TV bosses seek review on sex

The offending scene from 'Home and Away'. Photo / Supplied

TVNZ and TV3 are calling for a review of broadcasting standards, saying a High Court decision proves the industry watchdog is too conservative in its approach to sex on screen.

TVNZ has won a High Court appeal against a Broadcasting Standards Authority (BSA) ruling that one of its programmes was too sexually explicit. TV3 lost a separate appeal, but, in an unusual move, the rivals have banded together for change.

The programmes at the centre of controversy were Hung and Home and Away.

They argued the authority had become increasingly conservative and the decisions were inconsistent with past complaints over sexual material.

In the episode of late-night comedy-drama Hung, a man was depicted performing oral sex on a woman after a brief shot of the woman's genital area.

The BSA upheld a complaint by New Plymouth woman Beth West that the scene breached the standard of decency and good taste, saying: "It was prolonged, explicit and gratuitous, leaving nothing to the imagination and designed solely for the purpose of shocking and titillating the audience."

But High Court Justice Raynor Asher upheld TVNZ's appeal.

In the judgment released this week, Justice Asher agreed with the broadcaster's lawyer, Julian Miles QC, who argued the scene was consistent with the theme of the programme and needed to be considered in that context.

He said the programme was screened at 9.50pm, appropriately classified and preceded by a warning that it contained sex scenes that may offend some people. Justice Asher said the authority's decision was "plainly wrong".

In a statement last night, TVNZ spokesperson Megan Richards said the broadcaster believed it should not have been forced to take the costly High Court action and called for a review of "the structure and operation of broadcasting standards regulation".

"We need a system that promotes clarity and consistency for broadcasters and for viewers, and covers the multiple platforms and devices that are now available. Without this we may end up with a haphazard and costly guessing game regarding television content, or alternatively a 'safe' approach which takes us uncomfortably in the direction of American constraints on free-to-air broadcasting, without the cable alternatives that are available there."

Legal counsel for TV3's MediaWorks, Clare Bradley, echoed those sentiments.

"Despite our reluctance we have had to bring more appeals in the last year than ever before simply because so many decisions appear to us to be either inconsistent with earlier BSA decisions and/or out of step with the expectations of our audience."

BSA chief executive Dominic Sheehan said the authority agreed the legislation was outdated and a review was necessary. But he said he believed the authority's decisions were "consistent, robust and just".

Justice Asher dismissed TV3's appeal of the Home and Away ruling, which Bradley said was disappointing.

The offending episode contained a scene in which a female character straddled her lover on a table, wearing only a bra and pyjama pants, kissing him passionately.

It was found the programme, which was classified as suitable for children and screened at a time when children were likely to be watching, breached the good taste and decency standard.