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Broadcasting Decision CRTC 2003-112
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Ottawa, 9 April 2003
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CTV Television Inc.
Across Canada
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The Commission finds that CTV Television Inc., by airing The Sopranos, breached neither the Broadcasting Act nor the Television Broadcasting Regulations, 1987
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In this decision, the Commission deals with a complaint from a viewer relating to the broadcast by CTV Television Inc. (CTV) of The Sopranos. The complainant alleged that the series presented a negative portrayal of Italians. The Commission finds that CTV's broadcast of eight episodes of The Sopranos series in September 2000 was not inconsistent with the high standard provision of the Broadcasting Act and did not breach the prohibition against abusive comment contained in the Television Broadcasting Regulations, 1987.
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Introduction
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The initial complaint
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1.
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On 1 August 2000, an Ontario resident (the complainant) wrote to CTV Television Inc. (CTV), asking this licensee to reconsider its decision to air the U.S. drama series The Sopranos during the then-forthcoming fall season. The complainant expressed the view that the series, overall, was offensive and constituted negative stereotypical programming about Italians. The complainant was concerned about what she alleged was the "constant bombardment of negative images that supposedly represent characters of Italian heritage, and specifically the representation of always linking Italians to the mafia".
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2.
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Before receiving CTV's reply, the complainant asked the Canadian Broadcast Standards Council (CBSC) to intervene in the matter. The complainant reiterated the opinion that the series contravened broadcasting standards as a consequence of its portrayal of ethnic stereotypes and ethnic heritage.
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CTV's response
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3.
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CTV replied to the complainant on 24 August 2000, and expressed its position as follows:
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I am afraid that we must agree to disagree about 'The Sopranos' which we see, not as a statement that Italians are mobsters; but as a work of imagination about the human condition; and about people struggling to fulfil themselves; and to find a better place for themselves and those closest to them. Certainly, the characters are Italians, and many of them are criminals. The genius of this program series is that it draws the universal out of the particular, so that we see that in some way, we are all 'The Sopranos'.
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We are aware that 'The Sopranos' is controversial among people of Italian background. Many, like you, disapprove of the program. Others, including the creative team who imagined and realized it, do not.
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We do respect your opinion and your determination. Nevertheless, 'The Sopranos' is an excellent critically-acclaimed drama, the winner of many creative awards, respected for its artistry, loved by viewers who have had the chance to see it. It has earned these laurels precisely because it is not stereotypical. We cannot censor this program because some people believe, however sincerely, that the program sends a message that they abhor.
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4.
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Between 17 September and 1 October 2000, CTV proceeded to broadcast thirteen episodes of The Sopranos, each beginning at 10:00 p.m., and each of roughly one hour's duration.
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5.
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The CBSC received complaints from 138 individuals concerning the CTV's broadcast of this drama series. Ten of these complaints, including one filed by the complainant, requested that the CBSC issue a ruling on the concerns raised.
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The CBSC's determination
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6.
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Upon receipt of these complaints, a CBSC panel viewed eight episodes of The Sopranos aired by CTV during the 2000 season1. On 8 March 2001, the CBSC issued its decision (CTV re The Sopranos, CBSC Decision 00/01-0130+). The CBSC found in its decision that the series did not violate any of the program content obligations of the broadcasting industry codes, with the exception of a violation of the viewer advisory requirement of the Canadian Association of Broadcasters' Voluntary Code Regarding Violence in Television Programming (the CAB Violence Code). Specifically, the CBSC reached the five following conclusions:
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The Sopranos did not constitute abusive and discriminatory programming contrary to Clause 2 of the CAB Code of Ethics;
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- the coarse language used in The Sopranos did not contravene the CAB Violence Code;
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- the use of violence in The Sopranos did not contravene the CAB Violence Code;
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- the presence of nudity and sexual activity in The Sopranos did not contravene the CAB Sex-Role Portrayal Code for Television and Radio Programming; and
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- viewer advisories were not aired following each commercial break. In this regard, the CBSC found that CTV did not broadcast viewer advisories frequently enough to allow viewers to make informed programming decisions and, as a result, found CTV to have violated Article 5.1 of the CAB Violence Code.
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7.
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In reaching the first of these five conclusions, the CBSC emphasized that the series is about "criminals acting as criminals, not about criminals acting as Italians". The CBSC further noted the following:
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.there is not any characterization of Italians as bad, evil, nasty, despicable individuals. To the contrary. Apart from the criminal elements in the story, the household family, Tony and Carmela Soprano, Meadow and Anthony Jr., represent very strong family values.. [The series] is an entire perspective of the good and the bad, seen as a whole, the domestic and "business" sides of the life, it should be remembered, of one family, not an entire community.
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8.
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In light of the last of the five conclusions noted above, the CBSC required CTV to announce the CBSC decision during prime time within three days following the release of the decision. CTV was to repeat this announcement once more within seven days following the release of the decision during the time period in which The Sopranos was broadcast. By letter dated 22 August 2002, CTV indicated to the Commission that it had complied with the CBSC decision by broadcasting the announcement as directed. CTV also confirmed that it now airs advisories at the beginning of the program and after each commercial break, and continues to schedule the program during adult viewing hours.
