CJOH-TV broadcast the feature film White Men Can't Jump at 9 pm on November 11, 1994. The film was preceded by an on-screen viewer's advisory which stated:

Tonight's feature deals with mature subject matter and contains some sex and coarse language throughout. Viewer discretion is advised.

There was also an oral advisory given at the start of the film; further advisories were shown at the commercial breaks at 9:15, 9:27 and 9:42.

There is no need for the Canadian Broadcast Standards Council to provide the customary transcript of challenged remarks. A sufficient number of the offending words are cited in the complainant's letter below. Suffice it to say for these purposes that the film is replete with epithets and very coarse street language. There are also two love-making sequences which are not particularly graphic, or even the subject matter of the viewer's complaint.

The Complaint

On November 12, the viewer sent a letter to the broadcaster, complaining about the film and describing some of the language used during the course of the film. He said:

I am absolutely disgusted and shocked that anyone at your station would see fit to air this movie, unedited.

This film carries a Restricted rating, due to extremely foul language, sexual content and nudity. The fact that only a paying population over the age of 17 could see this film on its release makes it even more unbelievable that you would release it, unedited, over free airways. This movie aired at 9:00 pm, prime-time, at an hour when impressionable minds, unable to discriminate, would hear oft-repeated exclamations like "cocksucker," "mother-fucker," "Jesus Christ," "bullshit," "asshole," and, quite literally, an innumerable amount of simple "fuck's" (this only from the first 30 minutes that I chose to observe, dumbfounded).

What has this world come to that I am now required to maintain constant watch over my children, in my own home, on free-access TV? Are those in the industry with the responsibility to make sound decisions, amoral, completely lacking in judgement, or was this simply a terrible mistake left unchecked through numerous levels of management? The argument that a five second disclaimer appearing before each segment makes it permissible for this trash to filter into my home and into the minds of young children is ridiculous. Anyone with an iota of common sense will admit this.

... The fact that this movie was ever considered to air uncensored is a tragic statement on slipping standards and an indication of the overly extended leash that has apparently been afforded to you in the broadcast industry.

The Broadcaster's Reply

The Vice-President and Station Manager of CJOH-TV responded to the viewer on November 25. He said, among other things:

We appreciate your concerns in regards to the language and mature themes of this feature film, and offer our apologies if the content was distasteful to you.

In responding to your letter, we wanted to provide you with some background information on the recent developments of industry codes and standards which played a role in the decision by BBS - Ontario (CJOH TV) to air this film.

Last January, the Canadian Association of Broadcasters adopted a new, CRTC-approved code which dealt primarily with the issue of violence in television programming

When the Code was crafted, broadcasters were cognizant that in addition to concerns on violence, many in our audience also had views on the issues of language, nudity and mature themes in television programming. To that end, the Code's Statement of Principle states in clause 1.2.3:

"that viewers be informed about the content of programming they choose to watch"

That theme is carried through in the Code itself in Section 3, the scheduling provisions, which read as follows:

3.1.1 Programming which contains scenes of violence intended for adult audiences shall not be telecast before the late evening viewing period, defined as 9 pm to 6 am.

3.1.2 Accepting that there are older children watching television after 9 pm, broadcasters shall adhere to the provisions of article 5.1 (Viewer advisories), enabling parents to make an informed decision as to the suitability of the programming for their family members.

BBS Ontario - CJOH TV, along with many other broadcasters, has adopted the provisions of Section 3.1.1 - the establishment of a "watershed hour" for adult programming containing violence - to also apply to the scheduling of programming which may have elements of language, nudity or mature themes.

To that end the decision was made that this film would be telecast after 9 pm, and would carry appropriate advisories, to enable viewers to make an informed decision on whether or not the film would be suitable for them.

The advisory which aired throughout the first hour of the program was as follows:

"Tonight's feature deals with mature subject matter and contains some sex and coarse language throughout. Viewer discretion Is advised."

This advisory, in both audio and video form, was aired before the film began, and at the resumption of the film coming out of commercial breaks during the first hour of the program.

In editing the film for telecast, careful consideration was given to the language elements. It was the view that while use of the coarse language could possibly be offensive to some viewers, it was not gratuitous, in that it suited the nature of the characters and the physical setting of the plot.

Within the context of the overall story, the script reflects the language of the street, and as such is part of the lexicon of that particular reality. To have cut all the coarse language would have impaired the dialogue continuity. That in turn would have been a disservice to the film's creators and, in the end, to those viewers who wish to see films presented in as much of their original theatrical version as possible.

We appreciate that taste is a highly subjective matter. What is humorous to one individual could be insulting to another. The same is true of language, and nudity. That is why we took particular care in the wording and placement of the viewer advisories. We wanted to ensure that members of our audience who might possibly find the content not to their liking would have ample opportunity to make another viewing choice.

We regret that the content of this feature film was unpalatable to you. However we believe that in the scheduling of this movie, and with the provision of the viewer advisories, that we have met the conditions of the various industry codes to which we subscribe, as a member of the Canadian Broadcast Standards Council (CBSC).

The viewer was unsatisfied with this response and requested, on December 27, that the CBSC refer the matter to the appropriate Regional Council for adjudication.