Review of TV Codes of Practice

A review of the 'Code of Practice' for commercial TV is being conducted. That means the rules about what can be shown on TV, guidelines about the rating of programs and so on.

The relevant body, Free TV Australia, is conducting the review of the Commercial Television Industry Code of Practice (the Code). Free TV Australia formulates the Code of Practice - which has to then be approved and registered by the Australian Communications and Media Authority (ACMA).

Free TV has a page about the Review - click here. It includes a media release, the Code and proposed amendments.

Submissions are needed!
The Code now is now open for review and Free TV Australia is receiving submissions.
Submissions close on 25 September.
See the Action section below for information on making your submission!
[The Codes of Practice and the complaints process are explained in detail on our website - click here.]
Read this excellent Action Sheet prepared by Family Voice Australia for more information.
Family Voice Action Sheet.

The Draft Code of Practice

Instead of asking people what they would like to see in the Code, Free TV has made some proposed amendments and are asking for comment.

The Review is considering matters such as "time zones and non program matter on digital multi channels, treatment of participants in reality television programs, classification criteria, non program matter, program promotions, news and current affairs programs, and complaints handling."

The proposed amendments
The draft Code of Practice with the proposed amendments included - click here.

ONE good aspect of the Review is the proposal to make tougher regulations regarding reality TV shows - saying that TV stations must not "present participants in reality television programs in a highly demeaning or highly exploitative manner."

However some items are quite concerning. In particular:

1. G-rating time removed from digital multi-channels
TV stations want to remove 'G-rated' time zones on their new digital multi-channels. (See Page 63-64, Multi Channel Appendix in link above.)

Currently regular commercial stations must show material suitable for children [classified G (general), C (children) or P (pre-school) ] from 6.00am - 8.30am and 4.00pm - 7.00pm on weekdays and from 6.00am - 10.00am on weekends.

If this proposal is adopted there would in effect be NO 'G rated' time slots on digital multi-channels - it would all be PG!

2. Removal of the word 'discreetly' regarding depictions of sex in MA category
The proposed new Code would remove the word 'discreetly' from the MA rating regarding 'sex'.
Ros Phillips of FamilyVoice Australia says: 

"Yet it was the word "discreetly" which was decisive in the ruling of the Australian Communications and Media Authority (ACMA) last year - that a very explicit scene in Episode 10 of the first sleazy Californication series was not suitable for television. The stations want to delete "discreet" and allow any sex scenes, no matter how indiscreet, if they are "relevant to the storyline". But script writers can write a storyline to justify anything!" (See their VoxAlert attached)

We think the guidelines are already too lax and permissive. However the situation will get a lot worse if the word 'discreetly' is removed!

The section regarding the depiction of sex in the MA category (Section 5.2, page 32) currently says:

Sex and nudity: Visual depiction of intimate sexual behaviour (which may only be discreetly implied or discreetly simulated ) or of nudity only where relevant to the story line or program context. However, a program or program segment will not be acceptable where the subject matter serves largely or wholly as a vehicle for gratuitous, exploitative or demeaning portrayal of sexual behaviour or nudity. Exploitative or non-consenting sexual relations must not be depicted as desirable.

The Mature Audience (MA) Classification

The proposal is to change it to:
Sex and nudity: Visual depiction of intimate sexual behaviour (which may only be implied ) may contain detail but the impact shall not be high and only where relevant to the story line or program context. Visual depiction of nudity only where relevant to the story line or program context. Verbal references to sexual activity may be detailed but the impact may not be high. However, a program or program segment will not be acceptable where the subject matter serves largely or wholly as a vehicle for gratuitous, exploitative or demeaning portrayal of sexual behaviour or nudity. Exploitative or non-consenting sexual relations must not be depicted as desirable.

The proposed Code at the above link shows the CHANGES!

3. Complaints process
Some restrictions are being proposed on the process for making complaints. (See Section 7, page 58)

* Restricting the time for making a complaint to 30 days after a broadcast. Previously it said the TV station was "not obliged" to respond to a complaint made more than 30 days after a broadcast.
* Instead of just "adequately identifying" the program, the Code would now insist that the complainant include a "reference to the date and time of broadcast of the material, or in the case of a television program series, the particular episode of the series the subject of the complaint".
* Adding a requirement that the person must have watched the program in order to make a complaint!
* Previously if a complaint wrote a second letter regarding their complaint, the licensee was required to "reply substantively to the further letter, and further advise the complainant that he or she may take the complaint to the Australian Broadcasting Authority."
The proposal now says that if no new material is presented then the licensee is not required to respond.

Complaints have to be in 'writing' and this is taken to mean that emailed complaints are not accepted.
We should ask that this be changed to allow emailed complaints to TV stations.

Action - Send a submission!

Please make a submission to the inquiry into the review of the Code of Practice to Free TV Australia.

Submissions are due by 25 September.

* Please ask that G-rated times remain on digital multi-channels.

* Please ask that the word discreetly be retained in the MA classification regarding the depiction of 'sex'.

* Commend them for tightening the regulations regarding reality TV shows.

* Comment on the complaints process - ask that the proposed change about watching the program not be included. Ask that the additional information about program details not be required and ask that email complaints be received by TV stations.

Send your submission:

Free TV has a page about the Review - click here. It includes a media release, the Code and proposed amendments.