the
facts
MTV Live is a youth-oriented magazine/talk program broadcast
on MTV Canada. The episode in question
(a rerun of a previously aired episode), which aired from 8:00-9:00 am on
April 17, 2006, was hosted by Daryn Jones, Jessi Cruickshank and Diane Salema;
its virtual sex theme included a number of segments in which the program hosts
and guests described and discussed sexual matters. There were no viewer advisories included and
the show was rated PG.
Daryn Jones introduced the episode with the comment, "Tonight on MTV Live, sex sells and we are buying.
We are going to show you all the weird ways that you can pleasure yourself
with your computer. I've come up with seven." Following the summary of the upcoming segments
in which all three hosts participated, there was a comedic sketch in which
"Paul the Intern" was shown with his pants around his ankles (with certain
body parts blurred out), e-mailing his co-worker. At the conclusion of the sketch, the hosts commented
that "Paul is dirty" and "Paul is gifted. Did you see that?"
The three hosts then spoke with some of the audience members about their
online dating and sexual experiences. While
most of those who spoke made only vague or mild references to sex, one young
man informed the hosts that someone had messaged him on an online chat forum
and offered to pay him to have virtual sex on his webcam (a more complete
transcript of relevant dialogue can be found in Appendix
A).
Host Jessi then read an e-mail from a viewer who suggested that "online
sex for some is good because, really, if they have to go online to get it,
I'm assuming they're really ugly or have a missing limb." Guest sex expert and author Josey Vogels provided
her thoughts on how technology was changing dating and sex. She suggested that "it's sort of like safe casual
sex because there's no, you know, bodily fluids being exchanged." That comment segued into the segment about online
safety, in relation to a particular classified advertising website. Jessi introduced the segment in the following
words:
And,
uh, if you've ever, you know, looked into renting an apartment or buying a
car or having dirty, crazy sex with a total stranger in a public washroom,
you've probably headed to Craigslist.com.
And we have Craig himself on the line.
Craigslist founder Craig Newmark then talked about how he had established
a "Casual Encounters" section on his website for people looking for "something
brief and physical". Jessi then read
some of the postings she had seen when she had visited the website:
Jessi: [...] [H]ere are some of the postings: uh, "Wanna videotape or watch me have sex with
your wife?"; "Phone sex right now with guy with sexy accent"; "Meet me at
Starbucks on the corner of Fourth and Wallman".
Daryn: I wonder what the sexy accent is. Like some German dude.
Following further discussion about sexual activity online and how the Craiglist
website is regulated, the program aired a pre-recorded interview that Jessi
had conducted with pop singer Pink. Jessi
asked Pink about rumours that Pink and her husband engage in sexual activity
via webcam:
Jessi: He's this world-class motorcross guy and you're touring all the
time. So I read that you have some
pretty steamy webcam sessions?
Pink: That was made up. Sorry.
Jessi: Really?!
Pink: No. It's boring. That was made up.
Jessi: So how do you keep, how do you ... ?
Pink: We meet in random hotel rooms all over the world. And it's been like that our whole relationship,
which I find very exciting.
Jessi: That's really exciting.
Pink: Hell yeah. "Baby, meet me
in
Jessi: You don't business with, uh, webcam sex or virtual sex?
Pink: Hell no. What if there's
hackers? [laughs]
Jessi: Right.
Pink: "Pink has a new sex tape, everyone. She is
a 'stupid girl'."
[short clip from Pink's music
video for her song "Stupid Girl" in which she makes fun of socialite Paris
Hilton for having made a sex tape]
Jessi: But it was saying that you didn't want your dad to be involved so
you had all these privacy clauses. No?
Pink: That's bullshit.
Jessi: Nothing like that. It's bullshit.
Pink doesn't business with, with virtual sex.
Pink: No.
