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Nine questions ACMA ruling on gay sex scene

EXCLUSIVE: ACMA is set to rule a gay sex scene in Dante's Cove too hot for MA classification, but Nine is asking why male / female scenes are ok and male / male isn't. Warning: photos contain nudity.

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2015-07-09_1428EXCLUSIVE: An episode of gay ‘gothic-soap’ Dante’s Cove which aired on GO! and is set to be ruled a breach of the Code of Practice has left the Nine Network wondering if ACMA has ruled unfairly because it simulates male / male sex rather than male / female.

A scene in the first episode in which two males simulate intercourse has been ruled too hot for the MA classification under which it was screened last December.

TV Tonight understands the Australian Communications and Media Authority is about to issue a breach of the Commercial Code of Practice.

But Nine is questioning the decision-making and points out that similar depictions between males and females have been aired without incident.

Nine says Dante’s Cove, produced by US gay cable network Here!, was passed by the Film Classification Board with an MA rating for its violence while the sex scenes were deemed to fall under an M category. On GO! it aired as MAV, the equivalent of the higher classification.

But ACMA is believed to have ruled the sex scene a breach of the MA classification while passing the violence.

Richard Lyle, Nine’s Chief Classification Officer told TV Tonight, “We told them we were relying on the Classifications Board viewing of it and the fact they gave it MA for the violence and noted that the sex scenes could be contained at M. We nevertheless maintained the MA classification, which is AV for television.

“We felt the sex scenes could be contained at MA given the Classification Board said it was contained at M,” says Lyle.

“Film at the M level says sexual activity must be discreetly implied and justified by context. Television at the M level says visual depiction of sexual behaviour may only be implied or simulated in a restrained way. It’s the virtually the same thing with a few more words.”

Lyle says the standard for such sex scenes is to not show detailed genital areas or penetration. While the actors can turn on their best acting skills, visuals have to be restrained.

“You don’t actually show them doing the deed so clearly, that you know they’re not acting.”

But Lyle says other scenes on television have included similar male-female depictions without any breach including an episode of Sex and the City in which Charlotte tried rear-entry sex.

“What annoyed us was we’d shown exactly the same visuals implying rear entry intercourse between a male and a female.”

Lyle believes the ACMA decision has being influenced by the fact the characters were both male.

“The Code doesn’t say anything about the gender of the people participating in the sex scenes as it shouldn’t. It’s completely gender neutral,” he said.

“We said to them ‘You’re overweighting this and bringing, unintentionally, a kind of homophobic judgment into it …because it’s male on male sex you’re judging it differently than if it was male on female.’ They denied it, but I can’t help but feel there is a bias whether they’re aware of it or not.

“We asked if they were sure they weren’t lending more weight to it because they were seeing two men have sex rather than male with female.”

ACMA denied it had influenced their decision.

TV Tonight understands a number of classification officers at Free to Air networks are concerned about an increasing trend where series classified MA by the Classification Board are being found not suitable for television by ACMA.

Dante’s Cove has finished its current run on GO! Lyle says some later cuts were made to the second season due to receiving an R Classification from the Classifications Board.

He also indicated Nine had received just 13 written complaints.

The breach of the Code by ACMA is expected to be issued soon.

59 Responses

  1. I saw this episode a few years back and I wonder if it has anything to do with the fact that one of the males is quite well endowed and it is clearly visible. Double standards here I think.

  3. I have to agree here with some of the confusion. I found Sex and the City just as explicit – I do remember the scene with Charlotte – and also, what about the time when Samantha was having a threesome with the two guys? Were there complaints made about them? (I”m seriously asking, so if I’m wrong, I do apologise). True Blood – if that’s shown uncut (I don’t have Foxtel so I don’t watch it but have the dvds) – then were are the complaints onthat one? It is just as explicit – good luck finding a five minute excerpt without some explicit sex in it – hello, doing it hanging from a meat hook in the first ten minutes of episode one?! Getting pretty sick of parents always complaining when their child has been “exposed” to something – as parents, isn’t it your job to monitor what your kids watch? I’ve got friends who have young kids – they won’t let us put The Simpsons on when they visit our place – which I have no issue with, because they are taking responsibility for what their kids watch – I just ask them to bring some kid friendly dvds.

