Investigation Report No. 2522
File No. ACMA2010/2265
Broadcaster Australian Broadcasting Corporation
Station ABC
Type of service National Broadcasting Service
Name of program Criminal Justice (Series 2)
Date of broadcast 15 August 2010
Relevant ABC Code of Practice 2007
Legislation/Code
Finding
The episode of Criminal Justice (Series 2), broadcast by the Australian Broadcasting
Corporation on 15 August 2010, contained themes and depictions of realistic violence
with detail which can be accommodated within the M classification.
The delegate is therefore of the view that the broadcaster did correctly classify the
episode of Criminal Justice (Series 2) in accordance with clause 6.2 (television
program classifications) of the ABC Code of Practice March 2007.
ACMA Preliminary Investigation Report—Criminal Justice (Series 2) broadcast by the
ABC on 15 August 2010
On 22 November 2010, the ACMA received a written complaint about an episode of
Criminal Justice (Series 2) broadcast by the Australian Broadcasting Corporation
(ABC) on 15 August 2010.
The complainant stated that the episode was classified M, but should have been
classified MA15+ because of strong themes and violence. The complainant stressed
that the cumulative impact of many of the scenes should have caused the program to
have an MA15+ classification. Not satisfied with the written response provided by the
ABC, the complainant forwarded the matter to the ACMA for investigation.
Criminal Justice in a UK crime series, where each series follows an individual through
the criminal justice system. The second series is about a depressed woman who is
charged with the stabbing murder of her abusive husband.
This episode was classified M by the ABC and broadcast at 8.30 pm on 15 August
2010. It was preceded with consumer advice that the episode contained 'violence and
adult themes'.
On 16 July 2010, Criminal Justice (Series 2) was classified MA15+ by the
Classification Board for DVD release, with the consumer advice of 'strong themes and
violence'. This DVD release was for the ‘original version’ of the series, which
comprised five episodes with a total duration of 294 minutes (excluding titles).
Clause 6.3 of the ABC Code of Practice March 2007 (ABC Code) permits the ABC to
modify programs classified by the Classification Board ‘...so that they are suitable for
broadcast or suitable for broadcast at particular times’.
However, the ABC noted in its response to the complainant that Criminal Justice
(Series 2) was broadcast in the form in which it was acquired and was not modified by
the ABC.
The UK distributor of the series notes on its website that the series can be offered as a
1
five-part series or a two-part series. The ABC broadcast the series over two episodes,
with a total duration of 209 minutes (including titles). The first episode of Criminal
Justice (Series 2) as broadcast by the ABC, had a duration of 104 minutes (including
opening and closing titles).
The assessment is based on a copy of the relevant broadcast provided to the ACMA
by the broadcaster and submissions from the complainant and broadcaster.
The ABC Code contains the following provisions that are relevant in the matters raised
by the complainant:
6. Television program classifications
6.1 The ABC applies the classifications listed below to all its domestic television
programs with the exception of news, current affairs and sporting events. The ABC
classifications are based on the Guidelines for the Classification of Films and
Computer Games issued by the Office of Film and Literature Classification (OFLC),
made under the Classification (Publications, Films and Computer Games) Act 1995.
6.2 Classification of television programs
...
M – Mature (recommended for people aged 15 years and over)
M programs may be shown:
ACMA Preliminary Investigation Report—Criminal Justice (Series 2) broadcast by the
ABC on 15 August 2010
on weekdays that are school days, between noon and 3.00 pm and
on any day of the week between 8.30 pm and 5.00 am.
The M category is recommended for people aged over 15 years. Programs
classified M contain material that is considered to be potentially harmful or
disturbing to those under 15 years. Depictions and references to classifiable
elements may contain detail. While most themes may be dealt with, the degree of
explicitness and intensity of treatment will determine what can be accommodated in
the M category - the less explicit or less intense material will be included in the M
classification and the more explicit or more intense material, especially violent
material, will be included in the MA15+ classification.
Themes: Most themes can be dealt with, but the treatment should be discreet and
the impact should not be high.
Violence: Generally, depictions of violence should:
not contain a lot of detail, and
not be prolonged.
In realistic treatments, depictions of violence that contain detail should:
be infrequent, and
not have a high impact, and/or
not be gratuitous.
...
Verbal and indirect visual references to sexual violence may only be included if
they are:
discreet and infrequent, and
strongly justified by the narrative or documentary context.
Sex: Sexual activity may be discreetly implied.
Nudity in a sexual context should not contain a lot of detail, or be prolonged.
Verbal references to sexual activity may be more detailed than depictions if this
does not increase the impact.
Language: Coarse language may be used.
Generally, coarse language that is stronger, detailed or very aggressive should:
be infrequent, and
not be gratuitous.
In correspondence to the broadcaster, the complainant stated that the broadcast
contained ‘strong themes and violence’ that should have been classified MA15+ and
broadcast after 9.30 pm. The complainant provided a detailed list of scenes from the
episode and extracts from the Classification Board’s report regarding the DVD release
of the series.