The next segment was an interview with a man named Eric J. White who had
invented a virtual sex machine for men. The
conversation proceeded as follows:
Daryn: And, uh, we are talking, uh, virtual sex and
text sex. And, uh, all right. Everybody be cool. This is going to get a bit weird. Uh, there's a gentleman who's created something
called the Virtual Sex Machine. No,
he's not talking about me. [laughter]
It's actually a thing you plug into your computer.
It's, it's very, very unusual. He's
on the webcam. Please welcome Eric
J. White, creator of the Virtual Sex Machine.
[applause] Hello, Eric.
[...]
Daryn: Okay. All
right. So let's all be cool.
Let's wade into this one very carefully.
Mr. White, what is this machine and how does it work?
Eric: Well, it, this machine is the most advanced
virtual sexual experience you could possibly have. Um, essentially what you do is you plug into
this. Literally. [holds up large cylindrical device]
Jessi: Oh.
Diane: Oh my. The
thing's huge.
Daryn: Where does that go, dude?
Brian: It looks like it hurts.
Eric: Well, I'll give you a hint. [shows the end of device to camera] It's got a little hole here in the end.
Audience: Aww.
Eric: And you can probably use your imagination.
It's just for the boys right now. But,
uh, you hook this up to your computer, put in your disc of choice [holds up
a CD], just pick a girl [Jessi laughs] and you can experience everything there
is to know about that girl. In the
carnal sense.
Daryn: Oh my god. [someone
in audience says something inaudible] Good question. How much is this thing?
Eric: Right now it sells for about four hundred
dollars for the complete set, everything you need and there's nothing more
to purchase after that unless you want to get a different girl.
Daryn: Okay, so, so let me clarify here. You, um, you, uh, [makes motion with hand] right,
okay and then the CD's rollin' and does it do anything other than just, does
the, the, the thing do anything?
Eric: Absolutely.
What, what the thing does is it recreates the experience that you're
watching on the screen exactly. Right
down to the every move, every action, every movement of air. You'll feel it right inside the machine.
Diane: Now, does one size fit all, Eric? [Daryn snickers]
Eric: Uh, well, yeah. It, it's designed to accommodate a wide var-,
variety of men. Uh, there are some
different modules for larger or smaller extremes, but, uh, -
Daryn: Does -. Wow.
Eric: - the basic machine covers just about everybody.
Daryn: Does the program allow for me to, uh, give a
virtual apology after the act is complete?
[laughter]
Eric: That's the best thing: It never says no, it never gets a headache,
it never gets tired and it's always ready.
Daryn: All right. Eric,
what about the idea that, uh, this, this machine is just taking people away
from each other in that there's no more, um, personal contact, you don't have
to go to a bar to meet somebody or even in the park or wherever it is.
You're just sitting at your computer and go online.
Eric: Well, there, there's some people that would
say that, but let's look at this from a different perspective. Men and women have very different sexual drives,
okay? And, and, and men are ready to
go about every twenty seconds and, you know, there's not a woman out there
that could satisfy that. Plus there's
those men that can't get satisfaction from, from a woman, so they need a little
help.
Daryn: All right, now, we, we have Josey Vogels here,
uh, sex expert. Josey, what's, what
... ? [laughs]
Josey: Where do I begin? [Jessi laughs]
Daryn: What do you think?
Josey: Well, people have been making [forms quotation
marks with fingers] "virtual sex machines" since the internet and technology
started to, you know, sex is always the thing that drives technology.
From photography to film to video, it's always been the thing, pornography,
and this idea that you can create some kind of virtual experience.
I don't know. Really, I don't
know if I can say this, but I will anyway.
Um, a really skilled hand and some lube and you could probably get
the same effect, honestly. And I don't
know how sexy it would be to have this big machine.
Daryn: Eric, what's your take?
[...]
Eric: But you see, that's the point exactly. The hand and the lube, you don't have to do;
the machine does it all for you. And
-
Josey: Right, because we're so lazy now because you
can't even do that.
[...]
