Complaint against KykNet programme dismissed as 'not sufficiently disturbing'

A complaint about an insert shown on the KykNet programme, Kwela, was not sufficiently disturbing for the Broadcasting Complaints Commission of South Africa (BCCSA) to intervene, it said on Monday.

In its judgment, the commission said the clip, which showed a boy who got his penis stuck in his zipper, was aired after the subscription watershed of 8pm.

Subscribers were constantly informed by Multichoice that parents should be aware that they should not permit younger children to view programmes after 8pm.

A complainant had found the video "below the belt" and embarrassing to the boy.

"As the mother of two young daughters (aged six and seven), I was extremely uncomfortable to try to explain what was happening on the television," the complainant said.

"I am not a prude, but don't see this video as a funny video at all. I feel sorry for the poor boy that has to face his friends at school after the public broadcast of his embarrassment."

Another complainant said a family programme like Kwela should be wary of what it broadcasts.

"Clearly, there was no attempt made to hide or blur this pornographic image."

KykNet responded saying the boy's parents had said in an e-mail that he was now a mini-celebrity at school and was happy.

"Kwela decided to use the video on the basis that it is innocent and funny.

"The parents themselves entered the video with permission from their son."

The BCCSA said it was highly questionable whether the fear and embarrassment of the boy should be exploited, but it had decided from an adult perspective that the clip showed a scene which could be tolerated in society.

"In fact, our Constitutional Court has held that that which is offensive to the morality of an individual or group should not necessarily act as a limit to freedom of expression," the BCCSA said in its evaluation.

"We decided that if the BCCSA intervened by suggesting a warning, this might appear as a form of censorship, which is repugnant to any society built on the principle of freedom of choice."

The complaint was not upheld, but if the broadcaster wished to add a verbal warning to a re-broadcast of the insert, it was free to do so, the BCCSA said.