In the submission to the ACMA on 22 November 2010, the complainant reiterated the
view that the broadcast contained violent scenes that were unsuitable for an M
classification and that the cumulative impact of many of the scenes should have
caused the series to be classified MA15+.
ACMA Preliminary Investigation Report—Criminal Justice (Series 2) broadcast by the
ABC on 15 August 2010
In its response to the complainant (dated 18 November 2010), the broadcaster
submitted that the episode was correctly classified:
the classification provisions in the Code of Practice differ from the Guidelines for the
Classification of Films and Computer Games applied by the Classification Board.
Furthermore, the Classification’s Board’s decisions about DVD releases, such as the
Criminal Justice DVD releases, are based on different content to that which is classified
by ABC Television; for example, DVD releases often contain additional material and
scenes, and each release is classified in its entirety, whereas ABC Television classifies
each episode of a series individually.
...
The central themes dealt with in both episodes were sexual and emotional domestic
abuse, the shortcomings of the criminal justice system, and the emotional trauma
suffered by the protagonist...on review, Audience & Consumer Affairs is satisfied that the
treatment of themes was discreet and the overall impact was not high. The themes did
not have a high degree of intensity, and were treated within a sophisticated dramatic
context over the course of the two lengthy episodes.
...
It is relevant to note that the lack of clarity as to the nature of the sexual activity and
violence in these scenes [at 20:45 and 25:30] was a deliberate part of the construction of
dramatic tension and suspense in the series.
...
The depiction [at 57:35] also constituted a treatment of the theme of self-harm...the
impact of this treatment was not high...the treatment was discreet: it was relatively brief, it
involved a minor character, and the focus was on Juliet’s [the main character]
observation of the act rather than the act itself. It is relevant to note that the program’s
overall treatment of the theme of self-harm was quite cursory; it was depicted in this
scene and referred to briefly in later scenes, but was not explored in depth.
....
Overall, there was not a lot of detail in the sequence [at 1:29:45], and it was not
prolonged...the flash-back device distancing the viewer from the sense of reality.
In its submission to the ACMA dated 21 December 2010, the broadcaster requested
that the ACMA note the broadcaster’s original response to the complainant (above) to
support its view that the program had been correctly classified. In addition, the ABC
submitted:
[The complainant] relies on Classification Board decisions about DVD releases, and
descriptions of scenes in Classification Board Reports relating to these releases. It would
be of considerable concern to the ABC if the ACMA were to rely on Classification Board
decisions or descriptions in its investigation, for the reasons set out below.
In several cases, the descriptions of scenes in the Classification Board Reports supplied
by [the complainant] do not accurately reflect the content broadcast by the ABC, often
because the content of DVD releases differs from the content acquired and broadcast by
the ABC (for example, scenes may be edited differently or not present at all). In addition,
it is important to note that the Classification Board classifies each DVD release in its
entirety, including special features, and having regard to cumulative impact of storylines
which take place over the course of several episodes. On the contrary, under the ABC's
Code of Practice episodes are classified individually, without giving consideration to the
content of previous episodes.
Furthermore, any reliance on the Classification Board's decisions disregards the
important distinctions between the Guidelines for the Classification of Films and
Computer Games applied by the Classification Board and the ABC's Code of Practice.
Although the classifications in the Code of Practice are based on the Guidelines for the
Classification of Films and Computer Games, they are different in numerous ways; most
notably, the ABC's classification system does not focus on the 'impact test' which is
central to the Guidelines for the Classification of Films and Computer Games.
ACMA Preliminary Investigation Report—Criminal Justice (Series 2) broadcast by the
ABC on 15 August 2010
As extracted above, the ABC Code states that programs classified M contain material
that is considered to be potentially harmful or disturbing to those under 15 years and
depictions and references to classifiable elements may contain detail.
Violence
The ABC Code provides that in M classified programs, realistic depictions of violence
that contain detail should be infrequent, not have a high impact and/or not be
gratuitous. Further, indirect visual references to sexual violence may only be included
if they are discreet, infrequent and strongly justified by the narrative. More explicit or
more intense violent material will be included in the MA15+ classification.
The episode is 104 minutes in duration and contains a number of depictions of
violence, used to demonstrate the abuse of the main character as well the aftermath of
her stabbing her husband. For example:
Implicit rape scenes (at 20:45 and 25:30 minutes) where the main character is
shown to be unwilling to have sex with her husband. In the first instance she says
to her husband ‘I don’t want to’ and in the second instance he demands that she
get back into bed. In both scenes the husband implicitly has sex with the woman
from behind. Both scenes are brief with little detail.
A large bloodstain is visible on the back of the woman’s nightdress (at 26:07
minutes).
The bloodied sheets on the bed are shown as a detective inspects the bedroom as
a crime scene (at 40:18 minutes).
