This matter concerns a complaint that an explicit scene of male genitals in the film “Hall Pass” caused the Complainant to suffer shock, puzzlement, dismay and embarrassment. The scene was broad
cast in the context of a comedy film about two men being given a “Hall Pass” to relieve them of their marital duties for a while and their antics while trying to enjoy their “freedom”. The film was rated 16SNL and the particular scene appeared about 1 hour and 23 minutes after the start of the watershed. The Tribunal found that the particular scene cannot be said to depict explicit sexual conduct in contravention of clause 9 of the Code. Even if the Tribunal were to find that there was explicit sexual conduct depicted, the scene did not violate anyone’s human dignity or degrade any person. The requirement that the explicit sexual conduct must constitute incitement to cause harm was also not met. The film was also found to be a bona fide artistic or dramatic work with the result that clause 9 of the Code (even if found to have been contravened) does not apply and consequently no contravention of the Code has been committed.