The Australian Communications and Media Authority (ACMA) said that homphobia was not part of its discovery that RTQ, which is affiliated with Nine Network, had incorrectly categorized an episode of Dante's Cove.

ACMA today ruled that RTQ failed to follow the commercial TV industry code of practice when it classified the program as AV (Adult Violence).

According to the code, sexual behavior "may only be discreetly implied or discreetly simulated" in programs that are classified as AV.

In the December 7 episode titled In the Beginning, ACMA found scenes that "contained depictions of implied oral sex and simulated sexual intercourse which were not discreet, due to the amount of detail they contained."

The particular episode had Kevin, one of the characters, leaving his family to start a new life with his boyfriend Toby at the Hotel Dante. It apparently contained scenes showing homosexual and heterosexual acts.

On the TV Tonight website, Richard Lyle, Nine's chief classification officer, said that a double-standard was at work.

"We said to them 'You're overweighting this and bringing, unintentionally, a kind of homophobic judgment into it ... Because it's male on male sex you're judging it differently than if it was male on female','' Lyle said.

"They denied it, but I can't help but feel there is a bias whether they're aware of it or not.''

ACMA chairman Chris Chapman said today that he heard of Nine's comments that the breach decision was due to the depiction of homosexual activity.

"The ACMA rejects this offensive suggestion that its decision portrays a homophobic approach to application of the TV Classification Guidelines,'' Chapman said in a statement.

"Under the code the sexual orientation of characters is not considered a factor in deciding whether or not sexual activity depicted in a scene is discreetly implied or discreetly simulated.

"The ACMA is also disappointed that the Nine Network chose to comment publicly on the matter before the ACMA had completed its investigation. That is an unusual approach within the broadcasting sectors co-regulatory framework.''

ACMA is also investigating a complaint on another Dante's Cove episode and would then decide on the next step to take.