sbs melb - acma investigation report 2797/media/broadcasting... · web viewthere are other...

Investigation Report No. 2797File No. ACMA2012/584

Broadcaster Special Broadcasting Service (SBS)

Station SBS2, Melbourne

Type of Service National Broadcasting Service (Television)

Name of Program 13 Tzameti

Date of Broadcast 7 January 2012

Relevant Legislation/Code

Broadcasting Services Act 1992 Section 151

SBS Codes of Practice 2006 Code 1.7 (Suicide) Code 4.2 (Violence) Code 4.5 (Classification categories) Code 4.6 (Consumer advice) Appendix A (Guidelines for the Classification of Films and

Computer Games)

Investigation conclusion No breach of code 1.7 (Suicide) of the SBS Codes of Practice 2006

Breach of code 4.2 (Violence) of the SBS Codes of Practice 2006

Breach of code 4.5 (Classification categories) of the SBS Codes of Practice 2006

Breach of code 4.6 (Consumer advice) of the SBS Codes of Practice 2006

ACMA Investigation Report 2797 – 13 Tzameti broadcast by SBS on 7 January 2012

The complaintOn 12 April 2012, the Australian Communications and Media Authority (the ACMA) received a written complaint, via email, about the film 13 Tzameti which was broadcast by the Special Broadcasting Service (SBS) on 7 January 2012.

The complainant alleged that the program contained inappropriate depictions of violence and suicide.1

Not satisfied with the response provided by SBS, the complainant forwarded the matter to the ACMA for investigation.

The programSBS describes the film in the following terms:

The film, shot in black and white, is a thriller about a desperately bleak and ultimately tragic search for money by a destitute immigrant worker. That search leads him unwittingly into a game of Russian roulette. A group of men watch and lay sizeable bets on the participants in the game, who themselves gamble with their own lives until the last man is left standing.2

13 Tzameti was broadcast by SBS at 11.35 pm on 7 January 2012 with an M classification and consumer advice of ‘violence, adult themes and coarse language’.

It is noted that the film is in French and was broadcast by SBS with English subtitles.

The film was classified MA15+ by the Classification Board on 14 May 2008, with consumer advice of ‘strong themes, violence and drug use’.

AssessmentThe assessment is based on a copy of the relevant broadcast provided to the ACMA by SBS, submissions from the complainant and SBS, as well as a copy of the Classification Board report.

Relevant provisionsThe SBS Codes of Practice 2006 (the Code) contains the following provisions that are relevant in the matter raised by the complainant:

1 GENERAL PROGRAMMING

[...]

1.7 SUICIDE

Suicide is a legitimate subject for programming but one that should be portrayed with a high degree of sensitivity. Care should be taken to avoid describing or showing methods of suicide in any great detail. Program makers should be alert to the dangers of making such behaviour

1 The complainant also raised several issues which fall outside of the ACMA’s jurisdiction.2 As described in the broadcaster’s submission to the ACMA dated 30 April 2012.

ACMA Investigation Report 2797 – 13 Tzameti broadcast by SBS on 7 January 2012 2

attractive to the vulnerable. Where methods are described, program makers should have regard to context and editorial requirements.

[...]

4 TELEVISION CLASSIFICATION CODE

[...]

4.2 VIOLENCE

SBS acknowledges that violence is part of everyday life which must be dealt with responsibly. SBS recognises that for some people, particularly children, the portrayal of physical and psychological violence has a unique potential to distress and disturb. Accordingly, it is SBS policy not to present violence gratuitously.

In assessing program content involving violence, consideration is given to numerous factors including:

context;

degree of explicitness;

propensity to alarm, distress or shock;

significance in relation to the ‘message’; and

social importance of content.

SBS believes that violence should not be presented in such a manner as to glamorise it or make it attractive. It is important when violence is portrayed that, as a rule, its serious consequences are not glossed over.

Where violence is presented, SBS will, where appropriate, broadcast an advance warning to viewers. [...]

The presentation of violence in drama requires careful consideration. SBS rejects the use of violence as an easy substitute for other dramatic values. However, violence has always been a powerful ingredient in the dramatic tradition and SBS accepts that there are occasions when authors and directors use violence to make a substantial point about society and human relationships.

[...]

4.5 CLASSIFICATION CATEGORIES

[...]

M – Mature Audience

[...]

M, MA 15+ and MAV 15+ programs are those which, because of the material they contain, or because of the way the material is treated, are recommended for viewing only by persons aged 15 years or over. While most adult themes may be dealt with, the degree of explicitness and intensity of treatment will determine what can be accommodated in the M, MA 15+ and MAV 15+ classification categories.


M: The less explicit or less intense material will be included in the M classification. M programs may be shown between:

noon and 3.00pm on weekdays that are school days; and

8.30pm and 5.00am on any day of the week.

[...]

4.6 CONSUMER ADVICE

The reason for a M, MA 15+ and MAV 15+ classification will be shown before the program. [...]

APPENDIX A: GUIDELINES FOR THE CLASSIFICATION OF FILMS AND COMPUTER GAMES 2005

[...]

M – MATURE

Impact test

The impact of material classified M should be no higher than moderate.

Note: Material classified M is not recommended for persons under 15 years of age. There are no legal restrictions on access.

[…]

Themes

The treatment of themes may have a moderate sense of threat or menace, if justified by context.

Violence

Moderate violence is permitted, if justified by context. Sexual violence should be very limited and justified by context.

[...]

Complainant’s submissionsIn correspondence to SBS, dated 3 February 2012, the complainant stated the following:

[...]

The film should have been classified as a “snuff movie”. Its storyline was based on a KILLER GAME with voluntary suicide for monetary gain. It showed close-ups of men blowing each others’ heads off for monetary reward.

It portrayed terrifying, sickening, dark psychological torture & distressing gratuitous violence. It trivialised both life & violence. It included morphine injections to numb the “players” so that they could remain in “the killer game” of circular roulette with ever increasing financial stakes.

[...]

It portrayed SUICIDE without any great sense of sensitivity. It showed suicide in great detail & made the behaviour attractive to the vulnerable. If anything, it glamorised suicide.


I also question the M rating that was assigned to this film. The material was explicit and intense. It was threatening & menacing in the highest degree. It was not MODERATE in nature, or justified by the context. I suggest the film was broadcast strictly for its shock value & was listed under an incorrect classification.

In correspondence to the ACMA, dated 9 April 2012, the complainant stated the following:

[...]

I appreciate the SBS acknowledgement of the incorrect classification, but I also believe they have failed to live up to their own Charter3 [...]

I, for one, was not informed, educated or entertained by this film, I was shocked and revolted.

I ask that you please investigate and confirm:

[...]

- Review the new MA15+ re-classification, as I believe it is still too low.

Broadcaster’s submissionsIn correspondence to the complainant, dated 21 March 2012, SBS stated the following:

[...]

For the reasons provided below the broadcast of 13 Tzameti was found to have breached Code 4 (Classification) specifically Code 4.2 (Violence), Code 4.5 (Classification Categories) and Code 4.6 (Consumer Advice).

[...]

A lengthy section of the film involves the protracted game of Russian roulette which contains strong themes and strong levels of psychological violence, and therefore the film required the higher MAV 15+ classification. Although it was classified M by SBS and broadcast with consumer advice of “violence, adult themes and coarse language”, this was insufficient. It should have carried the higher MAV 15+ classification and the commensurate advice at the commencement of the broadcast. However, it was broadcast in an appropriate time zone for MAV 15+ films at 11.35 pm.

In relation to the suicide provisions in Code 1.7, a game of Russian roulette is a potentially lethal game of chance and is not suicide. Therefore this provision does not apply to this film in this instance. It was clear that the film was a fictional story and would have been reasonably viewed within that context. Further, the manner in which the various rounds of the game are depicted show clear visual restraint.

As a result of this breach finding, SBS has re-classified the film 13 Tzameti MAV 15+ for future broadcasts. SBS apologises to you for any distress you suffered as a result of the incorrect classification.

[...]

3 Refer Footnote 1.


In correspondence to the ACMA, dated 30 April 2012, SBS stated the following:

[...]

Comments in relation to Clause 1.7 (Suicide)

SBS considers that the suicide provision of the Codes of Practice does not apply to 13 Tzameti as there is no depiction of or reference to suicide in the film. The game of Russian roulette is deadly, however in the version depicted on 13 Tzameti no participant is taking their own life. They are participating in a deadly game of chance, in which all the participants aim at the man in front of them, until there is only one person left standing.

There are other versions of Russian roulette where participants place a gun to their own head. This is not the case in 13 Tzameti where the shootings are at all times directed at others.