That segment concluded with Eric informing them that he is working on a
prototype for a similar device for women.
The following segment consisted of an interview with Tina Courtney, a woman
who had developed an online role-playing game in which the goal was to encourage
the characters to engage in sexual experiences.
Daryn: By the way, you all did very well with the Virtual
Sex Machine discussion. Thank you very
much. Your mothers would be proud.
Thank you.
Jessi: Mm, it could've gotten out of hand very easily.
All right, so our next guest has gone from producing, uh, video games
for Disney and, uh, now she's producing Naughty America.
It is a very filthy online sex game.
Quite the transition. She's
here today. Let's welcome Tina Courtney. [applause] Hey,
Tina. She's on webcam.
[...]
Jessi: [laughs] Hey,
Tina. So Naughty America the Game,
describe it for us.
Tina: Oh, it is the antithesis of what Eric was
talking about, actually. This is a
mutually consensual online sex game, men and women. Everything that you do is consensual with another
person so there is no computerized, you know, virtual sex machine here.
Jessi: Right.
Tina: It's all about interacting with other people
in a new kind of sexy way.
Jessi: Okay, so, so walk me through it. I'm, I, I want to set up my profile, I, I get
on the game and I, I get to design my character? Is that right?
[Images
from the game appear on screen. There
is the intro to the game, which features a series of cartoon human figures. Then there are cartoon humans interacting at
a bar.]
Tina: Exactly. The
first thing you're gonna do is create your fantasy persona. So that can look however you want. You can get a boob job, you can get tattoos,
the sky's the limit. And then you enter
this, uh, very stylized, sexy world and start meeting people.
Daryn: And these are real people?
Tina: These are real people, behind every character,
absolutely. And, uh, you know, uh,
you can engage in, well, you start out as a virgin and you have to gain sexperience,
of course.
[A
cartoon man and woman are seen in a bedroom, standing beside a bed. They are then on the bed and the image is pixillated.]
Jessi: Right.
Tina: So you, you know missionary in the beginning
and in order to learn some other tricks of the trade, you interact with other
people.
Jessi: Right. But
everyone starts out at, as a virgin and then as you gain experience you, the
sex gets crazier?
Tina: Exactly.
Jessi: Ohh.
Tina: You learn, uh, new moves, new, new interesting
tricks, yeah. And, and since this is
a virtual game, we go beyond the standard missionary and doggie and it gets
really creative.
Jessi: All right.
Now the other element of this that kind of moves it away from other
online games is that you can actually watch the person that you're, uh, [makes
quotation marks with fingers] "fake sexing with" via webcam. Is that right?
Tina: That's true. There's a webcam functionality. You can also allow other players in the game
to be voyeurs, to watch what you're up to.
[...]
Jessi: Because dudes, dudes who are clapping, if you're
playing this game, how do you know you're not playing with another dude?
That's what I want to know.
Tina: That's a great question. And so the other component to this, it's very
much the evolution of online dating. You
have a real world profile that you can fill out. You can upload real pictures of yourself.
You can do the webcam. So you can reveal who you really are too.
Jessi: Okay, but my question is how many women do
think really are gonna, are gonna play the game? And how are you enticing them to play?
Tina: Well, based on the numbers of women that are
doing online dating and that are really into this whole sexual revolution
online, we're anticipating a lot of lovely ladies, for sure.
Daryn: Jo-, Josey Vogels, would you play this game?
Josey: Oh, I, I love this. I love this concept much more than the, the
turbo whatever. [laughter]
Jessi: Sex machine.
Brian: The milking machine.
Josey: The milking machine, yes, exactly. Um, yeah, I think it's really fun and I, 'cause
I think then it's that the idea of, like, taking control, right. And you can do what you want and I think actually
something like this would appeal to women because they can sort of explore
and experiment, but it's really safe and they can, they can decide how far
they want to go and that's some of the power and the appeal of online dating
and online interaction, sexual interaction for women.
