· Web viewThe program is broadcast from 5am to 9am on weekdays, and features popular contemporary music as well as light-hearted discussion and interviews, primarily concerning central

Investigation Report No. 3068File No. ACMA2013/1014

Broadcaster Rockhampton Broadcasting Co Pty Ltd

Station 4RGK (Sea FM CQ) Rockhampton

Type of Service Commercial Radio

Name of Program Banksy & Brad – The Sea FM Morning Crew

Date of Broadcast 30 April 2013

Relevant Code Code 1.3(a) of the Commercial Radio Australia Codes of Practice 2013

Date finalised 6 September 2013Decision No breach of code 1.3(a) of the Commercial Radio Australia Codes

of Practice 2013

ACMA Investigation Report 3068—Banksy & Brad – The Sea FM Morning Crew—4RGK (Sea FM CQ) Rockhampton – 30 April 2013

Background On 28 June 2013, the Australian Communications and Media Authority (the ACMA)

received a complaint about a segment of the program Banksy & Brad – the Sea FM Morning Crew broadcast by Rockhampton Broadcasting Co Pty Ltd (the licensee) on 30 April 2013.

The program is broadcast from 5am to 9am on weekdays, and features popular contemporary music as well as light-hearted discussion and interviews, primarily concerning central Queensland and local events. It is described on the licensee’s website in the following terms:

Banksy & Brad – The Sea FM Morning Crew. Both the lads were born and bred in Central Queensland, and now they’re let loose on the radio every weekday morning!1

The program features a regular competition entitled ‘Kids in the car’ where a child calls the station each morning and the presenters try to guess what the child is thinking about. If the hosts are unsuccessful, the child and his/her family receive a voucher to a local restaurant.2

On 30 April 2013, an 11 year old girl phoned the program and took part in the competition (the segment). During the segment, one of the hosts unsuccessfully guessed that the caller was thinking of the winner of a recent local Miss Showgirl Quest. The following exchange then occurred:

Presenter 1 – I think I know what it is, [caller’s name]. Ahh, you’re thinking about [the Miss Showgirl Quest winner], aren’t you?

Caller – No.

Presenter 1 – Ahhh, do you know who [the Miss Showgirl Quest winner] is?

Caller – No.

Presenter 1 – Ahhh, [the Miss Showgirl Quest winner] actually won the 2013 Miss Showgirl Quest on Saturday night.

Caller – Oh.

Presenter 1 – I could have sworn that’s what you’d been thinking about!

Caller – No.

Presenter 1 – The sash, the tiara, the flowers, the whole, wow! Ok.

Presenter 2 – See, I would have assumed

Presenter 1 – I know Banksy was thinking about that!

1 http://www.seafmcq.com.au/shows/banksy--brad---the-sea-fm-morning-crew 2 http://www.seafmcq.com.au/shows/banksy--brad---the-sea-fm-morning-crew


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http://www.seafmcq.com.au/shows/banksy--brad---the-sea-fm-morning-crew

http://www.seafmcq.com.au/shows/banksy--brad---the-sea-fm-morning-crew

Presenter 2 – Me too, yeah, but, ummm

Caller – [Giggles].

Presenter 1 – When I think of 11-year-old schoolgirls, that’s, that’s where I go!

Presenter 2 – Ok!

Presenter 1 – [Laughter]. Banksy, what do you reckon?

A transcript of the segment appears at Attachment A.

The complainant submitted that ‘what was said... pertaining to showgirls was completely inappropriate and bordering on paedophilia.’ The complainant’s submissions can be found at Attachment B.

The licensee’s submissions can be found at Attachment C.

The investigation has considered the licensee’s compliance with code 1.3(a) of the Commercial Radio Australia Codes of Practice 2013 (the Codes):

Program Content and Language, including Sex and Sexual Behaviour

1.3 (a) Program content must not offend generally accepted standards of decency (for example, through the use of unjustified language), having regard to the demographic characteristics of the audience of the relevant program.

(b) For the purposes of determining:

(i) the audience of the relevant program; and(ii) the demographic characteristics of that audience,

regard must be had, in particular, to the results of any official ratings surveys of the licensee’s service in the prior 12 months, (or, in the case of any licensee service operating in regional areas, the most recent official ratings surveys for the licensee’s service).

