A complaint was received from a member of the public arguing that e.tv, as a free-to-air 
broadcaster, should not be permitted to broadcast material such as Playboy Playmates, which shows nude female breasts. The broadcast commenced fifteen minutes after midnight.
The Tribunal held that freedom of choice permits adults to watch this kind of material, which does not amount to explicit sex or child pornography. TV licences are, in the ordinary course, held by adults, who must take the necessary measures to ensure that children do not watch this type of programme. The test is not whether the material might be prejudicial to people who, in the complainant’s view, simply do not have the capacity, development or background “to be able to adequately ‘contextualise’ such content.” To apply that test would place all drama, literature, science, documentaries and films at risk: the disturbed or immature adult mind rather than the “reasonable” mind would become the test. The test is that of the normal adult person who, according to law, must tolerate the possibility that other adults may wish to watch nudity or explicit sex at a late hour.
To minimise risk, the Respondent broadcast the material after midnight with due advisory and an 18 age restriction.
The Complaint was not upheld.