· web viewour very own cyclist taking on a bear-riding, sports-fishing, gun-toting,...

Investigation Report No. 3316

File no. ACMA2015/88

Broadcaster Australian Broadcasting Corporation

Station ABC

Type of service National broadcasting service (television)

Name of program 7.30

Date of broadcast 11 November 2014

Relevant code ABC Code of Practice 2011 (revised in 2014)

Date finalised 6 March 2015

Decision No breach of standard 4.1 [gather and present news with due impartiality]

ACMA Investigation Report – 7.30 broadcast by ABC on 11 November 2014

The complaintIn December 2014, the Australian Communications and Media Authority (the ACMA) commenced an investigation into a complaint about a segment on 7.30, broadcast by the Australian Broadcasting Corporation (the ABC) on ABC1 on 11 November 2014.

The complaint is that the segment was bias and one-sided.

The program7.30 is a current affairs program described on the ABC website as being:

The best analysis of local, national and international events from an Australian perspective. Hosted by Leigh Sales, with political commentary from 7.30 Political Editor Sabra Lane in Canberra.1

On 11 November 2014, the program included a 5:30 minute long segment titled ‘Did Abbott and Putin meeting live up to ‘shirtfront’ hype?’ which was a satirical report on Prime Minister Tony Abbott and Russian President Vladimir Putin meeting at the APEC summit in Beijing.

A transcript of the segment is at Attachment A.

AssessmentThis investigation is based on submissions from the complainant and the ABC and a copy of the broadcast on the ABC’s website. Other sources used have been identified where relevant.

In assessing content against the Code, the ACMA considers the meaning conveyed by the relevant material. This is assessed according to the understanding of an ‘ordinary, reasonable’ viewer.

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

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.2

The ACMA considers the natural, ordinary meaning of the language, context, tenor, tone, visual images and any inferences that may be drawn. In the case of factual material which is presented, the ACMA will also consider relevant omissions (if any).

Once the ACMA has applied this test to ascertain the meaning of the material that was broadcast, it then assesses compliance with the Code.

Issue: Impartiality

Relevant code provision Standard:

4.1 Gather and present news and information with due impartiality.

1 http://www.abc.net.au/tv/programs/730/2 Amalgamated Television Services Pty Limited v Marsden (1998) 43 NSWLR 158 at pp 164–167.

ACMA Investigation Report – 7.30 broadcast by ABC on 11 November 2014 2

http://www.abc.net.au/tv/programs/730/

The Code requires that standards are interpreted and applied in accordance with relevant Principles. In the case of impartiality, the relevant Principles include:

Judgements about whether impartiality was achieved in any given circumstances can vary among individuals according to their personal and subjective view of any given matter of contention. Acknowledging this fact of life does not change the ABC’s obligation to apply its impartiality standard as objectively as possible. In doing so, the ABC is guided by these hallmarks of impartiality:

a balance that follows the weight of evidence;

fair treatment;

open-mindedness; and

opportunities over time for principal relevant perspectives on matters of contention to be expressed.

[...]

Impartiality does not require that every perspective receives equal time, nor that every facet of every argument is presented.

Assessing the impartiality due in given circumstances requires consideration in context of all relevant factors including:

the type, subject and nature of the content;

the circumstances in which the content is made and presented;

the likely audience expectations of the content;

the degree to which the matter to which the content relates is contentious;

the range of principal relevant perspectives on the matter of contention; and

the timeframe within which it would be appropriate for the ABC to provide opportunities for the principal relevant perspectives to be expressed, having regard to the public importance of the matter of contention and the extent to which it is the subject of current debate.

Complainant’s submissionsThe complainant’s submissions are set out at Attachment B.

Broadcaster’s submissionsThe broadcasters submissions are set out at Attachment C.

FindingThe ABC did not breach standard 4.1 of the Code.

ReasonsIn correspondence to the complainant on 17 December 2014, the ABC broadly assessed the broadcast against the impartiality standards in Section 4 of the Code. The ABC concluded that as the segment was clearly a light-hearted satire, it was not in contravention of Section 4.

In further submissions to the ACMA, the ABC submitted that standard 4.1 did not apply to the segment, as the material was not ‘news and information’ to which the standard applies.


In this instance the segment opened, ‘This story is a light-hearted look at APEC.’ It focussed on the APEC summit in Beijing, and the relationship between Australian Prime Minister, the Hon Tony Abbott MP, and Russian President Vladimir Putin in the aftermath of the Prime Minister’s ‘shirtfront’ comment which had received wide news attention. It included mock sports commentary by Kirsten Drysdale and a male voiceover on the anticipated confrontation between the leaders which eventuated in a meeting behind closed doors.

