TV3 censured for sex scenes

A scene from the final episode of Outrageous Fortune. Photo / Supplied

The Broadcasting Standards Association has upheld complaints made against two TV3 shows which showed content of a sexual nature when children could have been watching.

In a promo for the beginning of the final series of Outrageous Fortune, a 3 News reporter interviewed one of the show's writers and an actor.

During the interview, which screened around 6.35pm on July 13, footage from the series was shown, including two characters having sex on an outdoor chair, a clothed couple having sex up against a bathroom wall, a partially dressed couple having sex outside on a lawn, a partially dressed couple diving on top of one another and knocking over a couch, and a couple undressing and kissing while lying on a bed.

Six formal complaints were made against the broadcaster, stating the item "breached standards relating to good taste and decency, responsible programming, and children's interests", and was completely inappropriate for the viewing time.

Complainants also alleged the item was not news, but rather "a blatant promo" for the network's television show.

TVWorks, TV3's parent company, argued the sex scenes "illustrated the writer's reference to sex as a major characteristic of the series", and it screened 37 seconds after a warning about the item's content.

The broadcaster argued although the scenes screened before 8.30pm, children were unlikely to be watching the news unattended and the newsroom had taken care "to limit the material to the less revealing sex scenes available to them and to ensure no nudity was shown".

TVWorks argued the item was a legitimate news story of general interest to the public, "albeit of a lighter entertainment value".

The BSA determined the clip was not suitable to be shown prior to 8.30pm, nor was it suitable for children's viewing.

"In our view, the numerous clips of couples having sex or engaging in sexual activity went well beyond what is acceptable in a 6pm news item.

"Promoting Outrageous Fortune through the use of extensive sexual material was, in our view, neither newsworthy nor in the public interest."

However, the BSA did deem the item to be newsworthy and did not uphold this particular complaint. TVWorks was ordered to pay $4000 and broadcast a statement during 3 News.

In another decision the BSA upheld a complaint that a sex scene was shown too soon after 8.30pm during We Own the Night, also on TV3.

The movie, which screened on May 29, opened with a sex scene between main character Bobby Green and his girlfriend Amanda.

The complainant, Tracey Waters, considered 8.30pm to be "family viewing" time, and argued "such explicit material is inappropriate" and "not in good taste, decent or protecting children".

TVWorks said the movie was classified Adults Only, broadcast at 8.30pm, had an adult target audience, and was preceded by a verbal and written warning. It also said the film had been edited in order to be screened during the timeslot.

The BSA said while children's viewing time is normally accepted to be up until 8.30pm, "broadcasters should ensure that strong adult material is not shown too soon after the watershed".

As the scene screened at 8.32pm, and amounted to "strong adult material", the authority found the broadcaster "did not adequately consider the interests of children".

However, the BSA did not uphold a complaint that the scene did not constitute responsible programming or that it breached good taste and decency, as it was consistent with its AO classification.

The BSA decided not make an order and deemed publication of their decision sufficient.