CASE NUMBER: 08/2008 – BRANDERS-BRAXTON VS ELECTRONIC MEDIA NETWORK (PTY) LTD – WATERSHED

M-Net screened a film at 20:00 which dealt with a mature subject and included a sex scene, which was rather explicit. A complaint was received from a person who was concerned about the early screening of the film at 20:00. The Tribunal held that M-Net had taken wide-ranging steps to inform parents and other guardians so as to protect children. The only question was whether the rather explicit sex scene of the newly-wed ex-prostitute with her husband on their wedding night did not require a later time slot. As pointed out by M-Net a subscriber has the choice of blocking out programmes from a certain age restriction. The blocking mechanism could have been activated for 18-restricted films and then children under 18 would, automatically, have been excluded from the film. To inform parents and other guardians M-Net also took additional steps by way of a voice over and a continuous classification on the screen. The sex scene itself is also functional: it illustrates the problems which an ex-prostitute could have with marital sex. In the result the Tribunal came to the conclusion that M-Net had taken all the steps which would be required of a subscription broadcaster at that time of the night. The sex scene was not so explicit that the film should have been screened in a later time slot. The complaint was not upheld.