Institutional Homophobia and Transphobia by the National Council for Radio and Television
23/06/2010
Submitted by
Themis Katsagiannis
The National Council for Radio and Television (NCRT) was founded in 1989 and it is one of the oldest independent authorities in Greece. Its mandate involves upholding the laws that regulate the existence and function of radio and television stations, but it has become notorious for the very high monetary penalties it imposes on such stations. In several occasions it has dealt with issues that relate to the lgbt community, all in a rather negative way.
1. The kiss
On October 6th 2003 an episode of the series “Kleise ta Matia” (Close your Eyes) aired, which showed two men exchanging a kiss. The NCRT decided on November 11th 2003 to impose a fine of 100 000 euro to the tv station MEGA CHANNEL (decision 371-2003). In the decision we read: “It is about dialogues, expressions and scenes that degraded the whole transmission…The whole transmission is capable of familiarizing childhood and youth with vulgarity and therefore incur damage.” The decision was not unanimous, since some members of the NCRT asked for a lower fine. The tv station appealed the decision to the supreme administrative court and won.
The fine was cancelled and the court said that “the presentation itself of a scene with which is depicted simply the homosexual erotic desire, with a kiss and without scenes of pornographic content or profanity, can in no case be considered to impart to the controversial scene the constitutionally forbidden low and degraded quality, which would render it reprehensible. With the expression in the controversial scene of the homosexual erotic desire, an existent social reality is presented, which relates to a social group, among the many that make up an open and modern democratic society, the erotic choices of which, are not only not shunned by the constitutional order of the country, but on the contrary it is imposed by article 2 (respect and protection of the value of humans) and 5 par. 1 (protection of personal freedom) as an expression of free choice of its members, to be fully respected and to be able to be expressed in works of art, like the erotic choices and sensitivities of the other groups of the country’s population.”
2. Athens Gay and Lesbian Show
The “Athens Gay and Lesbian Show” was a radio transmission of EPIKOINONIA FM, the radio station of the municipality of Herakleion in Athens. The show was presented by Maria Cyber, but was canceled after a fine of 5 000 euro was imposed, because of what was said by the hostess on July 14, 2004. With decision 408-2004, published on December 21st 2004 the NCRT said that it was a show of low and degraded quality, because the hostess played matchmaker on air and gave directions for lgbt bars and clubs.
3. The Brigadier
On May 15th the NCRT correctly imposed a fine of 100 000 euro to ALTER tv station for the show “Zougla” (Jungle) which aired on March 1st 2007. The topic of the show was a brigadier of the greek army that maintained a profile on the lgbt social networking site gaydar. The show was filled with vulgar expressions against gay men and it received a fine of 100 000 euro with decision 241-2007. The negative aspect of the decision is that it imposed the same fine, and therefore it equates a gay kiss (see above) with the profanity that aired in this show for hours. Moreover, the NCRT uses humiliating language to refer to gay men calling them “persons to which are ascribed oddities.”
4. The Moment of Truth
On March 10th 2009 the NCRT imposed a fine of 75 000 euro to the television station ANTENNA for five episodes of the tv show the “Moment of Truth” (decision 105-2009). In this reality tv game one of the players had clear homosexual tendencies, which according to the NCRT are “his perversions, his illegal acts, the scandalous events of his life and the unacknowledged desires and intentions” the presentation of which lead to “the deconstruction of his personality and his ridicule.” For the second time the NCRT says that the homosexuality related content of α show can be dangerous for children.
5. Pornucopia & Sex and Shopping
With decision 197-2009 taken on May 5th 2009 the NCRT imposed a fine of 20 000 euro to SKY tv station for the shows “Pornucopia” and “Sex and Shopping”. The first documentary type of show had to do with the production of gay and lesbian porn films. It aired after 24.00 and had the highest type of viewer warning. Even so, the NCRT decided that “from no legal clause can we assume that such transmissions, because of the time that they air, may not have the quality demanded by article 15 par. 2 of the constitution or the respect to the value of humans demanded by the same clause.” In the episode titled “Some Like it Hot” of the “Sex and Shopping” series there is an extensive mention to the production of gay porn, which scandalized the NCRT because the viewers are prompted according to the NCRT to take part in the production of such films.
6. Straight Story
On March 16th 2010 the NCRT took yet another homophobic decision (128-2010), which for the third time aimed at the protection of minors. It imposed a fine of 30 000 euro to MEGA CHANNEL for showing the greek comedy “Straight Story”, in which the world is reversed in a way that homosexuality is the norm and heterosexuality is shunned and persecuted. For the NCRT this movie “clearly…can incur serious damage to the mental and moral development of minors.”
7. Buck Angel
The protection of minors is the ground for a transphobic decision of the NCRT against the tv show “Fotis and Maria live”. Decision 207-2010, which was taken on April 27th 2010, came about as a result of the presentation of trans man Buck Angel on January 18th 2010. He spoke about his participation to the 4th Athens Porn Film Festival and his personal experience with transgender issues and gender reassignment. In the NCRT’s decision we read the following: “the show aired at a time of children viewing with the viewer warning ‘Parental Consent Desirable’, while, due to its content and the damage that it could cause to the moral development of minors, it should have aired with the viewer warning ‘Appropriate Only for Minors over 15 years old’ and after 22.30.” According to this decision transexualism even when it is depicted with dignity, in its human dimension and without exaggeration, it is a danger to minors. A 20 000 euro fine was imposed to tv station STAR CHANNEL.
