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A complaint that an episode of Californication on TV3 involving a threesome sex scene breached standards of good taste and decency has been upheld by the Broadcasting Standards Authority.
Peter Marsh of Auckland complained after he said he had stumbled on the episode while trying to find something for his family to watch.
"What met our eyes were two men and one woman on a bed, and the most graphic act of oral sex that left nothing to the imagination."
Rod Valenta of Napier also complained saying "this pornographic segment... although not showing any explicit genitalia is totally unacceptable for free viewing regardless of the screening time."
The scene screened at 10.04pm and Mr Valenta noted it was during school holidays when many youngsters were allowed to stay up later.
The complaints were under three sections of the Broadcasting Act - good taste and decency, programme information and children's interests.
TVWorks (TV3) replied that the scene was simulated, did not shown any explicit nudity and was not intended to be titillating.
Three members of the authority found the scene as close to pornographic as possible without showing genitalia.
But one member of the authority said he could not uphold the complaints that the scene breached good taste and decency, because it was an integral part of the overall plot of the series.
Because the decision was not unanimous, the authority declined to make any order over the breach.
The authority declined the complaints over programme information and the broadcaster not considering the interests of children.
It said the sex scene screened after 10pm and TV3 gave sufficient warning that the programme contained sexual material and language and was not suitable for children.
- NZPA