Legal NEWS - GTV found to have breached Industry Code


The Australian Communications and Media Authority (ACMA) has recently handed down two decisions regarding alleged breaches of the Commercial Television Industry Code of Practice 2004 (the Code) by GTV Melbourne's licensee, General Television Corporation Pty Ltd.

ACMA has found that an A Current Affair segment screened in December 2006 breached the accuracy and fairness provisions in clause 4.3.1 of the Code. The segment related to child support payments being made by a man who discovered he was not the biological father of his children. AMCA, applying the standard of the "ordinary, reasonable viewer", found that factual material had not been presented accurately in relation to statements made by the Childhood Support Agency. The point of view of the man appearing in the segment had also not been fairly represented.

In response, GTV Melbourne has made an undertaking to counsel senior A Current Affair staff in relation to the Code, specifically regarding the accurate reporting of statements received from third parties and the summarising of factual material.

In a separate ACMA investigation, GTV Melbourne has been found not to have breached clause 2.4 and clause 2.2 of Appendix 4 of the Code in relation to three episodes of Bert's Family Feud. Complaints received in January 2007 alleged that these episodes contained inappropriate sexual references that exceeded the programme's G classification. ACMA found no breach, as the sexual references were brief, mild in impact and did not exceed the G classification.

ACMA has found that GTV Melbourne, however, breached clause 7.10 of the Code by failing to respond within 30 working days of receiving the complaints against A Current Affair and Bert's Family Feud. In relation to the Bert's Family Feud complaint, GTV Melbourne has also been found to have breached clause 7.12 of the Code by failing to advise the complainant that if the station's response is regarded as unsatisfactory, the matter may be referred to ACMA.

Due to the prevalence of complaints handling breaches by the Nine Network in the recent past, the station implemented new procedures in March 2007. These procedures include the appointment of Code Compliance Officers and the distribution of a new complaints' handling manual. The Nine Network is due to report shortly to ACMA on its compliance with the new procedures for the period ending 30 June 2007.

Source - Blake Dawson Waldron Lawyers