Complaint about alleged graphic violence and hate speech in a film broadcast before the watershed at 18h35, without an age restriction or other advisories. Tribunal held that although film contained violence and hate speech, it was screened with a 16VL advisory and that to broadcast 16 age restricted material was in compliance with daytime scheduling for subscription broadcasters, who also have parental locking devices available for use of viewers. Tribunal stated that even though film was not targeted at children and would normally not appeal to children, it could have been very upsetting for young children who might have been exposed to it inadvertently. Tribunal held that it was nevertheless in the public interest to reveal the shocking material contained in the film (which was set during the apartheid era) because the public had the right to be informed thereof. Further held that the violence portrayed was not excessive or gratuitous, since it was necessary for the development of the storyline. The film also did not glamorise violence, and contained strong correctives. Further held that it constituted bona fide dramatic material and was therefore exempted from the hate speech clause – Complaint not upheld.

JOL Ref - Bosman vs Multichoice Channel 107 [2011] JOL 27488  (BCCSA)

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