CASE NUMBER: 04/2005 – SKRIKER VS SABC RADIO – GOODHOPE FM – COMMENT

The Registrar of the Commission received a complaint in regard to a sexual advice programme broadcast on Good Hope Radio. The Tribunal has noted the view of the SABC in regard to pornography. This is an understandable policy for the public broadcaster. The complainant’s view that it is unethical for sexual therapists to advise clients to make use of pornography to solve their problems, is also laudable. However, in the application of the Broadcasting Code a different approach would be legitimate. The idea that pornography could be used to solve the sexual problems of some couples or individuals is not a new one. On a freedom of expression approach to the complaint the Tribunal cannot, accordingly, agree that the advice amounted to a contravention of the Code. There would, of course, be limits : if the advice were, for example, to have been that child pornography  or violent pornography  or bestiality materials should be used, it would be in conflict with the Films and Publications Act 65 of 1996 and it could hardly be argued that the Broadcasting Code would permit this kind of promotion : it would be unfair in terms of clause 35 of the Code to have referred to it, without advising that it is unlawful to buy or rent such materials from licensed premises. However, there is nothing in the Act which prohibits the legitimate rental of soft pornography (so-called X18 materials) from licensed premises. The Tribunal accepts that Dr Eve must have referred to soft pornography. Given the sensible nature of her programme, it could hardly be inferred that she would have referred to the hard pornography referred to. The complaint was not upheld.