CASE NO: 21/2012 – B VS MULTICHOICE BOX OFFICE CHANNEL – ORDERING OF MOVIES

Two matters were decided by the BCCSA Tribunal: 

1. Orders by subscribers of replay of films and available promos which accompany such choice do not amount to a broadcast and do not fall under the jurisdiction of the BCCSA. The electronic communication is comparable to an order by way of the internet. 

2. A second matter dealt with in this judgment, which relates to the protection of children, is the role of mechanisms to protect children against harmful materials on TV: (a) The first is the watershed which commences at 20:00 and ends at 05:00. The watershed is not a waterfall but a stage when, on a sliding scale, more explicit material (excluding pornography defined as X18 and XX in the Films and Publications Act 1996) may be broadcast. (b) The second, in the case of DSTV, is the parental block-out mechanism where the adult subscriber may exclude material ranging from PG to 18 and the subscriber may then activate such a programme by entering a pin which is privy to that subscriber. (c)The third is the method used by toptv, where the broadcaster blocks out all films which fall in the 18 and R18 category and the adult subscriber may activate that film by inserting a pin which is privy to that subscriber. (4) The fourth method, which is not yet operational, is where a subscription broadcaster blocks out a full channel as rented by a subscriber, which may then only be activated by entering a pin privy to that subscriber. If there is a parental block-out on the subscription service, in any case, the subscriber will also have to de-activate the block-out before age restricted material (as blocked out by the subscriber) may be viewed. The pre block-out by the subscription broadcaster will make it possible to broadcast material at any time of the day. Of course this mechanism does not permit the broadcasting of pornography as defined in the Films and Publications Act and material which is further prohibited by the Broadcasting Code. 

3. All these mechanisms are acceptable to the BCCSA, since they grant special protection to children. The block-out by the broadcaster is more effective than the watershed and adds to the parental block-out mechanism of the subscriber.