These depictions were relatively short in duration and while some showed bloodstains,
no detail of the consequences of violence such as wound detail was depicted. The
visual references to sexual violence were discreet and infrequent with very little detail
shown. The sexual violence was strongly justified by the narrative of the story, to
demonstrate the abuse that led to the woman stabbing her husband.
The episode also contained two scenarios involving detailed depictions of realistic
violence:
Depictions of the stabbed man
At 26:36 minutes into the episode a man is shown lying on a bed with a knife
protruding from his abdomen, a sheet covers his stomach and lower body. A close-
up shot of the knife in the man’s abdomen is shown, with blood around the wound.
The man’s teenage daughter grips the handle of the knife. She implicitly removes
the knife, although a distant shot only shows the girl and the man after the knife is
removed – blood flows from the wound and down the man’s side.
Later in the episode (at 1:29:45 minutes) the daughter has a flash-back to the
stabbing. The man’s torso is shown with the knife protruding from his abdomen;
some static blood is visible around the knife and down the man’s side. The knife is
shown briefly moving away from the man – implicitly the girl removed it from his
abdomen.
Depictions of self harm
At 57:35 minutes into the episode, the main character witnesses a fellow female
prisoner cutting her own wrist. The bloodied wound is shown both as a close-up
and at a distance. The close-up shows a small amount of blood oozing from the
wound.
At 1:01:26 minutes into the episode the same prisoner is shown picking at her
wound.
ACMA Preliminary Investigation Report—Criminal Justice (Series 2) broadcast by the
ABC on 15 August 2010
The depictions of the stabbed man, including wound detail is shown on screen for a
total of approximately 30 seconds in the 104 minute episode. No depiction is on
screen for longer than five seconds. Blood is visible on the man and around him,
including bloodstains on the sheets of the bed and static blood around the knife. Only
one depiction shows blood flow, and this is from a distance (when the daughter
implicitly removes the knife).
The depictions of self harm with wound detail are on screen for less than a total of 15
seconds. The cause of the wound is not explicitly shown nor is the implement used to
cause the wound.
In the context of the entire episode, the detailed depictions of violence described
above were not frequent. Similarly, they did not have a high impact even considering
the cumulative effect of the scenes.
It is considered that the episode of Criminal Justice (Series 2), as broadcast on 15
August 2010, included infrequent depictions of violence that contained detail which
can be accommodated within the M classification.
Themes
The ABC Code provides that most themes may be dealt with in M classified programs,
but the degree of explicitness and intensity of treatment will determine what can be
accommodated in the M category.
The ACMA notes the complainant’s submission to the ABC that the program contained
themes that should not have been within a M classified program.
The central themes dealt with in the episode were the abuse suffered by the woman
that led to her stabbing her husband, and the resulting emotional trauma of the woman
and her teenage daughter. Specific scenes also dealt with the theme of self harm by
adults to deal with emotional distress and pain.
The emotional abuse suffered by the woman was implicit – the husband was shown
recording his wife’s movements including searching the history of her computer and
noting the speedometer of her car. The impact of the sexual abuse resides in the
realistic treatment of this violence (discussed above).
The impact of the self harm narrative largely resides in the realistic treatment of the
violence (also discussed above). While the main character does discuss self harm with
her cellmate as a mechanism to deal with pain, the intensity of treatment of this theme
was not at a high level.
It is therefore considered that the episode’s themes can be accommodated within the
M classification.
Sex
The ABC Code provides that in M classified programs, sexual activity may be
discretely implied.
The complainant asserts that the episode contained sexual activity, namely:
the sexual violence (described above in respect of violence)
sexual activity between two police officers and the female officer later commenting
that she’d had sex with her husband.
In response to the complainant, the ABC advised that instances of sexual violence or
coercion are treated as violence not sexual activity, and in this episode the woman’s
consent was questionable so the sexual activity was treated as sexual violence. The
ACMA agrees with this approach and has similarly discussed this scene under
violence.
ACMA Preliminary Investigation Report—Criminal Justice (Series 2) broadcast by the
ABC on 15 August 2010
With respect to the alleged sexual activity between the two police officers (at 29:05
minutes into the episode) the couple are shown in their bedroom, both of them
wearing items of clothing. The woman is lying on her back with her legs crossed and
held in the air by the man. The conversation discreetly implies that the couple have
just had sexual intercourse, and that the woman needs to remain in this position to
increase the chances of her becoming pregnant. As asserted by the complainant, later
the woman says to another police officer that she’d had sex with her husband.
No sexual activity was depicted on screen, and the references were sufficiently
discreet to be accommodated within the M classification.
It is considered that the episode of Criminal Justice (Series 2), broadcast by the ABC
on 15 August 2010, contained themes and infrequent depictions of realistic violence
with detail which can be accommodated within the M classification.
The delegate is therefore of the view that the broadcaster did correctly classify the
program in accordance with clause 6.2 of the ABC Code.
Signed: ___________________________
Jeremy Fenton
dated this day of January 2011.