Jessi: Right. And,
I think, Tina, you actually have said that the game empowers women.
Is that right? Because it's not like Grand Theft Auto where
you just, you know, banging prostitutes. Women
have an equal say. Is that right?
Tina: Absolutely.
Women are going to be in control. We're
going to be the stars of this game because if guys are saying and doing things
we don't like, we can leave. You know,
it's that simple. So, yeah, we're going
to be in control.
Josey: I like it.
Jessi: There you go. Well, you guys can check out all the hype for
yourself. It's NaughtyAmericaTheGame.com.
Thank you so much. [applause]
The CBSC received a complaint about the episode of MTV Live on April 19. The complainant's
primary concern was the segment about the virtual sex machine.
He expressed his discomfort in the following terms (the full text of
the correspondence can be found in Appendix B):
They interviewed a creepy middle-aged
guy who sold a masturbation device for boys. The interview was by far the most indecent thing
I've ever seen on television at any time, anywhere.
At 8:30 am, April 17/06 (Easter
Monday) MTV was talking to youth about sex and they featured a creepy middle-aged
guy who was selling his $400.00 masturbation device. It was the creepiest, most distasteful thing
I've ever seen on television!! This
was cable TV, Easter Monday at 8:30 am!! They
asked this "inventor" how it worked and they posted his website (www.virtualsex
...); it was disgusting! Please review
the tapes for yourself; you'll be flabbergasted. I was, and I don't consider myself to be religious
or even conservative; this, however, crossed so many lines of decency.
What can MTV say?
"Oh, we just want teens to know
what alternatives exist for masturbation."
"Oh, it was funny."
"Oh, we didn't realize that providing
a 50-year-old guy who invents sex toys and promotes its use and sales through
the internet might be a little creepy!"
Come on!!! If this is allowed, then anything at any time
is!
MTV Canada responded on May 19:
The thread on April 12, 2006
for MTV Live was "Virtual Sex".
Numerous guests were interviewed in studio and via webcam including
Eric J. White creator of the virtual sex machine.
We recognize that the topic of
virtual sex can be subjective and every television viewer is entitled to his
or her opinion and choice. As our flagship
program MTV Live is intended to
be an innovative, interactive television experience that generates healthy
debates about a wide range of topics.
Having said that we do regret
that this segment on MTV Live offended
you, please be assured that it is not our intention to offend our audiences.
We appreciate that you have taken the time to express your concerns
and we hope that you will continue to watch and find entertainment value in
some of the other MTV Programs on our schedule.
MTV is a member in good standing
of the Canadian Broadcast Standards Council and follows the Council's guidelines.
If you remain dissatisfied with our response to your concerns, please
be aware that you may contact the CBSC at complaints@cbsc.ca.
The complainant wrote back to the CBSC on May 26:
Below is my response letter to
MTV which follows their "apology".
I really want you, the CBSC, to view the tape for yourself and remember
that I saw it Easter Morning at 8:30 am!
[...]
Your generic form letter is what
I expected and perhaps we the public simply have to adjust to the "new
permissive media" that can pass off anything as "exploring an issue".
I suppose you would like to suggest
that, at 8:30 am on Easter Monday, you were doing my kids and me a favour
by exposing them to all the virtual sex options that they may find on the
internet.
Get real!
I bet you ... yes you, can't
watch the clip and think there was nothing wrong with it. If you and your producers think it's fine, please
provide warnings and restrictions with all of your programming and keep the
porno exploration themes to late in the evening ... if at all. Of course there's a lot of channels and a lot
of competition, but just because that's the case, doesn't mean you have to
"out-do" the competition by crossing boundaries of decency by leaps
and bounds.
The media is the new superpower
today. Just listen to the parents and
the teachers instead of feeding their kids crap. There is some responsibility with this power
and I suppose, in the end, all we can do is ask you not to abuse it.
the decision
The National Specialty Services Panel examined the complaint under the
following provisions of the Canadian Association of Broadcasters' (CAB) Code of Ethics and CAB Voluntary Code regarding Violence in Television Programming:
CAB Code of Ethics, Clause 10 - Television Broadcasting (Scheduling)
a)
Programming which contains
sexually explicit material or coarse or offensive language intended for adult
audiences shall not be telecast before the late viewing period, defined as
9 pm to 6 am. [...]
CAB Code of Ethics, Clause 11 - Viewer Advisories
To assist
consumers in making their viewing choices, when programming includes mature
subject matter or scenes with nudity, sexually explicit material, coarse or
offensive language, or other material susceptible of offending viewers, broadcasters
shall provide a viewer advisory
a)
at the beginning of, and after
every commercial break during the first hour of programming telecast in late
viewing hours which contains such material which is intended for adult audiences,
or
b)
at the beginning of, and after
every commercial break during programming telecast outside of late viewing
hours which contains such material which is not suitable for children.
CAB Violence Code, Article 4 - AGVOT's Classification System for
English-Language Broadcasters
Exempt
Descriptive
Exempt programming includes:
news, sports, documentaries and other information programming; talk
shows, music videos and variety programming.
Note: Exempt programming does not require an icon
for on-screen ratings.
PG - Parental Guidance
Descriptive
This programming, while intended
for a general audience, may not be suitable for younger children (under the
age of 8). Parents/guardians should
be aware that there might be content elements which some could consider inappropriate
for unsupervised viewing by children in the 8-13 age range.
Programming within this classification
might address controversial themes or issues. Cognizant that pre-teens and early teens could
be part of this viewing group, particular care must be taken not to encourage
imitational behaviour, and consequences of violent actions shall not be minimized.
[...]
Other Content Guidelines
Language: - might contain infrequent and mild profanity
- might contain mildly suggestive language
Sex/Nudity: - could possibly contain brief scenes of
nudity
- might have limited and
discreet sexual references or content when appropriate to the storyline or
theme
14+ - Over 14 Years
Descriptive
Programming with this classification
contains themes or content elements which might not be suitable for viewers
under the age of 14. Parents are strongly
cautioned to exercise discretion in permitting viewing by pre-teens and early
teens without parent/guardian supervision, as programming with this classification
could deal with mature themes and societal issues in a realistic fashion.
[...]
Other Content Guidelines
Language: - could possibly include strong or frequent
use of profanity
Sex/Nudity: - might include scenes of nudity and/or
sexual activity within the context of narrative or theme
The National Specialty Services Panel Adjudicators viewed a tape of the
broadcast and read all of the correspondence.
The Panel concludes that MTV Canada breached the requirements of Clauses
10 and 11 of the CAB Code of Ethics.
Evaluating Sexual Content
It goes without saying that there
is no mathematical formula that can be applied to determine whether sexual
content is exclusively intended for adult audiences. Nonetheless, the CBSC Panels have developed
criteria which they apply to programming in order to make that determination.
(It should be noted that the criteria applied to French-language programming
in this area tend to be less conservative than those applied to English-language
broadcast fare.) Generally speaking, it has been the combination
of nudity and sexual activity that has led CBSC Panels to conclude that programming
is exclusively adult-oriented. Over
time, though, and in the face of differing content, the CBSC has refined that
position and the key to its definition is sexual explicitness.
Therefore, even where there is neither nudity nor sexual activity,
there may still be enough explicitness in the dialogue, discussion or descriptions
to conclude that the programming is intended for adults.
In its definition of explicitness, the Panel not only includes evident
or obvious matter but also that which may be somewhat obscure or ambiguous. It must, needless to say, judge whether the
obscurity or ambiguity of the challenged matter becomes inappropriate for
viewing by those who are not adult. The
CBSC Panels have, over time, built empirical criteria in the Council's body
of precedents and that jurisprudence grows, in principle, with every grey-scale
decision.
