CASE NO: 13/2005 – SHERIDAN VS etv – WATERSHED

The registrar received a complaint about the screening of a film, Boondock Saints, which has been classified as 18SNVL by the Films and Publications Board and which e-tv, itself, has also classified as such. The screening commenced at 08:00. The Tribunal agreed with Mrs Sheridan. Clause 19 does not afford a broadcaster the freedom to broadcast such a film before the watershed. Even the watershed is not the final barrier: some films, regarded as XX material in terms of the Films and Publications Act and also prohibited in clause 28 of the Code, may not be screened at all. Also see clauses 14 and 15 of the Code, which deals with excessive forms of violence. Clause 18.1 is also applicable: the Tribunal has no doubt that a large number of children under 16 ( a “child” is defined as a person under 16 by the Code) was also part of the likely audience. It was clear from Mr Tshweu’s argument before the Tribunal that e-tv was fully aware that the film, Boondock Saints, was a film which may only be screened after 21:00. The Tribunal has, on occasion, cautioned e-tv not to screen 18 films before 21:00. In the circumstances the Tribunal has decided to impose   the maximum fine of R40 000-00 payable on or before 30 March 2005. In the Jacobson matter a suspended fine of R15000 was also imposed. The condition reads as follows: “Respondent is fined thirty thousand Rands, fifteen thousand thereof is suspended for a period of three years on condition that Respondent does not during the period of suspension contravene Rule 18.1.” Since the present contravention is also of clause 18.1.and the three year term had not expired when the film was screened, the suspended fine has become operational and is also payable on or before 30 March 2005.