CASE NO: 21/2011 – DEBBIE HUBBARD; BONNIE WARBURTON VS MULTICHOICE CHANNEL 101 – IN CORRECT EPG

Complaints about alleged violent, disturbing and upsetting contents of film screened at 21h30 on a Friday evening with an advisory of PG 13 displayed on the EPG, while the actual rating of 18LV was indicated in the corner of the screen. Resulted in failure of parental guidance lock system which parents rely on to protect their children from harmful material (especially on a Friday evening when many children are allowed to go to bed later than during the week). Tribunal held that horror images shown were not at all suitable for children, that they could be very scary to a substantial number of children, even between 14 and 18, and that they could even lead to nightmares.   MultiChoice argued that there was partial compliance with the BCCSA Code because the film was broadcast at 21h30 (well after watershed); that the correct advisory (18LV) was displayed on screen as well as announced; and that such errors are not repeated by the same channels. Complaints upheld.  Broadcaster and complainants granted opportunity to file argument on sanction – Only broadcaster responded – Pleaded partial compliance to the Code and argued for reprimand as sanction – Tribunal accepted MultiChoice’s apology, but was still of the view that the error mounted to aggravated negligence and that the horror contents of the film was likely to have had a very harmful effect on a substantial number of children.  There was a clear transgression of the Subscription Code and the Tribunal decided to impose a fine of R20 000 to demonstrate its conclusion that this was a serious transgression, given the fact that parents and caretakers should be able to rely on correct advisories in order to utilise the parental locking system correctly.