A complaint was received by the Registrar as to parts of a stand-up comic’s presentation after 23:00 on M-Net, a subscription broadcaster. During the lengthy presentation there was also, after an hour and a half, a crude reference and description of sexual abuse of children. This description was at the core of the complaint.
Held: that the references by the stand-up comic in the show under consideration were, judged as a whole, made to shock viewers into realizing the odious nature of sexual molestation of children. The comedian clearly believes in rather addressing an issue than remaining silent about it. This is a permissible technique in critical drama and shows such as the show under consideration. Sarcasm is also an important element of his style. The fact that the show was broadcast late in the evening as well as the addition of the relevant 18L advisory demonstrate that the Respondent took the necessary precautionary steps.
Observation: The Tribunal observed that the “L” for language would not always be sufficient to inform viewers of crude language which also has a sexual content. The “S” advisory could also have accompanied the present broadcast. M-Net, however, provided the Tribunal with the bona fide explanation that the Film and Publications Board does not, in its guidelines, include sexual description within the “S” category. In future, it would be wise for broadcasters to include a “S” also in instances such as the present.
In the result the Complaint is not upheld.