The Australian Competition and Consumer Commission has instituted proceedings against Crackerjack Productions Pty Ltd, Network Ten Pty Ltd and Crackerjack officer, Jim Burnett, in the Federal Court, Sydney, alleging misleading and deceptive conduct in connection with false employment advertisements.
The ACCC alleges that as part of producing a 'candid-camera' type television show for Network Ten, and with the knowledge of Network Ten and Jim Burnett, Crackerjack placed advertisements in newspapers and with job agencies offering a week's employment as a 'Girl/Boy Friday'. Job applicants were falsely led to believe they were applying for a legitimate job working with a film crew when in fact the employment advertisements were a hoax and were placed to lure job seekers two of which later became the subjects of the television show without their knowledge.
The ACCC also alleges Network Ten participated in the facade by misleading one of the two "successful" applicants during the week the applicant thought he was working as an assistant to a film crew.
Film footage of the two successful applicants, taken by Crackerjack during the interview and the week both applicants thought they were legitimately employed as assistants to a film crew, was later used in the production of a television show called Mind Games – A Real Life Adventure, which screened on Network Ten on 4 August 2001.
The ACCC alleges that:
- Crackerjack has breached section 52 of the Trade Practices Act 1974, which prohibits misleading or deceptive conduct, and section 53B of the Act, which prohibits misleading conduct in relation to employment
- Network Ten has breached section 52 of the Act and was knowingly concerned in Crackerjack's contraventions of the Act
- Jim Burnett, a producer at Crackerjack, was knowingly concerned in Crackerjack’s contraventions of the Act.
The ACCC is seeking court orders including:
- declarations that Crackerjack has breached sections 52 and 53B of the Act
- declarations that Network Ten has breached section 52 of the Act and was knowingly concerned in the contraventions of sections 52 and 53B of the Act by Crackerjack
- declarations that Jim Burnett was knowingly concerned in the contraventions of sections 52 and 53B of the Act by Crackerjack
- injunctions
- orders requiring both Crackerjack and Network Ten to each publicise the outcome of these proceedings in relevant newspapers
- orders requiring both Crackerjack and Network Ten to each send letters to the job applicants acknowledging and apologising for their conduct
- costs.
The matter has been listed for a directions hearing in the Federal Court, Sydney, on 12 June 2002.