CASE NUMBER: 17/2009 – NEETHLING VS MULTICHOICE CHANNEL 125 (REALITY ZONE) – VIOLENCE

Complaint about the multiple graphical killings in a programme that was classified as suitable for family viewing.  The respondent admitted that the programme was incorrectly classified, but asserted that the Code was not contravened since it was broadcast at 22h00, which was two hours after the commencement of the watershed period, as required by Clauses 12 and 13 of the Code. The Respondent argued that the classification was not deliberate, but due to a misunderstanding between MultiChoice and its foreign channel provider.  The Respondent explained that they do not have the opportunity to view programmes packaged outside South Africa before broadcast, but only receive a description of the contents.  Nevertheless, full responsibility for the classification of such programmes is taken. The Tribunal found that the violence depicted in the programme under discussion was not only gratuitous, but was of such an explicit and severe nature that children should not have been exposed to it. It included nauseating scenes of murder, torture, screams of terror and repeated images of bloody body parts and corpses.  Despite the violent contents of the programme, the Tribunal accepted the broadcaster’s bona fides and the fact that MultiChoice has only relatively recently become a signatory was also regarded as mitigating. In light of MultiChoice’s acknowledgment of the incorrect classification, apology and actions taken to avoid a recurrence, the Tribunal concluded that although the Code was contravened, a reprimand would suffice.  However, it should be noted that in the event of a recurrence, this contravention will be taken into consideration. Complaint upheld.