The segment closed with a serious update from the Prime Minister’s office concerning his request to Mr Putin to co-operate fully with the investigation into the MH-17 disaster and to consider an apology.

Although 7.30 is generally a ‘news and information’ program for the purposes of the Code, the ACMA notes that the segment was comedic, light-hearted and highly satirical in tone.

It accepts the ABC’s submissions that the segment was clearly labelled as a light-hearted satire focussed on the ‘shirtfront’ comment; such satire will often incorporate some elements of actuality or fact so that audiences can understand the context for the satirical treatment; and audiences will not rely on satirical content in the same way as content based on fact and presented to inform.

Further, in this case the audience was alerted to the transition from information to satire and the material was distinctively different to the serious current affairs content that preceded it. At the beginning of the report, Presenter Leigh Sales provided the following caveat:

This story is a light-hearted look at APEC and, no, it's not about the shirts. It's about the shirtfront though. This year's APEC is the scene of the first meeting between Tony Abbott and Vladimir Putin since the Australian Prime Minister's now-infamous threat to the Russian President. Here's 7.30's newest recruit, Kirsten Drysdale, with her take on the keenly-anticipated showdown, and a warning: I think her tongue's firmly in cheek [emphasis added].

The segment was satirising a contentious topic, providing one view of many on the infamous ‘shirtfront’ comment made by Prime Minister Abbott.

On the basis that the segment was clearly satirical and described as such at the beginning of the report, the ACMA does not consider that the hallmarks of impartiality that apply to news and information apply to this material.

Accordingly, the ABC did not breach standard 4.1 of the Code.


Attachment A

Transcript

LEIGH SALES, PRESENTER: This story is a light-hearted look at APEC and, no, it's not about the shirts. It's about the shirtfront though. This year's APEC is the scene of the first meeting between Tony Abbott and Vladimir Putin since the Australian Prime Minister's now-infamous threat to the Russian President. Here's 7.30's newest recruit, Kirsten Drysdale, with her take on the keenly-anticipated showdown, and a warning: I think her tongue's firmly in cheek.

KIRSTEN DRYSDALE, REPORTER: It was supposed to be the showdown of the century.

(male voiceover): Tony "Tough Talk" Abbott versus "Virile" Vladimir Putin. How much macho can you take?

TONY ABBOTT, PRIME MINISTER: I'm going to shirtfront Mr Putin. You bet you are - you bet I am.

KIRSTEN DRYSDALE: Two great men with a phobia of fabric and a penchant for pectoral promenading set to meet face to face in the world's grandest car park, the G20.

(male voiceover imitating Vladimir Putin): Shirtfront? What does that even mean?

CNN PRESENTER: Shirtfronting, the phrase Mr Abbott used, is an Australian sports term for a forceful challenge.

JULIE BISHOP, FOREIGN MINISTER: Since the phrase shirtfront was used, I understand it's now entered the diplomatic lexicon of many countries.

KIRSTEN DRYSDALE: Just not the countries that really mattered.

EMMA ALBERICI, JOURNALIST: Can I ask you what was your reaction when you heard the news that our Prime Minister had declared that he intends to shirtfront your President when he's here next month for the G20 meeting?

VYACHESLAV NIKONOV, RUSSIAN MP: Well, it's not much of a news.

KIRSTEN DRYSDALE: Nonetheless, the world's most powerful people were cheering from the front row.

BARACK OBAMA, US PRESIDENT: Tony personally has expressed his extraordinary commitment to battling foreign fighters.

TONY ABBOTT: That's what the world needs.

(unidentified male voice recording): This is obviously quite unusual for the diplomatic practice to go this personal and we may say this physical.

KIRSTEN DRYSDALE: Oh, come on now, it's not that unusual.

Those tussles were just curtain-raisers for the main event. Our very own cyclist taking on a bear-riding, sports-fishing, gun-toting, judo-wrestling, tiger-slaying, dolphin-wrangling former KGB spy. And while some speculated Putin's magnificent biceps would give him an advantage, ...


BARACK OBAMA: Inevitably, they are going to have influence and exert a certain gravitational pull just by dint of size.

KIRSTEN DRYSDALE: ... Abbott expressed great faith in his own physical prowess.

TONY ABBOTT: It's a body that no one country can unilaterally control.

KIRSTEN DRYSDALE: But as the big day drew closer, Abbott seemed to start backing down.

TONY ABBOTT: By no means the biggest part of the agenda that Australia is following.

KIRSTEN DRYSDALE: Still, with that much tension in the air, surely we were in for some sort of action when they first crossed paths in Beijing at the APEC Summit/Star Trek convention two days ago.

(male voiceover imitating sports commentator): Abbott, approaching from the right, passes right by Putin without so much as a head slap. Oh, what a near miss. But he's turned around now by a Chinese official and he's lined up Putin perfectly. I say he's lined up Putin perfectly.

