CASE NO: 15/2012 – BROWNE AND SOMA VS MULTICHOICE CHANNEL 106 – CLASSIFICATION

This case concerns a complaint about a film that could be described by some as soft pornography. It is titled “Temptations of Lust” and was broadcast at about midnight while the information banner at the bottom of the screen indicated that the film being shown was called “Harry’s Case”, carrying a 16 rating.  The Broadcaster agreed that “Temptations of Lust” should have been rated R18.  The technical manager at the Broadcaster explained that a system failure caused the discrepancy between the information banner and the film being shown. The technical failure also caused the parental guidance mechanism not to kick in.  The Broadcaster convinced the Tribunal that the system failure could not have been foreseen and could not have been prevented. It was found that the Broadcaster could not be held responsible for the failure of the system. No contravention of the Code was found and the complaints were not upheld.