Liberal Party MP Melissa McIntosh has lodged a formal complaint with the Australian Broadcasting Corporation regarding Tony Armstrong's one-off satirical special, Always Was Tonight. The shadow communications minister has written directly to ABC managing director Hugh Marks, demanding a full investigation into the programme that aired on 21st January.
Contentious segment sparks political controversy
The complaint centres on the show's closing segment, which featured primary-school age children singing a song about Indigenous incarceration rates. The children performed I Shouldn't Call This Place Home to the tune of Peter Allen's iconic anthem I Still Call Australia Home, while filmed inside a prison complex with one child wearing a spithood.
Armstrong introduced the segment by highlighting that "in almost all of this country [with the exception of Victoria and the ACT], the age of criminal responsibility is just 10 years old. This is a crackdown on black kids who are 21 times more likely to be in prison than other kids." He added that "on an average night, like tonight in Australia, 35 Indigenous kids under 13 years old will be incarcerated."
Charter breach allegations and political response
McIntosh's complaint argues the content may have breached the ABC's content, broadcasting and editorial responsibilities. Her letter states: "[The ABC] has an important duty as a trusted public institution to protect our multiculturalism, promote social cohesion, and not seek to broadcast content that divides our nation."
The Liberal MP specifically referenced recent national events, writing: "In the light of the horrors that have confronted Australians over the last month from the Bondi terrorist attack, now more than ever we cannot tolerate offensive content which stokes further division."
McIntosh further claimed that "the knowledge that the child actors used in the segment would have been encouraged and coached to depict such scenes was grotesque and a clear contravention of the ABC's Code of Practice."
Political divisions emerge over programme
The Greens have strongly defended Armstrong and his programme, with communications spokesperson Senator Sarah Hanson-Young describing the show as "the ABC at its cutting-edge best." She stated: "If we cannot make fun of ourselves and make fun of the exposure of racism through humour, then we really have lost the plot."
Hanson-Young added pointedly: "If this is the best that the Liberal Party fun police can do, it's no wonder they are being outpolled by One Nation."
Broader institutional and political reactions
Civil Liberties Australia secretary Bill Rowlings commented that "every MP, but particularly ministers, should be advised not to attack the ABC, Australia's most trusted institution." He added: "It's comedy's job to poke the noses of everyone occasionally. If only Melissa McIntosh and I could see things through Tony Armstrong's eyes."
Meanwhile, the opposition's Indigenous affairs spokesperson, Kerrynne Liddle, told media she chose not to watch the programme, stating: "Issues for Indigenous Australians must be treated with the utmost seriousness. Nothing about these issues is funny."
ABC defends programme and production standards
An ABC spokesperson responded to the controversy by stating that Always Was Tonight sought to "examine Indigenous Australians' lived experiences through satire, social observation and comedy." They described the programme as "creative, insightful and sometimes challenging," adding that it "sought not to divide but to highlight the perspectives of Indigenous Australians to contribute to a shared understanding."
The broadcaster strongly defended its duty of care regarding the child actors involved, stating: "The safety, wellbeing and protection of the child actors involved in the show were treated with the utmost seriousness. Careful and responsible steps were taken to ensure that children and their guardians were fully informed, supported, and protected throughout the production, with a clear duty of care upheld at every stage."
The ABC confirmed that "an Indigenous psychologist was present and the shoot was registered with the NSW Office of the Children's Guardian."
Charter obligations and editorial responsibilities
Under the public broadcaster's charter, the ABC must inform and entertain the community, reflect cultural diversity and contribute to a sense of national identity. Notably, there is nothing in the charter that specifically requires the broadcaster to promote social cohesion, despite McIntosh's claims.
The complaint argues that the ABC has a responsibility to editorially justify any content likely to cause harm or offence, and must label such content appropriately. McIntosh also asserted that the ABC had a duty of care to minors involved in content commissioning and creation.
Communications Minister Anika Wells has been contacted for comment regarding the developing controversy between the opposition and the national broadcaster.