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Request for a Commission review of the CBSC decision
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9.
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On 18 June 2001, the Commission received a request that it review the CBSC's decision. The request was filed by the same Ontario resident who had lodged the initial complaint with CTV on 1 August 2000. The complainant advised the Commission that she was dissatisfied with the CBSC decision and requested that the Commission address, in particular, the issue of the alleged negative ethnic stereotyping of Italians in the series, and the specific linking of Italians with mob characters.
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10.
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The complainant expressed several other concerns with respect to the CBSC's decision. For example, the complainant objected to what she considered the lack of ethnic diversity on the CBSC panel and alleged that the CBSC had not solicited any feedback from the Italian community before it made its decision. The complainant also took exception to the language used in the CBSC decision. The complainant alleged that the use of "lingua franca" and "paterfamilias" in the decision implied knowledge of Italian culture, and that the CBSC panel members may have "liked the show even prior to them trying to be fair and unbiased". Finally, the complainant alleged that not all the issues raised and documents filed were referenced in the CBSC decision and may have been ignored.
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11.
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Mr. Ron Cohen, National Chair of the CBSC, in a letter dated 9 July 2001, addressed the concerns raised by the complainant in her 18 June 2001 letter. With respect to the cultural diversity of the CBSC panel, Mr. Cohen explained that "the quality of the people (who do include ethnically diverse representatives) on the CBSC panel is such that they are easily able to distinguish between right and wrong without being members of the 'wronged' group". As for the alleged lack of feedback from the Italian community, Mr. Cohen explained that the CBSC, when dealing with human rights issues, does not make decisions based on the number of complaints, but rather on whether there has been a violation of one of the industry codes.
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12.
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With respect to the specific words used in the decision, Mr. Cohen replied that the words have to be taken in context. In addition, he stated that liking or disliking a show is irrelevant since the issue was whether the CAB codes had been breached or not. With respect to the allegation that supplementary information and some issues were ignored, Mr. Cohen responded that the documentation on the attitudes towards Italians in North America, while interesting, did not bear on the panel's interpretation of the codes. As well, Mr. Cohen noted that not every issue needed to be enumerated to reach a conclusion, and that doing so would have made the decision unwieldy.
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13.
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CTV did not file any further submission in response to the 18 June 2001 complaint.
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The Commission's analysis
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14.
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In disposing of the complainant's allegations, the Commission based its analysis on the same eight episodes from the 2000 season that had formed the basis of the CBSC's determination.
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15.
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The Commission notes that The Sopranos is a television drama series about mob life. The episodes under review centre on the fictional character Tony Soprano, who heads a mob crime family. The storylines shift back and forth between Tony's troubled personal life, his business and his involvement in crime. The episodes under review, which contain some scenes of violence, portray Tony Soprano as a complex personality with both good and bad characteristics. Not unlike the characterization of family life in many other television dramas, Tony Soprano's family life seems in constant crisis, giving rise to numerous storylines unconnected to the mob scenario.
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16.
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The episodes under review include a variety of characters that are of Italian origin or have Italian surnames. These include members of Tony's family, his psychiatrist, various gang members, business associates, and the restaurateur Artie and his wife. The episodes also include characters who are not Italians, such as the members of other criminal gangs.
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Negative ethnic stereotyping of Italians
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17.
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According to the complainant, The Sopranos contains negative ethnic stereotyping of Italians and, more specifically, links Italians with characters who are mob criminals. The Commission examined this issue in the context of the high standard provision of the Broadcasting Act (the Act) and the abusive comment prohibition contained in the Television Broadcasting Regulations, 1987 (the Regulations).
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High standard
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18.
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Section 3(1)(g) of the Act states that "the programming originated by broadcasting undertakings should be of high standard". When assessing whether section 3(1)(g) of the Act has been breached, the Commission's approach has been to examine the concerns that have been raised within the context of the program (or series of programs), taken as a whole.
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19.
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Having considered the episodes in question, the Commission notes that characterizations of individuals in The Sopranos vary. Not all characters in the episodes, and in particular, not all characters who are negatively portrayed, are Italians. Nor are all characters portrayed as criminals. Examples of characters not involved in criminal activity would include the restaurateur Artie and his wife, as well as Tony Soprano's psychiatrist and his neighbours. While certain actors are cast as Italians involved in criminal activity, some of them, such as Tony himself, nonetheless exhibit strong, positive, socially acceptable values. Other Italian characters, such as Tony's psychiatrist and the teachers of the Soprano children, are portrayed in positive roles. Moreover, some criminals in the series, including certain of Tony's rivals, are not portrayed as Italians. In fact, the episodes portray some characters of other ethnic groups in a positive light, and others in a negative light.
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20.