Assessment This investigation is based on submissions from the complainant and the licensee,

correspondence between the complainant and the licensee and a copy of the broadcast provided to the ACMA by the licensee. Other sources have been identified where relevant.

In assessing content for compliance with the Codes, the ACMA considers the meaning conveyed by the relevant material. This is assessed according to the understanding of an ‘ordinary reasonable’ listener.

Australian courts have considered an ‘ordinary, reasonable’ listener to be:


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A person of fair average intelligence, who is neither perverse, nor morbid or suspicious of mind, nor avid for scandal. That person does not live in an ivory tower, but can and does read between the lines in the light of that person’s general knowledge and experience of worldly affairs.3

The ACMA examines what the ‘ordinary, reasonable’ listener would have understood the relevant material to have conveyed, in the context of the relevant program segment. It considers the natural, ordinary meaning of the language, context, tenor, tone and inferences that may be drawn, and in the case of factual material, relevant omissions (if any).

Once the ACMA has ascertained the meaning conveyed, it then determines whether the Codes have been breached.

Issue: Whether the licensee broadcast material which offended generally accepted standards of decencyFindingThe licensee did not breach code 1.3(a) of the Codes.

Reasons Clause 1.3(a) requires the ACMA to consider the meaning of the phrase ‘generally

accepted standards of decency’.

The ACMA considers that the term ‘generally accepted standards of decency’ refers to the current consensus of recognised present day standards of propriety. Such standards are not hard and fast either over time or across all sections of the com-munity.

The ACMA generally has regard to the following considerations in assessing ‘generally accepted standards of decency’:

o the subject matter or themes dealt with: for example, care needs to be taken with material that is sexually explicit or extremely sensitive;4

o the tenor or tone of the broadcast: for example, was it light-hearted or threatening; matter-of-fact or salacious;5

o the language used in the broadcast: for example, was it abusive, profane, vulgar or lewd;6 and

o the attitudes conveyed: for example, contemptuous disregard for human life or suffering.7

Code 1.3(a) of the Codes also requires the ACMA to have regard (though not sole regard) to the demographic characteristics of the audience of the relevant program.

The licensee operates its service in regional areas including Rockhampton and coastal centres. The licensee has submitted that ‘...official ratings surveys are not

3 Amalgamated Television Services Pty Ltd v Marsden (1998) NSWLR 158 at 164-1674 For example, ABA Investigation 1270, and ACMA Investigations 1628 and 2266.5 For example, ACMA Investigation 2751 and 2848.6 For example, ACMA Investigations 1628, 1717 and 2848.7 For example, ABA Investigation 1270 and ACMA Investigations 2598 and 2848.


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currently undertaken in the Rockhampton market... and... data the ACMA has requested... is not available’.

While the licensee was unable to provide demographic details of the program, it submitted that ‘Sea FM CQ’s target audience comprises listeners aged 30-54’, and given the size of the target regional area ‘it is reasonable to presume that the Sea FM CQ audience is parochial and passionate about their local area, as well as their family and friends.’

The ACMA accepts that Sea FM’s target audience generally comprises listeners aged 30 to 55 years. However, it notes that the competition involved the participation of children and that therefore the program may have attracted a child audience.

In the context of this segment, and taking into account the likely audience of the program, the ACMA is satisfied that the content did not offend generally accepted standards of decency.

The ACMA notes:

o The presenter did not say he thought of showgirls when he thought of 11 year old girls as suggested by the complaint, but referred to ‘the sash, the tiara, the flowers’ in connection with the local Miss Showgirl Quest, and later said when he thought of 11 year old school girls ‘that’s where I go’;

o The Miss Showgirl Quest is a fund raising event held as part of the Rockhampton Show, held in the Rockhampton Showgrounds complex, managed by Rockhampton Council;8

o The content was not sexualised, nor was there any explicit discussion of sexual activity involving adults or children or that could be construed as exploitative of children;

o The segment did not use sexual innuendo and the presenter’s comments did not imply sexual activity or indirectly encourage children to be viewed as sexual objects;

o The segment did not use profane, vulgar or lewd language;

o The focus of the segment was the ‘Kids in the car’ competition, and the presenters’ comments were essentially light-hearted;

o The segment was presented as a genuine attempt at guessing what the caller was likely to have been thinking;

o After learning that his guess was incorrect, the presenter said ‘I could have sworn that’s what you were thinking. The sash, the tiara, the flowers, the whole, wow!’ establishing the context in which the comments were made, being the local Miss Showgirl Quest.

o The words ‘when I think of 11-year-old schoolgirls, that’s, that’s where I go!’ were stated in this context were not used in an explicit way such as to offend generally accepted standards of decency.

