a house holding an unlabelled brown glass bottle in each hand.

ACMA Investigation Report – Rage broadcast by ABC1 on various dates between 13 August 2011 and 1 October 2011 12

The complainant also specifically cited a shot where the lead singer consumes a drink out of a small shot glass. This shot was edited out of the version aired by the ABC during the specified broadcasts of the program and therefore has not been considered.

The most notable verbal references to alcohol in the video are the following lyrics:

‘I smell like a minibar’;

‘And got kicked out of the bar’; and

‘We took too many shots’.

In relation to the visual references, it is noted that the contents of the coloured plastic cups is never explicitly identified, and the brown glass bottles are also unlabelled. The camera does not focus on people holding or consuming drinks; this activity mostly occurs in the background and is incidental to the action on the screen. The visual references are consistent with the setting of the music video – a party frequented by young adults. The humorous tone of the music video also mitigates the impact of the content. These factors contribute to the visual references being considered discreet, with an impact no greater than very mild.

In relation to the verbal references, although the term ‘shots’ is commonly associated with alcohol, no further detail is given, such as the type of alcohol involved. The other lyrics do not explicitly reference alcohol or the consumption of alcohol. The references to ‘the bar’ and ‘a minibar’ are not visually linked to shots of a bar setting or refrigerator.

Verbal references within the context of music videos tend to be more discreet than other verbal references (such as dialogue or commentary in other television content), as the focus of the video is on the music (including the melody and rhythm). The theme of drinking alcohol is not heightened by significant plot development on screen; the music video medium is generally too brief for this to occur. In this case, the light-hearted, comical and sometimes fanciful visuals accompanying the lyrics in the video are considered to lower the overall impact of the verbal references. It is therefore considered that the verbal references to alcohol are discreet, and very mild in impact.

The references are considered justified within the context of a music video for the song Last Friday Night (T.G.I.F) set at a young adult party.

Cigarettes – Illy

The complainant cited visual and verbal references to cigarettes in this music video.

The video contains one visual reference to cigarettes – the opening shot is of a cigarette in a glass ashtray, balanced on the arm of a lounge chair. There is also a cigarette packet positioned next to the ashtray however it has been heavily pixelated, making it difficult to detect. The lounge room is messy and dimly lit, apparently to represent the melancholy mood of the main character, who appears in the next scene. The ashtray is visible for approximately 17 seconds; for part of this time, the cigarette is fully or partially obscured by other shots of the room which have been layered in a collage-like fashion on top of the original shot.

The dark and colourless styling of the scene is not considered to glamorise cigarettes or smoking in any way. No one is present in the scene, which lowers the impact of the cigarette, and renders the single visual reference discreet.

The video also contains verbal references to cigarettes, the most notable being the following lyrics:

‘He draws out, the cigarette smoke trail spins, thoughts crowd the room, ‘til it’s only him’;

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‘Head held high slow danced through his hell, still a point there he gotta prove to himself, and the beat drops, same songs on next, so he sparks up a cigarette, takes a deep breath and says [...]’; and

‘So light me up, like a cigarette, and just let me burn, catch fire, and burn, catch fire and burn. Light a spark and ignite it in the dark, so when I’m no more, they’ll know I was here before, so let me just burn’.

It appears that cigarettes are being used in the lyrics as a metaphor to represent the struggles of the main character, a male hip hop artist, and his desire to succeed and create music he will be remembered for. This theme is reiterated in the accompanying visuals, where the character is depicted as suffering from writer’s block before he goes on to successfully record a song in a studio. The verbal references are metaphorical and do not encourage or glamorise smoking, nor do they describe smoking in any detail. For these reasons, the references are considered to be discreet, with a very mild impact.

It is noted that the complainant also cited a visual reference to alcohol in the video – a single scene where the artist and his friends gather in a home setting and salute his success with bottled beers. The scene is approximately 18 seconds in duration, which is considered to be brief in the context of a 3:41 minute video. The focus of the scene is on the positive reactions of the friends to the new song, rather than on the consumption of alcohol. The dimly lit room, flashing red lighting and rapidly changing shots lower the impact of the scene. These factors render the visual reference to alcohol discreet, and very mild in impact.

