Flash Dance 2 (1)

Channel Ten has been rapped over the knuckles by the regulator ACMA for televising subliminal advertising messages during its telecast of last year's ARIA Awards. So that's that. No more subliminal ads right? Well yes and no...

Media Watch broadcast here



And now for a very slow investigation into something very quick.

Almost a year ago, some observant viewers drew Media Watch's attention to something funny about Channel Ten's broadcast of the ARIA awards.

Rove McManus:
And the nominees are Gotye, 'Mixed Blood', The John Butler Trio, 'Grand National'...

- Channel Ten, The 2007 ARIA Music Awards, 28th October, 2008

Next watch the Media Watch story 'Flash Dance' from 2007 regarding Ten's broadcast of the 2007 ARIA Music Awards.

Did you see it? For two frames - about a twelfth of a second - the screen was filled by the logo of one of the ARIA sponsors, the Toyota Yaris.

Here it is in slow motion...

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The same technique was used 45 times during the two-hour show, to flash up the logos of various sponsors, including:

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KFC, Bigpond and Chupa Chups.

Most of them lasted only one or two frames, making them all but invisible. That's what's called subliminal advertising.

And, as Monica Attard pointed out last November, it appeared to be in clear breach of the Commercial Television Code of Practice, which says that broadcasters should not...

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"...use or involve any technique which attempts to convey information to the viewer by transmitting messages below or near the threshold of normal awareness."

- The Commerical Television Code of Practice


Monica Attard: It'd be interesting to see how the broadcasting regulator rules on it if any complaint gets that far.

- ABC, Media Watch, Episode 36, 5th November, 2007


The broadcasting regulator is ACMA - the Australian Communications and Media Authority.

It did in fact receive nine formal complaints about the ARIA broadcast, and last week, after a ten-month investigation, it found that:

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"The licensees are in breach of clause 1.8.4 of the code."

- ACMA Media Release, 8th October, 2008


Read ACMA's Media Release

Download the full ACMA ruling [2.5MB]

ACMA has slapped Network Ten on the wrist, and told it not to do it again.

Ten has told Media Watch that:

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"We fully accept the ruling."

- Email from Jeannette McLoughlin (Head of Corporate Communications, Channel Ten) to Media Watch, 10th October, 2008


Read Channel Ten's response to Media Watch questions

So that's that, you might think. No more subliminal ads.

Well yes, and no.

Because, after painstaking study, ACMA's come up with a bizarre piece of reasoning.

It's ruled that a two-frame flash like this... is 'near the threshold of normal awareness', and therefore outlawed.

But a three-frame flash - like this... is 'at or above' that threshold.

And in ACMA's world, something that is at or above the threshold isn't near the threshold.

So that this Yaris flash, which appeared later in the ARIA broadcast and lasts six frames, doesn't breach the Commercial TV Code of Practice, and is perfectly OK.

And that worries groups like The Parents Jury, which is lobbying to reduce advertising of junk food to children.

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"...this ruling opens the door for advertisers to promote unhealthy food and drink to children with a new subversive tool."

- Email from The Parents Jury to Media Watch, 10th October, 2008


Read The Parents Jury's response to Media Watch questions

They may well be right.

Rove McManus, for example, still likes flashing sponsors' names.

"Are You Smarter Than A 5th Grader?"

- Channel Ten, Are You Smarter Than A 5th Grader?, 2nd October, 2008


As well as the ARIA awards and his chat show, Rove's company produces a family quiz show for Ten.

Now watch this carefully:

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Rove McManus: ...we're gonna make your $10,000 $25,000... This is a very important part of the show...

- Channel Ten, Are You Smarter Than A 5th Grader?, 2nd October, 2008


Important is right. Did you see it? Watch the $25,000 graphic spin over when we play it again.

Rove McManus: So we're gonna make your $10,000 $25,000... This is a very important part of the show...

- Channel Ten, Are You Smarter Than A 5th Grader?, 2nd October, 2008


Get it this time? Not an ad for junk food - but for a rather expensive toy: Nintendo DS.

Before ACMA's ruling, Ten might have been worried that that was in breach of the Code of Practice. But not any more.

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"ACMA's report described content being on screen for three or more frames as being 'either at or above the threshold of normal awareness'.

"The Nintendo DS shots on 5th Grader are clearly visible, they appear on screen for twelve frames and are also accompanied by a sound effect to increase their impact."

- Email from Jeannette McLoughlin (Head of Corporate Communications, Channel Ten) to Media Watch, 10th October, 2008


So expect to see a lot more messages from sponsors flashed up on your screen from now on - and remember they can be as short as this:

If you couldn't read it, download it from our website, and slow it down.