CASE NO: 04/2013 – LAING VS MULTICHOICE CHANNEL 144 – BESTIALITY

The Tribunal agreed with the Complainant that the scene shown was offensive and in extremely questionable taste. However, it did not regard this as an instance where the BCCSA should intervene. It is a well-known rule that the law – and thus the Broadcasting Code – should not concern itself with minor matters. The relevant scene is not shown at close range, lasts only a few seconds, and takes place without the gentleman involved being aware of the bull approaching him while he is bent forward over a bin in the normal course of his duties as a farmer. The scene also formed part of a number of “funnies” made by viewers and the context, thus, also indicates that the scene was meant to be funny.  Furthermore, the act depicted in the scene did not, legally, amount to bestiality or even attempted bestiality, since bestiality can only be committed where a human intentionally has sex with, or attempts to have sex with, an animal. The scene merely shows a bull approaching a man, who is bent over forward and is fully dressed, and then shows the bull attempting to mount the man as if it were approaching a cow for the purpose of mating. Ultimately, the Tribunal’s conclusion was that, despite the offensive nature of the scene, its brevity, in addition to the factors mentioned above, save it from a finding that the Broadcasting Code has been contravened.