Comments in relation to Clause 4.2 (Violence)

SBS Classification Department has reclassified 13 Tzameti as MAV 15+ and considered that:

[...]

The film contained only infrequent violence within the context of an illegal event staged for the benefit of wealthy gamblers. In this event, men are shown to participate in a modified version of Russian roulette. The depictions of shootings within this context are restrained, no detail being provided with respect to the impact of bullets. That is, where men are shown to be shot, the impacts of bullets are not signified by signs of bodily trauma or blood.

Given the absence of detail with respect to violence, this element of the film is comfortably no more than strong in impact.

The film contained no references to, or depictions of, suicide. It was clear from the film’s narrative that the participants within the game were not desirous of forfeiting their own lives; to the contrary, they appeared anxious to live. The involvement of these men in the game was a product of other factors, none of which was suicidal intention. As such, this element was comfortably no more than strong in impact.

The theme of death may readily be accommodated by the MAV15+ classification. Many films bearing lower classifications contain scenes featuring loss of life. In the absence of graphic images of violence or prolonged scenes of suffering, depictions of death are comfortable no more than strong in impact.

[...]

13 Tzameti contains strong themes; powerful men gambling on the lives of other men, who are in effect their mules in a deadly game of chance. There is only one winning team; the rich man makes more money, the mule keeps his life and gets some money, for the rest of the gamblers and mules there is either loss of life or loss of money. This game of Russian roulette is crucial to the film’s narrative.

The physical violence is restrained and not graphic; it is the psychological violence in the film which has the highest impact however this is strongly justified by context. [...] The overall impact of these scenes is further lessened by the absence of colour in the film and the general sense of unreality which palpably pervades the drama.


Comments in relation to Code 4.5 (Classification Categories) and 4.6 (Consumer Advice)

13 Tzameti was broadcast as an M program at 11.35 pm on a Saturday evening. [...]

SBS breached the program, considering on reflection that it should have been broadcast as an MAV 15+ program, and therefore the MAV 15+ classification symbol was required to be displayed at the start of the program. With respect to Code 4.6, the consumer advice used on 7 January would need to be strengthened to reflect the reclassification of the program.

Therefore should SBS rebroadcast 13 Tzameti, it will be broadcast as MAV 15+ with revised consumer advice of Strong Adult Themes, Violence and Drug Use.

[...]

FindingThe ACMA finds that the Special Broadcasting Services, in broadcasting the film 13 Tzameti on 7 January 2012:

Did not breach code 1.7 (Suicide) of the SBS Codes of Practice 2006.

Breached code 4.2 (Violence) of the SBS Codes of Practice 2006.

Breached code 4.5 (Classification categories) of the SBS Codes of Practice 2006.

Breached code 4.6 (Consumer advice) of the SBS Codes of Practice 2006.

ReasonsCode 1.7 (Suicide)

The Code contains specific requirements for depictions of suicide in programs.

The storyline of 13 Tzameti centres on a game of Russian roulette involving 13 male players. The players stand in a circle and each player is given a partially-loaded revolver to point at the back of the head of the man standing in front of them. The players pull the trigger on their guns simultaneously following a signal from the game facilitator. The game continues for several rounds until there are only three players left alive. The game has been organised by a group of wealthy men, who place monetary bets on which players will survive each round.

The main character, Sebastian, is an immigrant working construction jobs to support his family. He becomes a player in the game after he hears about an opportunity to make a large sum of money. He does not realise the opportunity involves playing Russian roulette until he arrives at the venue for the game and it is too late to back out. The film does not explore the motivation behind the participation of the other players in any detail. It is not explicitly stated nor insinuated that any of the players are participating because they feel suicidal. A number of players appear frightened and reluctant to participate. In between game rounds, players are depicted sweating, shaking and taking morphine to reduce their nerves.


Russian roulette is generally considered to be a game of chance and, if money is waged on the outcome, a type of gambling. The ACMA acknowledges that Russian roulette may be used to facilitate suicide; however this is not the case here, given the treatment in the film. There is nothing in the film to indicate that the players are suicidal or intentionally trying to die. It is also noted that the Classification Board report does not refer to suicide. Accordingly, the ACMA does not consider the film to contain depictions of suicide.

Therefore, SBS has not breached code 1.7 of the Code.

Codes 4.2 (Violence), 4.5 (Classification categories) and 4.6 (Consumer advice)

SBS has admitted breaching codes 4.2, 4.5 and 4.6 of the Code.

