Investigation Report N

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  No breach of clause 2.3 (classification of films) of the Commercial Television Industry Code of Practice 2010.
  

On 8 June 2011 the Australian Communications and Media Authority (ACMA) received a written complaint about a film titled Mogambo which was broadcast by WIN Television VIC Pty Ltd (VTV) on 5 March 2011.

The complainant states that the film contains an ‘onscreen shooting of animal...’.

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

The film was classified PG with the classification and consumer advice of adult themes (text and voice-over) provided at the commencement of the film on 5 March 2011 at 2.30 pm.

The assessment is based on a copy of the relevant broadcast provided to the ACMA by the licensee. Mogambo was provided in two parts (on one DVD) and included moments of blank black screens at regular intervals. In addition, the assessment is based on the submissions from the complainant and licensee, and a copy of the Classification Board report for the film.

The Commercial Television Industry Code of Practice 2010 (the Code) contains the following provisions that are relevant in the matter raised by the complainant:

2.3. Films: are classified according to the National Classification Board Guidelines.

The Guidelines for the Classification of Films and Computer Games (the Guidelines) contain the following provisions that are relevant in the matter raised by the complainant:

PG – Parental Guidance

Impact test

The impact of the classifiable elements for material classified PG should be no higher than mild.

[...]

Importance of context

Context is crucial in determining whether a classifiable element is justified by the story-line or themes.

[...]

Classifiable elements

Themes

The treatment of themes should generally have a low sense of threat or menace and be justified by context.

[...]
2.20.2 Consumer advice is mandatory for all PG films (as the term film is defined in

[...]
Complainant’s submissions

In the complainant’s correspondence with the licensee, dated 5 March 2011, the complainant states that:

‘A black big cat was actually shot and killed in the making of this film and this killing was actually shown as part of the 'entertainment'.

In the complainant’s correspondence with the ACMA on 8 June 2011, the complainant states that:

‘A big cat - a panther? Was shot onscreen as part of the 'entertainment' (how many panthers were shot before the 'shot' was right?) Win's excuse was that this was a long time ago....’

Licensee’s submissions

The licensee in its response to the complainant, dated 2 April 2011, stated that:

[...]
‘The Movie is the 1953 Movie starring Clarke Gable, Ava Gardner and Grace Kelly. It was classified PG and contained Adult Themes. At the commencement of the Movie Consumer Advice and a Viewer Warning regarding the content of the Movie was broadcast. We note that this broadcast was 58 years after the movie was made.
We do not believe that the broadcast of the Movie was illegal, it was broadcast in accordance with the Commercial Television Industry Code of Practice.’
[...]

Finding

The ACMA finds that the licensee complied with clause 2.3 of the Code by broadcasting Mogambo with a PG classification and the consumer advice of ‘Adult themes’ on 5 March 2011.

The Code states that films should be classified in accordance with the Guidelines.

The Guidelines, stipulate that for content classified PG:

• 
  The impact test of the classifiable element for material classified PG should be no higher than mild;
  
• 
  The treatment of themes should generally have a low sense of threat or menace; be justified by context.
  

The Classification Board classified the film Mogambo PG with the consumer advice of ‘Adult themes’ on 11 November 1992.

At approximately 46:27, minutes a female character is shown falling into a trap. The camera focuses on a black leopard. The scene is accompanied by the sound effect of female’s scream and the leopard’s growl. The camera cuts to focus on the leopard walking along a branch presumably towards the trapped female. The camera subsequently cuts to focus on the lead male character (Clark Gable) aiming and implicitly shooting the leopard. The leopard is seen to stumble and fall from the branch. The female is rescued.

The scene is approximately 30 seconds in duration. There are no visual depictions of the leopard following its fall from the branch. There is no injury or blood detail shown.

At approximately 1:55:17 hours (32 minutes within the second part of the film), a gorilla is shown threatening to attack a male character. The camera focuses on a charging gorilla. The camera cuts to a male character screaming for assistance and then cuts to the lead male character (Clark Gable) who is shown to fire a single shot. It is implied that this is at the charging gorilla. The gorilla is depicted moving away from the male characters. The male is rescues. The subsequent scene depicts the shooter, who is clearly distressed, standing over the gorilla’s lifeless corpse. There is a very brief close up of the gorilla.

The scene is approximately 30 seconds in duration.

It is considered that the viewing impact of the two scenes is mild given the lack of visual depictions of injury, the age and stylised nature of the film, the absence of blood detail and the brevity of the two scenes.

The Guidelines state that ‘Context is crucial in determining whether a classifiable element is justified by the storyline or themes... This means that material that falls into a particular classification category in one context may fall outside it in another’.