The BCCSA Tribunal had to decide whether Naked News, which portrays women with naked breasts 
reading the news after midnight on e-tv, was in contravention of the Broadcasting Code.
The Tribunal held as follows: Our Courts have, time and gain, held that nudity as such is not indecent or obscene in terms of the two Publications Acts that preceded the present 1996 Act. It is also clear from the 1996 Act that, except in the case of child pornography, nudity as such is not prohibited in publications or films. Of course, age restrictions and classification strive to exclude children from such publications and films. The Tribunal could find nothing degrading to women in Naked News. A case could also not be made out that the nudity portrayed is likely to contribute to violence against women, or to rape. The test in law is not that of the dysfunctional person who might be influenced by a multitude of factors. The mere fact that the nudity makes no contribution to a better society is irrelevant in law. It is part of the freedom of choice of adults whether they wish to watch the Naked News or not. If they are suddenly confronted with the nudity and find it offensive, they can switch channels or switch the television off.
It should be pointed out that the advertisements shown before, during and after the slot do not fall under the jurisdiction of the BCCSA but under the jurisdiction of the Advertising Standards Authority. No opinion is, accordingly, expressed as to the advertisements.
The complaint was not upheld