The SBS system of television classification is based on the Guidelines for the Classification of Films and Computer Games 2005 (the Guidelines). The Guidelines are also used by the Classification Board when it classifies films.

13 Tzameti was classified MA15+ by the Classification Board on 14 May 2008 with consumer advice of ‘strong themes, violence and drug use’. The Classification Board decision report4 stated that:

[...]

In making this decision, the Classification Board has applied the Classification (Publications, Films and Computer Games) Act 1995 (the Classification Act), including the matters set out in sections 9A and 11 of the Classification Act, the National Classification Code (the Code) and the Guidelines for the Classification of Films and Computer Games 2005 (the Guidelines).

In the Board’s view, this film warrants an MA15+ classification as, in accordance with item 4 of the films table of the National Classification Code, it is unsuitable for viewing by persons under 15.

[...]

The film contains strong themes that are justified by context.

The main protagonist in the film, an unnamed male with the number 13 on his shirt, is forced to take part in a game of Russian roulette with twelve other men. A group of other men bet large sums of money on who will survive each round. Each of the men is given a partially-loaded revolver and as they stand in a circle they point their guns at the back of the head of the person standing in front of them. Following the first round, in which three of the contestants are implicitly killed, ‘13’ has yet to pull his trigger. A male points his gun at 13’s head and forces him to pull the trigger. ‘13’ is relieved when the gun doesn’t fire.

4 Classification Board Report T08/1660 dated 14 May 2008.


The game continues until there are only four contestants left, and two of them – numbers 13 and 16 – are drawn to face each other in the final round whereby they point their guns at each other’s foreheads. In each round, the contestants are told to load their guns, spin the cylinder containing the bullet, and point the gun at another male’s head. They are then told to wait until a light bulb comes on, and then fire. The tension builds as the contestants wait for the light to be turned on, with their hands shown trembling and the sound of their breath amplified. The impact of these scenes is heightened by the coldhearted attitude of the people organising and watching the game. They are shown to be more concerned about losing their bets than they are about the lives of the participants. The fact that ‘13’ realises that he has to potentially kill other people as well as risking his own life results in a strong viewing impact.

[...]

The film contains violence that is strong in impact and justified by context.

Although the impact of the implied shooting deaths of the contestants in the Russian roulette game is mitigated by the fact that the film is shot in black & white, the cumulative impact of all of the scenes of implied shooting is strong. At approximately 44 minutes one male is shot in the head with a small blood spray briefly visible. At approximately 72 minutes ‘13’ steps over the bodies of dead men who are covered by plastic sheets. One of the males is shown with a bloody bullet wound on his forehead. The callous nature of the shootings, in which the men deliberately point their guns against other men’s heads and pull the trigger for money, also heightens the viewing impact of the violence.

[...]

The film contains drug use and drug references that are strong in impact and justified by context.

[...]

SBS broadcast the same version of the film5 classified MA15+ by the Classification Board. Accordingly, the ACMA is satisfied that SBS breached code 4.5 of the Code.

The consumer advice of ‘violence, adult themes and strong language’ provided by SBS at the commencement of the broadcast did not reflect the strong impact of the classifiable elements in the film. Accordingly, the ACMA is satisfied that SBS breached code 4.6 of the Code.

It is noted that the Classification Board considered the film to contain ‘violence that has a strong impact’, among other things. SBS has also acknowledged that the film contained ‘strong levels of psychological violence’. Given the circumstances of the broadcast, specifically that the film was incorrectly classified and appropriate consumer advice for violence was not provided, the ACMA is satisfied that SBS also breached code 4.2 of the Code.

Action takenFollowing its own investigation of the complaint, SBS immediately referred the matter to all relevant staff. These discussions addressed the error and how the breach should be dealt with. On 30 April 2012, SBS submitted to the ACMA that it will:5 SBS provided confirmation to the ACMA on 23 May 2012 that an unedited version of 13 Tzameti

was broadcast on 7 January 2012.


re-classify the film MAV15+ and provide appropriate consumer advice, if rebroadcast.

The ACMA is satisfied that SBS has appropriate policies and procedures in place and that this breach was the result of oversight. Accordingly, the measures taken by SBS are sufficient to address the compliance issues raised by the investigation. The ACMA will continue to monitor SBS’s performance in this regard.


sbs melb - acma investigation report 2797/media/broadcasting... · web viewthere are other...

Documents