KEY POINTS:
The controversial episode of the animated television show South Park which featured a menstruating Virgin Mary was "tasteless, crass and ugly", New Zealand's Catholic bishops told the High Court in Wellington today.
The bishops were appealing against last year's decision of the Broadcasting Standards Authority (BSA) not to uphold their complaint, as well as 34 others about the Bloody Mary episode which screened on C4 in February 2006.
The episode featured a statue of the Virgin Mary spraying menstrual blood on one of the programme's characters as well as a cardinal and the Pope.
Catholics condemned the decision by C4 -- a sister channel of TV3 owned by CanWest TVWorks -- to screen the episode, but their complaints to the BSA were not upheld.
The BSA said the cartoon was of such a farcical, absurd and unrealistic nature that it did not breach standards of good taste and decency in the context in which it was offered.
It was screened at 9.30pm, rated adults only, preceded by a warning and the programme was known for its "challenging material".
The BSA said to uphold the complaints would be an unreasonable limitation on the broadcaster's right to free speech which included the right to satirise religious issues.
Lawyer for the bishops, Richard Laurenson, told the High Court at Wellington today the programme breached CanWest's obligation under the Broadcasting Act to maintain good taste, decency and fairness.
He said the objective to maintain programming standards had been lost through too much consideration of context and "too much drinking at the well of the right to freedom of expression".
Mr Laurenson told Justice John Wild the relevant part of the episode was "a tasteless, crass, indeed ugly depiction, which on any common sense view of the matter offends good taste and decency."
The criticism was because of the use of menstruation, compounded by inclusion of prominent Roman Catholic figures.
Mr Laurenson said the BSA did not take into account that the screening -- originally scheduled for May -- had been brought forward to February and the controversy meant it would be viewed by more than just the target demographic.
Justice Wild pointed out that by the time the episode screened the controversy was such that the complainants knew what "they were in for" making it difficult for them to say they were offended.
"The point is, they've stayed up late and switched channels in order to be offended," he said.
Mr Laurenson said an apology made by CanWest for any offence showed they knew they had overstepped a line.
But BSA lawyer Andrew Scott-Howman said acknowledging that some people were offended was not the same as admitting a breach of good taste and decency.
He said if the BSA had upheld the decision it would be escalating the views of one group above others.
CanWest lawyer Clare Bradley said it was the BSA's role to determine what was suitable to be shown on free-to-air television.
"There is nothing offensive per se about menstruation, nothing that makes it an unsuitable topic for television, certainly nothing that makes it offensive in terms of an established adult satire."
She said to assess good taste and decency it was crucial to look at context.
South Park was in its 9th or 10th season and she mentioned several other episodes that nobody had taken issue with that had potential to offend some viewers.
"Not every programme on TV will appeal to every viewer."
But the viewer was given information so they could make a free and informed choice.
One sector of society could not be allowed to dictate what an entire viewing population could watch, she said.
Ms Bradley said the broadcaster assessed the programme using criteria set out by the BSA over many years and decided it did not go too far.
Categories that would breach good taste and decency included eroticised sexual violence, graphic sexual activity and vicious or vitriolic attacks or hate speech.
Justice Wild reserved his decision.
- NZPA