In Showcase Television
re the movie Rats (CBSC
Decision 99/00-0772, August 23, 2001), for example, there was a prolonged
scene of sexual activity in which the actors remained fully clothed. This Panel did, however, determine that the
film was exclusively intended for adult audiences.
The Specialty Services Panel has no difficulty, though,
with the idea that it is sexual activity and not nudity that drives the "adult"
characterization. It is entirely clear
that a scene may be sufficiently sexually explicit without nudity that
it ought to be accessible to adults to the exclusion of younger family members.
The Panel considers that the second love-making scene in Rats,
which lasted for 1 minute and 25 seconds, falls into that category.
It is not merely a romantic encounter or suggestive.
It is erotic, actively demonstrative, extended, and climactic.
In Bravo!
re Love on the Line (CBSC Decision 00/01-1050, May 3, 2002), the documentary
film was about telephone dating services and telephone sex lines. Broadcast at 4:00-6:00 pm, the NFB film included
interviews with people who used and worked at such services. One male phone sex worker, Luc, was filmed during
the course of actual calls which contained sexually explicit dialogue such
as "I'd [...] take your cock in my hand" and "Come on me, all over." This Panel concluded that "the explicit sexual
descriptions of Luc [were] individually, and the moreso collectively, post-Watershed
material." In Canal D re Festival
Juste pour Rire and Comicographies Juste pour Rire: François Morency (CBSC
Decision 02/03-0142 & -0143, July 17, 2003), the Quebec Regional Panel
examined a complaint concerning Canal D's broadcast of a Juste pour Rire comedy program that included a segment
featuring Maxim Martin. He discussed
the introduction of "[translation] fat-free sperm for the whore who's watching
her weight"; and referred to then current and widely-discussed American experience
involving a "cigar in the vagina". The
routine by Maxim Martin, [.] was, in the view of the
Panel, lengthier, cruder and more graphic on the subjects of fellatio and
presidential masturbation of an intern with a large cigar, among others. Such material is suitable only for adult audiences
and must not be broadcast before the 9:00 pm Watershed hour.
In CHFD-TV
re the documentary Dirty Business: Sex, Thighs and Videotape (CBSC
Decision 04/05-1580, December 15, 2005), the
As might be understood from the corpus of CBSC jurisprudence, there is
no mathematical formula applicable to such programming. It is not the presence or absence of scenes
involving intercourse or other advanced sexual activity. It relates more to the balance of explicitness
and subtlety or innuendo, the nature of the activities, the force or power
of the sexuality or eroticism, the adult orientation of the content, the duration
and/or frequency of the sexual activities, to some extent the context, and
the overall confluence of such considerations.
[...]
In the present matter, the focus of the documentary film
is the combination of sexual and erotic activities and the maximization of
pecuniary benefit from them. There
is not even the modicum of an overlay of other issues [...].
While, in the matter at hand, the interviews were with
clothed people, there were clips from "pornographic" movies, website photographs,
footage shot at a sex trade show, clips of couples in various states of undress
engaging in sexual activities, and discussions with the Edmonton couple as
they determined how far Dawn should progress from her isolated erotic performances
to new levels of sexual contact with others. The
collective effect was clearly content that was, in the view of the Panel,
exclusively intended and solely appropriate for adult audiences.
Nor is the documentary saved by techniques such as blurring
or pixilation. [...] The Panel hastens to add that it does not express
any concern regarding the documentary film itself. It is dealing only with the issue of the Watershed
and, on this point, it concludes that the broadcast of the documentary prior
to the Watershed constitutes a breach of Clause 10 of the CAB Code of Ethics.
