Mail & Guardian (Johannesburg) - June 30, 1995
Justin Pearce
The SABC and the producers of The Works appeared before the BCC two weeks ago week after members of the public complained about the insert, entitled "Sex in the Nineties". The insert was aimed at promoting safe sex, and looked at sexual practices including homosexuality, sadomasochism, and fetishism.
One of the complainants, Johannesburg attorney Eugene Sklar, argued that, "I pay my television licence and am as entitled as anybody else to watch television and have as much right not to watch nudity and pornography of any nature on television as any other citizen has to watch such material on television."
The Works executive producer Kathy Berman defended the programme on the grounds that a frank attitude towards sexuality was necessary if education on the prevention of HIV infection was to be effective.
The BCC made its judgment on the principle -- established by the Publications Control Board as long ago as 1965 -- that no subject matter was inherently undesirable, and that the real question concerns the manner in which the subject is treated. The BCC concluded that the complainants had no basis for objecting to the coverage of sexual practices which they did not approve of, and that in this instance the way in which these practices were represented was in no sense pornographic.
The judgment also invokes Section 15 of the Constitution, which guarantees freedom of expression, and concludes that there are no sufficient grounds for invoking Section 33, the "limitation clause", which allows for other constitutional provisions to be suspended if this is demonstrably in the public good.
'One of the consequences of democracy and an open society is that one cannot live totally insulated from reality," the judgment reads. "The ordinary hurly-burly of everyday life with its embarrassments, shocks and disappointments cannot be evaded totally. All that a public broadcaster could do is to give a reasonable warning to viewers of sensitivities which a programme could affect."
The BCC did, however, uphold the objection that the show was unsuitable for children and that it was difficult for parents to keep children away from the television during prime viewing time. The commission reprimanded the SABC for broadcasting the insert in The Works' former 7.30pm slot, but had no objection to the content of the show itself. The Works has in the meantime moved to a later time slot.
950630
MG950609
Copyright © 1995 - Daily Mail & Guardian. For information about the content or for permission to redistribute, publish or use for broadcast, contact the publisher.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 1995. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 1995. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .