seven.com
Date: 16/09/05
By Amy Fallon
The broadcasting watchdog has found two episodes of Network Ten's reality program Big Brother breached the industry code by screening sexual antics, nudity and foul language.
However the Australian Communications and Media Authority (ACMA) admits the chance of it taking action against the network is "unlikely".
Three episodes of Big Brother Uncut, the weekly late-night version of the daily reality show, were referred to the ACMA for investigation by Communications Minister Helen Coonan in June.
The ACMA found that two of these episodes had breached the Commercial Television Industry Code of Practice.
One of these, which screened on May 30, showed housemate Michael massaging fellow housemate Gianna's shoulders with his pants down and his ***** exposed.
The ACMA said it considered this a "gratuitous and demeaning portrayal of nudity".
The other episode, which aired on June 13, involved a "group of males composing a song containing references to fetishistic and degrading sexual behaviour".
"The impact of the language was such that it was not considered suitable for 15-year-olds," the ACMA said in a statement.
ACMA spokesman Donald Robertson said Ten had already taken steps to review Big Brother Uncut in June when the complaints were raised.
"They had a couple of independent consultants come in and review the production process and they also supplied us with copy of the reports that those consultants had prepared," he said.
He said the ACMA would be meeting with the network next week to discuss what measures they proposed to ensure that breaches did not recur.
"We would expect them to come up with some suggestions and we have some ideas of our own," Mr Robertson said.
He said if the body didn't get assurances there would be no further breaches the ACMA could impose a condition on its licence.
If there were further breaches, the authority could issue a notice to the licensee to comply with the licence condition, impose further licence conditions or even suspend or cancel the licence.
"(But) the enforcement framework is very much an escalating process," Robertson said.
"If you don't get cooperation from one level you take it to the next level."
In regards to criminal sanctions, a breach of licence conditions could be referred to the Director of Public Prosecutions (DPP) for prosecution in the federal court.
If found guilty, financial penalties could be imposed on the licensee.
"Again that's unlikely," Robertson said.
Ten said it accepted the findings by the watchdog.
"Network Ten accepts the ACMA's decision that two segments within Big Brother Uncut breached the Television Industry Code of Practice (Code)," a spokeswoman said.
She said Ten had already worked with the body to investigate the complaints, but would cooperate further.
"Network Ten takes its obligations under the Code very seriously and will employ whatever steps ACMA deems necessary to prevent a future breach," the spokeswoman said.
She pointed out that Ten had for the past five years appointed an experienced classifier for Big Brother Uncut, and already apologised for any offence taken by the attitudes of some of its male housemates towards women.
The spokeswoman did not say whether the uncut program would definitely be back on air next year.
"We haven't finalised the format that Big Brother will take next year," she said.