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The Commission further notes that, overall, in the context of these eight episodes, there are no gratuitous personal attacks on individuals of Italian or any other descent, or groups of persons. The Commission is therefore of the view that the episodes under consideration, taken as a whole, do not reasonably lead to a conclusion that all Italians are criminals or members of the mob.
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21.
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The Sopranos is a work of fiction that is intended for an adult audience. CTV's decision to broadcast The Sopranos at 10:00 p.m. is therefore appropriate. Moreover, the steps it has taken to broadcast more frequent advisories during the program, following the CBSC's decision, have helped to ensure that its programming would meet the high standard provision of the Act and the licensee's obligations under the CAB Violence Code.
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22.
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In light of the foregoing, the Commission finds that the characterization of Italians in these episodes of The Sopranos was not inconsistent with the high standard provision contained in section 3(1)(g) of the Act.
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Abusive comment
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23.
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The Commission also reviewed the complaint in light of the abusive comment provision of the Regulations. The provision reads as follows:
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5(1) A licensee shall not broadcast
(b) any abusive comment or abusive pictorial representation that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability.
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24.
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The Commission notes that the CBSC, in reaching its determination, made the following comment about the CAB Code of Ethics, which contains a provision that is similar to the abusive comment provision of the Regulations:
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The show's view is not, as noted above, limited to the criminal activities. It is an entire perspective of the good and the bad, seen as a whole, the domestic and "business" sides of the life, it should be remembered, of one family, not an entire community. And that family is hardly representative. It is, on the business side of its paterfamilias, a criminal family. It is not everyfamily. Nor is there any indication that the creators or broadcasters propose that their view of this family ought to be extended beyond its own boundaries. The Panel does not consider that there has been any attempt whatsoever to suggest that the creators' or broadcaster's view of this microcosm is to be understood as reflective of the nature, habits or practices of an entire people. Accordingly, it does not constitute abusively discriminatory comment and is not in breach of the CAB Code of Ethics. [original emphasis]
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25.
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The Commission considers that the issue is not that a particular ethnic group is portrayed in a series, but whether the portrayal of that group is abusive, and thus exposes members of the group to hatred or contempt. The Commission notes in this regard, as did the CBSC, that the eight episodes of The Sopranos under examination portray members of a family (Tony Soprano, his wife, children and others), and members of a criminal mob, who are undeniably of Italian origin. The Commission also notes the CBSC's conclusion that "the mere mention of Italians (or any other national or ethnic group) does not constitute a breach of the human rights provision of the [CAB Code of Ethics]". Similarly, the Commission considers that the mere mention of a particular national group does not constitute a breach of the abusive comment provision of the Regulations.
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26.
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The same considerations discussed above, and which led the Commission to conclude that the high standard provision was not breached, are also relevant to a determination of whether the episodes in question breach the regulatory prohibition against abusive comment. Thus, even though there is, at times, some negative mention of Italians, not all characters are Italians, nor are only Italian persons portrayed in a negative light. Persons of Italian and other ethnic origins are positively and negatively portrayed. Further, not all behaviour portrayed is criminal behaviour.
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27.
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For these reasons, the Commission considers that the negative portrayal that is present in The Sopranos is not unduly abusive towards Italian persons, nor such that it would tend to expose Italians, or persons of Italian descent, to hatred or contempt. The Commission further considers that, taken in context, the eight episodes of The Sopranos in question do not cross the line into abusive comment, since they do not depict Italians in a way that would expose them to hatred or contempt on the basis of their ethnic origin. Accordingly, the Commission finds the characterization of Italians in the episodes of The Sopranos under consideration by the Commission does not violate section 5(1)(b) of the Regulations.
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The CBSC process
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28.
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The Commission does not share the complainant's concern about the CBSC process. Further, the Commission considers that Mr. Cohen, the CBSC's National Chair, has satisfactorily addressed the issues raised by the complainant regarding the CBSC process in his response to the complainant dated 9 July 2001.
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29.
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The Commission first endorsed the CBSC process in Canadian Broadcast Standards Council, Public Notice CRTC 1991-90, 30 August 1991. In addition, the Commission receives and reviews reports from the CBSC annually. Over the years, the Commission has found the CBSC process to be a valuable tool in building bridges between broadcasters and the communities they serve.
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30.
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The Commission considers that the published determination of a decision-making body, such as the CBSC, need not contain reference to every document or matter before that body in a particular case. Nor need the determination deal in writing with every issue raised, as long as the central questions are addressed. The fact that a determination may not mention every document received does not mean that any document has not been considered.
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Conclusion
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31.
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Having examined the eight episodes of The Sopranos that had been reviewed by the CBSC, and having also considered copies of all of the documents that the complainant had sent to the CBSC, the Commission finds that CTV's broadcast of these episodes was not in violation of either the high standard provision set out at section 3(1)(g) of the Act, or the abusive comment prohibition set out in section 5(1)(b) of the Regulations.
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Secretary General
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca
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Episodes of 17, 18, 19, 21, 22, 24, 27 and 28 September 2000.
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Date Modified: 2003-04-09