A complaint was received about a broadcast of promotional material which contained several scenes televisionof violence. The broadcast took place at 06:30 on 16 July 2008 during a children’s programme. Clause 21 of the Broadcasting Code provides that “

[p]romotional material and music videos which contain scenes of violence, sexually explicit conduct and/or offensive language intended for adult audiences shall not be broadcast before the watershed period.” Although the promotional material in issue is brief, it contains several explicit scenes of violence. 

The broadcaster confirmed that the promotional material relates to a programme for adult audiences that is broadcast after the start of the watershed. The broadcaster further admitted that the promotional material should not have been broadcast during a children’s programme. The broadcaster informed the Tribunal that the promotional material had been broadcast in error and that steps have since been taken to avoid recurrence of a similar error. 

The Tribunal finds that the broadcast contravened clause 21 of the Code. The Tribunal further finds that the broadcaster has shown that a bona fide error led to the broadcast and that steps have been taken to ensure that such a mistake will not be repeated. Because the broadcast was the result of a bona fide error and the broadcaster has taken steps to avoid recurrence of this type of mistake, a reprimand is regarded to be a sufficient sanction.  The complaint is upheld and the broadcaster is reprimanded for the violation.

[2008] JOL 22363 (BCCSA)

CLICK TO VIEW FULL JUDGMENT  Case-No-15-2008