CASE NUMBER: 22/2008 – WOTHERSPOON VS etv – SEXUALITY

A complaint was received in regard to the broadcast of the late night sex movie presented by e-tv. It was complained that the late show commenced at 23:25, which was too early. The Tribunal held that it was not authorised to lay down a definite time for commencement of such movies, since that would amount to pre-censorship. The test was what a reasonable adult would tolerate other adults viewing at that time of the night.  In any case, 23:25 would seem to be as early as a free-to-air broadcaster may go with this kind of material.

This material, which has been held to have not been in contravention of the Broadcasting Code, has consistently not been in the category of what the Films and Publications Act places under XX and X18 material. Of course, XX material (e.g. child pornography and explicit violent sex which do not amount to bona fide drama – to name but two examples) is not permitted to be broadcast. The sex scenes broadcast by e-tv in this slot and which have come before this Tribunal, have consistently not included explicit shots of erect male genitalia or explicit shots of vaginas or anuses or explicit shots of oral sex. They have, however, included explicit fondling and kissing of nude female breasts. Sex is implied and probably often simulated.  There is no violence and all sex takes place voluntarily between adults. 

The problem is, however, that teenagers under 18 might still be up at that time of the night and view these films. It is impossible to deny this. But, at that time of the night the responsibility in regard to films (as described above) shifts to parents and legal or de facto guardians. When a television set is brought into a home it must be based on an informed decision, which implies that parents and other guardians cannot and may not simply relax and leave the sole responsibility to the broadcaster. The broadcaster must remain within the limits set and will respect the watershed rule and the sliding nature thereof. To screen these films after 23:30 (or even, in casu, 23:25) would not seem to be too early. In fact, the first judgement of the BCCSA, which held this kind of broadcast to be permissible, dealt with a film which commenced at 23:30. 

Complaint dismissed.