8 http://rockhamptonshowgrounds.com.au


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The ACMA accepts the licensee’s submission, ‘the suggestion that an eleven year old girl might find interest in a competition featuring pretty dresses and the like is not unreasonable’.

There was no material in the broadcast connecting the statement with sexual activity involving children or the exploitation of children and no evidence that these were in the presenter’s mind when he made the statement.

The ACMA acknowledges the complainant’s concern with the content broadcast. However, for the reasons outlined above, the ACMA is satisfied that the segment did not offend generally accepted standards of decency, and accordingly, the licensee did not breach code 1.3(a) of the Codes.


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Attachment ATranscript of the segment

Presenter 1 – ...What else is sensational is the [name of local restaurant] where kids eat free every Wednesday night – you could be getting yourself a $25 voucher. All you need to do is play a little game we like to call ‘Kids in the car’.

Presenter 2 – Obviously I missed the concept of that game ummm, yesterday. [Laughter].

Presenter 1 – Yes, you did!

Presenter 2 – But in the next couple of minutes Brad, we’ll do it again and I’ll get it right today!

Presenter 1 – 13 27 10!

Presenter 2 – Banksy & Brad

[...]

Presenter 2 – Good morning, Banksy & Brad, your CFM morning crew, it’s eleven past eight... more places where you can shop for CFM’s cash or the car in the next couple of minutes, but speaking of cars.

Announcer – Banksy & Brad’s kids in the car. For the [name of local restaurant venue].

Presenter 1 – What we have to do Brad, is get inside the minds of young people around central Queensland.

Presenter 2 – Mmm. Some people say it shouldn’t be too hard because we are kids ourselves.

Presenter 1 – Yeah, but again, we act like kids, we don’t think like them! This is the next stage in... becoming a kid again. [Laughter]. Yes! That’s

Presenter 2 – A bit like Tom Hanks in a movie.

Presenter 1 – [Laughter]. Ummm 13 27 10, call through, we figure it out, 25 bucks at the Heritage Grill

Presenter 2 – Mmm-hmm.

Presenter 1 – The [name of local restaurant] is absolutely great because

Presenter 2 – Sensational.

Presenter 1 - The kids get to eat free on Wednesdays as well.

Presenter 2 – Great family atmosphere. Head down to [name of local restaurant].

Presenter 1 – All right Bradley, let’s get our caller!

Presenter 2 – [Caller’s name], how are you this morning?

Caller – I’m good, how are you?


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Presenter 1 – Wonderful. [Caller’s name], how old are you?

Caller – I’m 11.

Presenter 1 – 11.

Presenter 2 – All right, 11, [caller’s name], you are thinking of something in particular right now, yes?

Caller – Yes.

Presenter 1 – Oki dokie.

Presenter 2 – It’s up to us to figure that out.

Presenter 1 – I think I know what it is, [caller’s name]. Ahh, you’re thinking about [Miss Showgirl Quest winner’s name], aren’t you?

Caller – No.

Presenter 1 – Ahhh, do you know who [Miss Showgirl Quest Miss Showgirl Quest winner’s name] is?

Caller – No.

Presenter 1 – Ahhh, [Miss Showgirl Quest winner’s name] actually won the 2013 Miss Showgirl Quest on Saturday night.

Caller – Oh.

Presenter 1 – I could have sworn that’s what you’d been thinking about!

Caller – No.

Presenter 1 – The sash, the tiara, the flowers, the whole - wow! Ok.

Presenter 2 – See, I would have assumed

Presenter 1 – Wow! I know Banksy was thinking about that!

Presenter 2 – Me too, yeah, but, ummm

Caller – [Giggles].

Presenter 1 – When I think of 11-year-old schoolgirls, that’, that’s where I go!