KIRSTEN DRYSDALE: Or not.

BARACK OBAMA: We can provide close air support, we can provide logistics and intelligence, but ultimately, they're the ones who are going to have to fight.

KIRSTEN DRYSDALE: Well how about at the meeting later that day?

(male voiceover imitating sports commentator): Tony Abbott, surveying the grounds. Vladimir Putin making an approach from behind. And the clash is imminent. But no, simply steps around him. Somehow Abbott's not even noticed he's there. Astonishing play.

KIRSTEN DRYSDALE: OK, but it is 100 per cent on for the roundtable discussion tonight then, right?

(male voiceover imitating sports commentator): Seriously, they're not even looking at each other. Very little I can work with here.

KIRSTEN DRYSDALE: So that's it. Even with the valiant efforts of a first-class troll behind the scenes repeatedly bringing Abbott and Putin together for a rumble, this was as close as it got. Just two dudes who finally had a meeting behind closed doors away from the cameras, almost like grownups. Well, there's always an upside.

BARACK OBAMA: I think our primary message has been to make sure that violence is avoided.

LEIGH SALES: Kirsten Drysdale there. And the Kremlin has released a statement. Asked if Tony Abbott managed to shirtfront the Russian leader, a spokesman replied, "It appears that he did not try."

There is of course a serious side to this story. Late today the Prime Minister's office said that during a brief meeting, Mr Abbott told Mr Putin that Australia has information suggesting that MH-17 was downed in Eastern Ukraine by a missile from a launcher that came out of Russia, and that if true, this was a very serious matter. He urged Mr Putin to co-operate fully with the investigation into the disaster and to consider an apology.


Attachment B

Submissions from the complainant

The complainant submitted the following to the ABC on 16 November 2014:

It is such a pity that our Prime Minister, Tony Abbott, is not given the respect and proper acclaim that he so rightly deserves. He has matured into an International leader of integrity and is well admired by the Australian people as well as world leaders.

I am sick of the ABC, and sadly also the 7.30 Programme, of being irresponsible, disrespectful and negligent in the way they portray serious issues accurately. Also stop the overt bias and mocking disrespect - which by the way IS NOT FUNNY - not in the least!!

Leigh Sales - just when I was applauding your more balanced approach with gracious humour - you seem to be drawn back into the 'smutty' old ABC 7.30 diatribe.

Hoping change is going to go in the right direction, henceforth...

[…]

The complainant submitted the following to the ACMA on 17 December 2014:

As I am not satisfied with this verbose explanation of my enquiry to the ABC, I am following their suggestion in the last paragraph of their email to myself, found below:

"Should you be dissatisfied with this response to your complaint, you may be able to pursue the matter with the Australian Communications and Media Authority http://www.acma.gov.au : "

I am thus forwarding you this email and my initial email of complaint which I sent to them - this email is directly below the ABC email to me.

I feel that the ABC has not addressed the serious complaint about unabated and obvious bias against Tony Abbott and his government. I accept proper journalistic enquiry and reporting - but not at this level of one-sided and opinionated inaccuracy aimed specifically at the present government.

[…]


http://www.acma.gov.au/

Attachment C

Submissions from the ABC

The ABC submitted the following to the complainant on 17 December 2014:

Thank you for your email regarding the 7.30 story Did Abbott and Putin meeting live up to "shirtfront" hype?

Your concerns have been investigated by Audience and Consumer Affairs, a unit which is separate to and independent of program making areas within the ABC. We have carefully considered your concerns and information provided by the program, reviewed the broadcast and assessed it against the ABC's editorial standards for impartiality.

Audience and Consumer Affairs notes the impending confrontation between Mr Abbott and President Putin had been satirised across a broad range of Australian media, in columns and political cartoons. Mr Abbott's statement that he would "shirtfront" the Russian leader when they met was a highly newsworthy story and a legitimate subject for satire. 7.30 has a long history of presenting political satire and the groups or individuals most often satirised are those prominent in public life, such as the Prime Minister.

We note the segment was labelled as satire in the presenter's introduction, making it unmistakably clear to the program's audience that it was a light-hearted take focused strictly on the tense relationship between the two leaders;

LEIGH SALES, PRESENTER: Before we go tonight, a light-hearted look at APEC and, no, it's not about the shirts. It's about the shirtfront though. This year's APEC is the scene of the first meeting between Tony Abbott and Vladimir Putin since the Australian Prime Minister's now-infamous threat to the Russian President. Here's 7.30's newest recruit, Kirsten Drysdale, with her take on the keenly-anticipated showdown, and a warning: I think her tongue's firmly in cheek.

