A "raunchy and sexually charged" scene on prime-time soap opera Home and Away, along with a graphic scene depicting oral sex in comedy-drama series Hung, breached broadcasting standards, the Broadcasting Standards Authority (BSA) has ruled.
In decisions released today, the BSA said the Home and Away episode, which aired on TV3 at 5.30pm on March 24 with a General (G) classification, breached standards relating to responsible programming, children's interests, and good taste and decency.
During the episode, two adult characters, Martha and Liam, began kissing and Liam removed Martha's bathrobe, leaving her in a bra and pyjama pants. Liam then lay back on a table while Martha straddled him as they continued to kiss until another character walked in.
TV3's broadcaster TVWorks said that the programme had screened in a timeslot that was not considered to be predominately children's viewing time on the channel and that child viewers would not be alarmed or distressed by such scenes.
The BSA disagreed, saying the programme was "raunchy and sexually charged" and went well beyond the level of sexual activity that should be included in a G-rated programme.
"For the broadcaster to argue that 5.30pm is 'not considered to be predominately children's viewing time on TV3 and that the programme was 'aimed at an older 'G' audience' displays, in our view, disregard for the G classification and the guidelines in the Free-to-Air Television Code."
The complaint was the first about sexual content in Home and Away to be upheld.
In its second decision, the BSA ruled an episode of Hung, described by a complainant as "soft porn", breached the good taste and decency standard.
The episode screened on TV One at 9.50pm on March 22, and showed a male prostitute, Ray, lifting up a woman's skirt and removing her underwear, and included a brief shot of the woman's genital area.
The woman then sat down on a couch and placed her legs over Ray's shoulders while he performed oral sex.
TVNZ said the scene had been relatively brief, not detailed, obviously acted and important in the context of the series.
However, the majority of the BSA found the content went well beyond the level of sexual material that viewers would expect to see on free-to-air television.
"In the majority's view, the scene complained about was prolonged, explicit and gratuitous, leaving nothing to the imagination and designed solely for the purpose of shocking and titillating the audience," the decision said.
"In these circumstances factors such as the programme's AO classification and the use of a written and verbal warning were not sufficient to prevent the broadcast breaching standards of good taste and decency."
The BSA did not issue penalties for either decision.
Following the Home and Away decision, TV3 lawyer Claire Bradley said the scene was not explicit, rather was a "very friendly scene".
"It's hard to see how children watching would think it was anything other than a friendly cuddle," she said, "There was nothing to it.
"They had more clothes on than they do in many beach scenes."
Ms Bradley said TV3 would not look at rescheduling the show, which screens at 7pm in Australia.
"We don't just get it in from Australia and put it on air. Every time a programme comes in it is looked at by our in house sensors.
"Last year they looked at a very similar scene and said it was OK."
She said imported programmes are often cut in order to meet New Zealand standards.
Ms Bradley said Home and Away was not aimed at children and portrayed adult and teen relationships.
"I don't think anyone who watches Home and Away would be surprised [by the scene]."
Ms Bradley said parents have to ensure what their children are watching is appropriate and the network would give viewers as much information as to the content of an upcoming show.
"We appreciate we will have to take this decision and be cognisant of it when making decisions."
Lobby group Family First NZ national director Bob McCoskrie welcomed the decisions and said he hoped they would set a precedent.
"Finally, the authority has put the welfare and protection of families before the rights of broadcasters to offend children and families with sexual and offensive content."
- NZPA and NZ Herald staff
Home and Away scene ruled too raunchy
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