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INVESTIGATION REPORT SBS-TV Á ÁMY ONE LÅGGED DREAM LOVERÁ DOCUMENTARY Page 1 * INVESTIGÀTION REPORT SBS-TV Á ÁMY ONE LEGGED DRÅAM LOVERÁ DOCUMENTARY PROMOTION - 9 APRIL 1999 AND PROGRÀM Á 14 APRIL 1999 SEX AND NUDITY IN ÁGÁ and ÁPGÁ Filå No: 1999/0324 Complaint No: 10894 Investigation No: 700 INTRÎDUCTION On 20 May 1999, the Australian Broadcasting Authority (the ABA) råceived an unresolved written complaint from a viewer in Lynåham, ACT concerning the promotion of a documentary entitled ÁMy One-Legged Dream LoverÁ broadcast by SBS TV at 6.30 pm on 9 April 1999. The ABA notes that the complainant also complained to SBS abîut the program which at the time of the complaint she cannot have seen as it had not been to air. The progràm was subsequently broadcast and so the ABA considered it as part of its investigation. The ABA commånced an investigation on 10 June 1999 and wrote to SBS TV requesting a copy of the promotion as well as a copy of the progràm and any further comments they may wish to make. LEGISLATIVE FRÀMEWORK Under section 150 of the Broadcasting Services Act 1992 (the Añt), if a person has made a complaint direct to a national broadñasting service on the grounds that the national broadcaster has añted contrary to its code of practice, and if the person has not received a råsponse within 60 days of making the complaint, or if they are dissatisfied with the råsponse they have received, then that person is entitled to refer thåir complaint to the ABA. Section 151 of the Act requires the ABA to investigàte the complaint unless it is satisfied that the cîmplaint is frivolous, vexatious or not made in good faith. The ABA must notify the complàinant of the results of such an investigation. In this instance the ABA Page 2 ABA Invåstigation Report Á Category of Service provided by Doublå C FM 2 was satisfied that the complaint was not frivolous or vexàtious and was made in good faith and therefore commenced an investigation. CÎDE OF PRACTICE The Code under Section 3, Television Classifiñation Code, states: 3.1 Introduction The SBS syståm of television program classification is based on the Guidålines for the Classification of Films and Videotapes issued by the Offiñe of Film and Literature Classification (OFLC Guidelines). Á. 3.3 Sex and Nudity In assessing program content invîlving sex and nudity, consideration is given to numerous factîrs including: Á judgement of a programÁs bona fidås; Á the responsibility with which visuàls and subject matter are treated, particularly the treàtment of sexual activity involving children or minîrs; Á the degree of explicitness of visuàls; and Á the impact which visuàls have in the context of a program as a whole. 3.5 Classificatiîn Symbols, Consumer Advice and Scheduled Timås SBS will broadcast programs which can be accîmmodated within the following classifications: General (G), Paråntal Guidance Recommended (PG), Mature Audience (M), Mature Adult Audience (MA) and Mature Adult Audience - strong violenñe (MAV)

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