Audience and Consumer Affairs observe that the program's coverage of the MH17 tragedy was comprehensive, serious and thoughtful, including prominent coverage of the Prime Minister's leadership on the matter and sensitive portrayals of the impact on families and the reaction of the nation.

We are satisfied that 7.30's clear labelling of this segment as light-hearted satire, and the absence of any reference whatsoever to the MH17 tragedy, made it sufficiently clear to the program's audience that it was strictly and purely focused on the Prime Minister's "shirtfront" comment, within the context of his attendance alongside President Putin at the recent APEC Summit. We are satisfied the program did not exhibit political bias against the Prime Minister by presenting a clearly light-hearted take on his now infamous "shirtfront" statement, and the broadcast was not in contravention of ABC impartiality standards in section 4 of the ABC Code of Practice. As noted above, the groups or individuals most often satirised are those prominent in public life, such as the Prime Minister.

[…]


The ABC submitted the following to the ACMA on 24 February 2015:

Standard 4.1 does not apply to every item of ABC content. As its wording makes clear, it applies only to content which constitutes news or information. The principles which accompany section 4 clarify that these standards flow from the ABC’s statutory duty to provide impartial news and information according to the recognised standards of objective journalism. Standards drafted with objective journalism in mind can have unintended, absurd or potentially harmful effects if applied uniformly to content from all genres.

Stories which are in the news will often be the subject of satirical treatment. Such satire will often incorporate some elements of actuality or fact in order that the audience can understand the context for the satirical treatment. This does not, however, render the material ‘news and information’ such that standard 4.1 applies. Nor does the tradition of including such satire within an otherwise serious current affairs program extend the reach of 4.1 to those satirical segments.

Audiences can be taken to understand the purposes and conventions of various types of content. They can also be taken to understand that one program might include various types of content, to which different expectations apply. Audiences understand that content aimed primarily at stimulating imaginations or entertaining them may be appreciated or enjoyed - or not, according to taste – but is not to be relied upon in the same way as content based on fact and presented to inform. Concepts such as fair treatment, open mindedness and balance have no meaningful application to this type of programming. To apply an impartiality standard to this genre of content would unduly constrain it, and is inconsistent with the Code which requires standards to be interpreted and applied with due regard for the nature of the content under consideration in particular cases.

Audiences understand that drama, comedy, satire and other genres of the arts use techniques including invention, artifice, deception, exaggeration, analogy, parody, double meaning, juxtaposition, allegory and symbolism. To be entertained, audiences suspend disbelief, take leaps of imagination or go along with the joke in ways they would not reasonably expect to do when presented with news and information.

The ABC accepts that when satire appears in an otherwise serious current affairs program, it has a responsibility to alert audiences to this transition so that expectations can be amended accordingly. 7.30 satisfied this expectation. The presenter introduced the segment as follows:

LEIGH SALES, PRESENTER: This story is a light-hearted look at APEC and, no, it's not about the shirts. It's about the shirtfront though. This year's APEC is the scene of the first meeting between Tony Abbott and Vladimir Putin since the Australian Prime Minister's now-infamous threat to the Russian President. Here's 7.30's newest recruit, Kirsten Drysdale, with her take on the keenly-anticipated showdown, and a warning: I think her tongue's firmly in cheek.

The segment itself was distinctively different to the serious current affairs content that preceded it: the imagery, tone used in the voice-over, choice of music, hyperbolic language and alliteration all drew attention to and reinforced the comical nature of the piece. Its opening lines were unmistakeably satirical and the piece continued in the same vein, maintaining the same comical approach throughout:

KIRSTEN DRYSDALE, REPORTER: It was supposed to be the showdown of the century.


(male voiceover): Tony "Tough Talk" Abbott versus "Virile" Vladimir Putin. How much macho can you take?

TONY ABBOTT, PRIME MINISTER: I'm going to shirtfront Mr Putin. You bet you are - you bet I am.

KIRSTEN DRYSDALE: Two great men with a phobia of fabric and a penchant for pectoral promenading set to meet face to face in the world's grandest car park, the G20.

At the conclusion of the segment, the presenter signalled a brief return to journalistic coverage:

‘There is of course a serious side to this story. Late today the Prime Minister's office said that during a brief meeting, Mr Abbott told Mr Putin that Australia has information suggesting that MH-17 was downed in Eastern Ukraine by a missile from a launcher that came out of Russia, and that if true, this was a very serious matter. He urged Mr Putin to co-operate fully with the investigation into the disaster and to consider an apology.’

The ABC maintains the long tradition of satire as a form of expression that helps to preserve freedom. People must be at liberty to laugh at the powerful. Satire and audiences’ responses to satire are part of how democratic societies scrutinise and put a check on power.

[…]


· web viewour very own cyclist taking on a bear-riding, sports-fishing, gun-toting,...

Documents