    I also think the violence being shown at 8:30pm is far more disturbing than the sexual content past 10:30pm – just look at the situation in the UK at the moment with the “child killers” allegedly reoffending – there are several psychological and psychiatric reports stating that the children were directly affected by violence in films.

  4. “TV Tonight understands a number of classification officers at Free to Air networks are concerned about an increasing trend where series classified MA by the Classification Board are being found not suitable for television by ACMA.”

    I agree 100%. Look at Californication — Ten were found to be in breach of the MA15+ guidelines despite heavily editing certain episodes. Yet the DVDs are fully uncut at MA15+ according to the Classification Board.

    Meanwhile, step outside of free to air TV and look at Foxtel and iTunes — they can do whatever they want, ie True Blood, which airs uncut with an MA15+ despite the Classification Board giving it an R18+

  5. I wish when you make a complaint to about breeches. You must declare your religion and this is compared to other reports

    In other words you don’t have only 10 Christian complaining. It’s better to have broad view of religions

    Like what you doing up late at night watching a gay show thats produced by a gay television studio in the USA

  7. at least the acma isn’t as bad as Malaysia, i just read an article that says that on Malaysian tv homosexual characters can only be shown if they are portrayed negatively and if the character either, admits his sins or turn straight wtf!

  9. in my view classifications should be there to inform parents what shows are and are not suitable for children, there role isn’t tell tell adults what they should and shouldn’t watch. if there was a scene like this in neighbours, obviously it would be inappropriate, but dante’s cove is obviously for adults so i fail to see who the acma think there protecting.
    Good to see nine questioning the acma.

  10. So let’s get this straight (pardon the pun).
    Nine is saying that there is double standards, because a straight sex scene would be allowed and not a gay one and yet Nine edited out two guys kissing for their Perfect Couple show, but are now fighting the good fight for gay rights.

    Seems Nine has double standards, in that they’re trying to be seen to be fighting for a cause, because it’s on lesser rating channel in Go! and not wanting to offend the a larger blue rinse audience watching Nine.

  11. I agree with the comments re violence being ok. What a strange society we live in when 2 people having sex is considered more offensive then the copious amounts of violence and blood shed we see in the likes of Criminal Minds (one of my favorite shows btw)

  14. I’m sorry, I’m going to have to finish reading this article at home. I’m a little concerned about my work mates seeing gay sex pictures on my screen! 😀

  15. Can we complain to the ACMA about the ruling, because i’d sure like to. The show is hardly breaking any new ground in regards to showing explicit sex scenes. Why is it sudeenly unacceptable? Next they’ll have warnings for programs…’warning contains homosexual activity’.

    Good on Nine for sticking up for the show, and against homophobia (must admit surprising from Nine).

    And agree, good on ya David for having the guts to post the pics too.

  17. well done to Nine for fighting this. I’m sure it’s very self-serving but anything to bring light to the discrimination of gay and lesbian Australians is good in my book

  18. Shouldn’t they be more concerned about the extreme violence that is allowed to be shown at 8:30pm?

    CSI, Bones, Criminal Minds shows far more unpleasantness than 2 men having sex.

    A very homophobic decision IMO.

  20. what ??? … they are only reviewing the opening scene !!… have they not watched all the episodes that followed ???…. dante’s cove is basically soft gay porn dressed up in some riduculous supernatural story with bad acting and cheesy dialogue that wouldn’t even make it through a porn movie (gay or straight !!)…. dont get me wrong I love dante’s cove but it comes as no suprise that they are doing this… and David your a legend mate not only for highlighting this article but including said opening scene in the pics … now that takes some balls to do (pardon the pun) 🙂

  21. what a bunch of homophobic people. sex and the city had similar scenes so what is the difference. and it was on late and it had warnings too at the start of the show about what it contained.

  23. Is there a difference between an episode of a TV Series being classified M and a theatrical film being classified M?

    i.e. Sopranos DVD’s are rated MA; Does 7TWO have to edit these episodes despite airing in an MA appropriate slot?

    I hate ACMA their rulings are stupid; if we can’t have an MA program airing at 10.30 at night then we have a problem.

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