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Ten guilty of subliminal advertising

October 08, 2008

NETWORK Ten used subliminal advertising during the 2007 Aria Awards, but the media authority will not penalise the broadcaster.

The Australian Communications and Media Authority (ACMA) today found Network Ten guilty of breaching the Commercial Television Industry Code of Practice during the broadcast of the 2007 ARIA Music Awards on October 28.

During the introduction of nominated artists for the October 2007 telecast, Network Ten broadcasted quick one-frame bursts of sponsor logos, which included Chupa Chups, Big W, Olay, Telstra Bigpond, KFC and Toyota.

The ABC's Media Watch program revealed the breach and ACMA received several complaints shortly after.

ACMA reviewed the material and found the "rapid-cut graphics used in the program was a technique that attempted to convey information to viewers below or near the threshold of normal awareness".

ACMA said Network Ten argued the rapid-cut graphics were intended to be creatively consistent with the fast-paced look and feel of the music presentations.

However, the authority today ruled against Network Ten and demanded it distribute the investigation report to production staff, not use the rapid cut technique again and highlight the code clause in their external production agreements.

ACMA also warned Network Ten not to use the technique for the upcoming 2008 ARIA Music Awards, scheduled for October 19.

"ACMA considers this action as proportionate given that this is the first breach of this kind by the licensee," the authority said in a release today.

"ACMA forewarns the industry that a future breach will result in significantly heightened compliance measures."

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