The references to cigarettes and alcohol are considered justified within the context of a music video for the song Cigarettes which tells the narrative of a hip hop artist successfully writing a new song.

Issue 2 – Children and young people

Standard 8.3 of the Code states that the ABC will adopt appropriate measures to enable children and young people, or those who supervise theme, to manage risks associated with the child/young person’s participation with, use of and exposure to ABC content and services designed for them.

The ABC has submitted that Rage is designed for a broad audience with an interest in music and popular culture. The ACMA accepts that although children and young people may watch the program Rage, it is not designed specifically for them.

Standard 8.4 of the Code requires the ABC to take particular care to minimise risks of exposure to unsuitable content or inappropriate contact by peers or strangers.

The broadcast of the program Rage is not considered to have encouraged any form of interaction that could expose audience members to inappropriate contact by peers or strangers.

It is noted that the ABC provided appropriate classification labels and that the program was appropriate scheduled. In this case, the ACMA considers that the ABC was not required under the Code to adopt additional measures to meet these standards.

Issue 3 – Harm and offence

Standard 7.6 of the Code states that where there is editorial justification for content which may lead to dangerous imitation or exacerbate serious threats to individual or public health, safety or welfare, the ABC will take appropriate steps to mitigate those risks, particularly by taking care with how content is expressed or presented.

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While the music videos contain references to alcohol and cigarettes, the references are not considered to constitute content which may lead to dangerous imitation or exacerbate serious threats to individual safety or welfare. It is also noted that the references are presented discreetly with an impact no greater than very mild.

The ABC has also taken steps to mitigate the impact of the content by making edits to the music videos. The ABC has submitted that an edited version of the music video for Cigarettes was shown during the specified broadcasts of Rage. The edited version did not include a depiction of a male character smoking a cigarette. It is also noted that lyrics have been censored in the music videos for Champagne Showers and Last Friday Night (T.G.I.F) and visual depictions of labels on glass bottles have been pixelated in the music video for You Make Me Feel.

It is therefore considered that the ABC has not breached Standard 7.6 of the Code.

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Attachment ADescriptions of the music videosChampagne Showers by LMFAO featuring Natalia Kills

The opening sequence of the music video establishes that the lead singers (Redfoo and Sky Blu) have become lost while driving and have ended up in ‘Transylvania’. While they are standing outside their car arguing about their next destination, a stranger approaches and invites them to a party.

The subsequent scene shows the singers entering the party, held in an underground club with humans and vampires in attendance. The camera repeatedly moves between shots of the singers dancing with a crowd on the dance floor, and shots of Natalia Killis sitting nearby on a red couch flanked by two female vampires dressed in black corsets.

In a subsequent scene, Redfoo stands behind Natalia Killis and sings into her ear. She pushes him onto a couch, where he passes a glass of what appears to be champagne to one of the female vampires. The camera moves to Sky Blu, who is standing next to the couch taking a sip from a plastic cup filled with a cola-like liquid.

The singers move to the dance floor and continue to dance, before they notice a group of female vampires approaching them from behind. They run towards the exit door where they are greeted by a religious figure dressed in a long white robe. He points towards the ground on his right where there are a number of crates labelled ‘Holy Champagne’. The singers each take a bottle of champagne, shaking it and using the spray to successfully fend off the approaching vampires. They proceed to dance with the crowd for the remainder of the video.