Presenter 2 – Ok!

Presenter 1 – [Laughter] Banksy, what do you reckon?

Presenter 2 – Well, I, well it’s clear she’s not thinking about that, she’s all excited that [rugby player’s name] is in town from the North Queensland Cowboys, and doing skills clinics around the schools!

Presenter 1 – Of course!

Presenter 2 – Because it’s in your school, that’s what’s, that’s what


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Presenter 1 – That’s what it is, isn’t it, [caller’s name]?

Presenter 2 - Surely that’s it, isn’t it, [caller’s name]?

Caller – No.

Presenter 1 – Oh.

Presenter 2 – You’re not thinking about

Presenter 1 – Wow.

Presenter 2 - ...[Rugby player’s name], and

Presenter 1 – Or Miss Showgirl.

Caller – No.

Presenter 2 – Ummm

Presenter 1 – You, you’ve got us!

Presenter 2 – Ummm, errr, no! What are you thinking of, [caller’s name]?

Caller – Doing cartwheels around the stage.

Presenter 1 – Doing cartwheels around the stage!

Presenter 2 – You may want to explain a little bit more, what, what cartwheels, what stage, [caller’s name]?

Caller – Errr, well, I’m, I’m, I’m really excited about the Eisteddfod that I’m doing.

Presenter – Ohhh, you’re in the Eisteddfod!

Caller – Yeah, for dancing.

Presenter 1 – Oh, wow!

Presenter 2 – Have you been practising a long time?

Caller – Pardon?

Presenter 2 - You been practising a long time?

Caller – Yeah, every day.

Presenter 2 – Good! That’s how you get better. Practice, practice, until it gets perfect. Well... we couldn’t errr, figure out what you were thinking about, the Eisteddfod there, so ummm... we’re gonna have to give you a prize for that!

Presenter 1 – That’s right, your winner winner chicken dinner, or

[General laughter]

Presenter 1 - depending on what else is on the menu. You’ve won [name of local restaurant] $25 voucher, ahhh, to spend there with your mum and dad, how good’s that!


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Presenter 2 – Well done [caller’s name]!

Caller – Thank you!

Presenter 2 – No problem at all. We’ll ahhh, do it again! Tomorrow! That was a success!

Presenter 1 – Well, ahhh, not for us. But it was for everyone else.

Presenter 2 – No, but I successfully got through the competition in the way that I was supposed to today.

Presenter 1 – Yes.

Presenter 2 – So that’s good!

Presenter 1 – Thank God for that!

Presenter 2 – It’s quarter past eight at CFM.


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Attachment B

Complainant’s submissions

The complainant submitted the following:

What was said... pertaining to showgirls was completely inappropriate and bordering on paedophilia

[...]

...[the licensee] sought to justify what the hosts had said by explaining current things happening around town, not the fact that this is a regular segment and that they should have thought more carefully when saying they (the hosts) always think of showgirls when they think of 11 year old girls. To myself and my co workers showgirls meant Burlesque ladies.


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Attachment C

Licensee’s submissions

The licensee sent the following to the complainant on 4 June 2013:

... I can assure you that our announcer meant only to imply that an eleven year old girl might have found the “Miss Showgirl Quest 2013” of interest due to “the sash, the tiara, the flowers” (as he sought to explain). As you may agree, the suggestion that an eleven year old girl might find interest in a competition featuring pretty dresses and the like is not unreasonable... we are absolutely certain our announcer did not intend the meaning which you would appear to have attributed to this statement, which we agree would be entirely inappropriate.

and submitted the following to the ACMA on 17 July 2013:

...Given the strong general community interest of Sea FM CQ listeners, ... [the audience was] likely to have had an awareness of the ‘Miss Showgirl Quest’ such that any references to ‘Miss Showgirl’ by the hosts in the Segment would have been understood in this context.

[...]

given that [the] audience is largely made up mature listeners aged 30 to 54, ... the audience would have had a mature approach to the Segment and would have been unlikely to misconstrue the host’s comments in relation to eleven year old girls and the ‘Miss Showgirl Quest’.


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Documents

· Web viewThe program is broadcast from 5am to 9am on weekdays, and features popular contemporary music as well as light-hearted discussion and interviews, primarily concerning central