Applying these principles to the challenged program, the Panel finds that
the discussion of the Virtual Sex Machine, and the Naughty America on-line
sexual game were sufficiently explicit and specific to be inappropriate for
non-adult eyes and ears before the Watershed, particularly in an 8:00 am time
slot and as a part of a program intended for non-adult viewers. On the other hand, for example, the Panel does
not find either the item about Paul the Intern or the dialogue with Pink explicit
enough to be relegated to a post-9:00 pm time slot. For that matter, the theme of the episode, namely,
internet sex, would not per se have been problematic; however, the
illustration of the theme with references to the other segments noted in this
paragraph was unduly explicit. Consequently,
the Panel concludes that the broadcast in question was in breach of Clause
10 of the CAB Code of Ethics.
Viewer Advisories
Viewer advisories provide audiences with the opportunity to alert viewers
to forthcoming content that may be "susceptible of offending viewers", in
the language of Clause 11. In other
words, the threshold is not as high as that which determines whether the underlying
program must be shown after the Watershed. Where, though, as in the case of the content
of the challenged episode, the Panel has
determined that the program ought to have run after 9:00 pm, it is clear that
viewer advisories will be necessary at the start of the program and coming
out of each commercial break. The broadcaster
did not provide such advisories and is therefore in breach of Clause 11(b)
of the CAB Code of Ethics.
Classification
Classification is only required for certain types
of programming, namely, children's programming, dramatic programming, reality
programming and feature films (which are, of course, a form of dramatic programming).
All information-based programming such as newscasts, public affairs
shows, magazine programs, talk shows, and documentaries, is exempt. Sports
programming, music videos and variety programming also fall into this category. As a magazine / talk show program, MTV Live is, therefore, exempt from any
requirement to include classification icons.
In a comparable circumstance, that of a documentary film, dealt with
by this Panel in Bravo! re the film
Chippendales & the Ladies
(CBSC Decision 01/02-0379, September 13, 2002), the broadcaster also included
ratings information although the program fell into an exempt category. This Panel echoes its observation in that decision,
namely, that "the broadcaster's decision to include such information
[was] thoughtful, helpful and praiseworthy." When, at any time, a broadcaster provides the
viewer with more information on
which to base a tuning decision, it is taking a positive and helpful step,
and one that is to be lauded and encouraged.
That being said, the Panel is of the view that the PG classification
adopted by the broadcaster was not high enough, since the challenged episode
included "themes or content elements which might not suitable for viewers
under the age of 14." There is, however,
no Code breach associated with this conclusion on this occasion.
Broadcaster Responsiveness
The CBSC always assesses the broadcaster's responsiveness
to the complainant, which is a responsibility of membership in the Council.
It expects that response to be thoughtful and focussed on the substance
of the complaint. In the matter at hand, the Panel considers that
the response from the Sr. Vice-President
& General Manager of MTV constitutes a sufficient reply to fulfill MTV's obligation
of responsiveness on this occasion.
announcement
of the decision
MTV Canada is required to: 1) announce
the decision, in the following terms, once during prime time within three
days following the release of this decision and once more within seven days
following the release of this decision during the time period in which this
episode of MTV Live was broadcast;
2) within the fourteen days following the broadcasts of the announcements,
to provide written confirmation of the airing of the statement to the complainant
who filed the Ruling Request; and 3) at that time, to provide the CBSC with
a copy of that written confirmation and with air check copies of the broadcasts
of the two announcements which must be made by MTV Canada.
The Canadian Broadcast Standards Council has found
that MTV Canada breached the Canadian Association of Broadcasters' Code of Ethics in its broadcast of an episode
of MTV Live on April 17, 2006.
The Council found that the sexual explicitness
of the early morning broadcast breached the requirement
of Clause 10 of the CAB Code of Ethics
that such content not be aired before the industry-established Watershed hour
of 9:00 pm. The Council also concluded
that, by failing to air any viewer advisories during the course of the program,
alerting potential viewers to the sexual content of the program, MTV Canada
breached the provision in Clause 11 of the CAB Code of Ethics requiring
the use of viewer advisories.
This decision is a public document
upon its release by the Canadian Broadcast Standards Council.