Cheers by Rihanna

The music video consists of footage of the singer performing on stage in concert, interspersed with candid (unscripted) footage of the singer relaxing in a variety of holiday settings. The footage in the video includes shots depicting:

A crowd chanting ‘Rihanna’ at a concert;

The singer shopping in a clothing store;

The singer performing on stage wearing shorts and a sequined top. In one shot the singer consumes a drink from a small shot glass;

The singer riding a bike at night;

The singer drinking water from a bottle backstage during a concert;

The singer boarding a plane at night;

The singer doing a lap in a swimming pool;

The singer sitting with a friend at a bar in the daytime. On the bar there is a glass containing an unidentified clear liquid and a slice of lime;

A woman at a concert wearing sunglasses and dancing;

The singer in a swimming pool with a small male child in her arms;

The singer at a karaoke venue with a microphone in one hand and a plastic glass containing an unidentified red liquid in the other hand;

The singer sitting in a boat with several other individuals;

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The singer cutting a coconut and eating the flesh;

The singer in a bus wearing a costume for the Barbados carnival parade;

A group of people standing in waist-deep water at the beach at sunset;

The singer sitting on a chair in a restaurant while hugging a small male child; and

The singer onstage with musician Jay Z.

You Make Me Feel by Cobra Starship featuring Sabi

The music video is set in a night club. The opening shots establish that the club has a ‘magic’ photo booth which prints photos of individuals bearing a single word summing up their mood (for example, ‘cheeky’, ‘strong’ or ‘loud’). The lead singer has his photo taken in the booth and his photo is printed bearing the word ‘incomplete’. He finds a photograph of Sabi, which also bears the word ‘incomplete’, and proceeds to search for her in the club.

The subsequent scenes consist of numerous brief shots of the lead singer and Sabi in different parts of the club. For example, the singer is shown sitting with a group of people at a table with a number of glasses and bottles on it, and walking around the club. Sabi is shown dancing on the dance floor, dancing in the photo booth and sitting on a couch with a group of people.

The shots are interspersed with shots of individuals taking silly or comical photos in the photo booth, and shots of other people in the club dancing on the dance floor, sitting on couches, eating burgers and entering and leaving the bathrooms.

The final scene shows the singer and Sabi sitting and dancing together in the photo booth.

Last Friday Night (T.G.I.F) by Katy Perry

In the opening sequence of the music video, the singer awakes the morning after a house party to discover her house in a mess and people sleeping in her bedroom. She then has a series of flashbacks to the events of the night before.

At the beginning of the flashback, the singer is depicted sitting in her bedroom completing a Sudoku puzzle. She is wearing a blue denim jumpsuit and has glasses and orthodontic headgear. She appears bothered by the noise coming from the house next door. When she walks over to the house and knocks on the front door, she is greeted by singer Rebecca Black and invited inside.

A male character wearing a striped shirt, suspenders and glasses notices the singer, and fantasises briefly about the two of them standing in a castle dressed in medieval clothing staring into each other’s eyes. The singer is taken upstairs by Rebecca Black and undergoes a makeover, including makeup and a new outfit. When she walks back downstairs, an attractive male in a college jacket notices her new look and spits out his drink in surprise.

In the following scenes, the singer and a group of individuals compete in a game of Just Dance on a games console. The singer dances on a low table, and leads the crowd in singing the chant ‘T G I F’. The scene moves outside to the lawn where the singer and crowd continue to dance while a musician plays the saxophone and a band performs.

In the final scene, the singer runs inside and dances with a group of individuals in her bedroom. The two male characters get into a dispute and the character wearing glasses punches the character in the college jacket. The singer collapses on the bed and falls to sleep.

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Cigarettes by Illy featuring Hue Blanes

The music video opens on a shot of a cigarette in a glass ashtray, balanced on the arm of a lounge chair, in a messy and dimly lit lounge room. Other shots of the room are slowly layered in a collage-like fashion on top of the original shot of the ashtray.

In the subsequent scene, a male character is shown sitting on a couch with headphones on and a notepad and pencil. Through the use of time-lapse, it becomes apparent that he is suffering from writer’s block. The character is shown in various parts of his home, including in a study with a laptop, in his lounge room and in his backyard, where he uses a small fire made in a half tin barrel to burn his notes.

The subsequent scene shows the character in a recording studio successfully recording a song. He walks around his home practising the lines of the song. He invites a group of friends around and they sit on a couch talking and laughing. They raise beer bottles in salute to the character. The final scenes show the character walking onto a stage and preparing for a performance.

During several scenes in the video, the screen is split into two halves, and the right hand side of the screen shows the singer sitting or standing while singing the lyrics.

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