8. Betty Vakalidou
A second transphobic decision (219-2010) was made by the NCRT against the same show, “Fotis and Maria Live”, on May 4th 2010 for a transmission that aired on February 24th 2010. For the fifth time, the reason for the 30 000 euro fine was the protection of minors. A guest in the show was trans woman, well known writer, actress and person of the year for 2007, Betty Vakalidou. She spoke about the internationally acclaimed and awarded film in which she participates “Strella” by director Panos Koutras, which depicts the love affair between a trans woman and a man. She also spoke about transphobic violence and her personal experience as a victim of violence and her work as a writer. Before the official release of the decision several articles in the press mentioned the following as part of the decision:
“Regarding the issue that was presented during the transmission of the show, the participation, as a guest, of mrs. Vakalidou (transsexual actress and writer), we mention that she was very discrete and serious, without provoking with what she said. But with good reason one wonders if the content of what she said, because she referred to personal experiences and reactions of her family and the world in general about her gender change and about transsexuals, was difficult to be understood by minor audiences, given that this issue is foreign, or even unknown to them or at least to most of them and therefore could affect them negatively.
The issue of homosexuality (the preference, sexually, of persons of the same sex) and of gender change with or without surgical intervention that was presented from the show in question constitutes a social issue and a reality that concerns a small number of people. It is a situation that strays from what is natural, and thus bothers to a substantial degree the minor viewer, who because of his young age is not in the position to understand and grasp the issue and so may be affected by the transmitted material. The presentation of elements about the erotic life of homosexuals or transsexuals, about the process of sex change and about the feelings and experiences of the interviewee, perhaps could affect negatively the minor viewers, who, because of the time of the show’s transmission (between 16.25 and 18.30), could watch, given also that because of the nature of the show the analysis of such issues was not expected.
This peculiarity in sexual preferences and choices of certain individuals that was broadcasted as an issue from the show in question, does not constitute the rule, but it is observed in a small percentage of persons and as a result it is basically a deviation from the usually manifested erotic behavior. It should, therefore, be examined to what extent, through the projection from this show of this sexual peculiarity, it is possible to cause confusion as to the sexual orientation of adolescents or to be created to them and to children of a younger age the wrong impression as to the relationship of the two sexes and the peculiarities of an individual regarding its sexual behavior. Consequently, this certain issue, is probably for the above reasons deemed to be inappropriate to be watched by minors, because it is capable of having a negative effect on the normal development of their personality and their erotic behavior, given that minors are at an age in which their erotic behavior has not yet fully formed and they like experimenting, trying anything different and they imitate behaviors of others.
This extensive presentation of the specific topic and the presentation of “transsexuals” as normal persons that are incorporated smoothly into society through a mass communications medium (television) at an afternoon hour, when viewers, minors or not, watch carefree and inapprehensive for the transmission of such complex and intricate matters from an organic, social and moral point of view, could affect negatively the development of their personality.”
After a protest, outside the NCRT building and a meeting with its members the final decision came out, which stated the following:
“It is about a transmission during which there is a discussion of the two hosts and a book writer
…
The presentation of this violent incident (a tv show which included the attempted murder of a transvestite after her partner finds out about her) against a person that has a problem of gender determination, rendered the show outside the limits imposed by the constitution which demands respect to the value of humans and the protection of childhood and youth.”
It is clear that such decisions and hefty fines can lead to the eradication of lgbt individuals from television and radio, since tv and radio stations will want to avoid paying fines. Such decisions are clearly dangerous to the impartial and free access to mass communication media and consequently to the struggle for the improvement of the situation of lgbt individuals, since an essential part of it is reaching the masses. It therefore sets substantial obstacles to campaigning for legislative and societal change, and hinders the struggle to ensure the human rights of the lgbt population in Greece.
1. The kiss
On October 6th 2003 an episode of the series “Kleise ta Matia” (Close your Eyes) aired, which showed two men exchanging a kiss. The NCRT decided on November 11th 2003 to impose a fine of 100 000 euro to the tv station MEGA CHANNEL (decision 371-2003). In the decision we read: “It is about dialogues, expressions and scenes that degraded the whole transmission…The whole transmission is capable of familiarizing childhood and youth with vulgarity and therefore incur damage.” The decision was not unanimous, since some members of the NCRT asked for a lower fine. The tv station appealed the decision to the supreme administrative court and won.
The fine was cancelled and the court said that “the presentation itself of a scene with which is depicted simply the homosexual erotic desire, with a kiss and without scenes of pornographic content or profanity, can in no case be considered to impart to the controversial scene the constitutionally forbidden low and degraded quality, which would render it reprehensible. With the expression in the controversial scene of the homosexual erotic desire, an existent social reality is presented, which relates to a social group, among the many that make up an open and modern democratic society, the erotic choices of which, are not only not shunned by the constitutional order of the country, but on the contrary it is imposed by article 2 (respect and protection of the value of humans) and 5 par. 1 (protection of personal freedom) as an expression of free choice of its members, to be fully respected and to be able to be expressed in works of art, like the erotic choices and sensitivities of the other groups of the country’s population.”
2. Athens Gay and Lesbian Show
The “Athens Gay and Lesbian Show” was a radio transmission of EPIKOINONIA FM, the radio station of the municipality of Herakleion in Athens. The show was presented by Maria Cyber, but was canceled after a fine of 5 000 euro was imposed, because of what was said by the hostess on July 14, 2004. With decision 408-2004, published on December 21st 2004 the NCRT said that it was a show of low and degraded quality, because the hostess played matchmaker on air and gave directions for lgbt bars and clubs.
3. The Brigadier
On May 15th the NCRT correctly imposed a fine of 100 000 euro to ALTER tv station for the show “Zougla” (Jungle) which aired on March 1st 2007. The topic of the show was a brigadier of the greek army that maintained a profile on the lgbt social networking site gaydar. The show was filled with vulgar expressions against gay men and it received a fine of 100 000 euro with decision 241-2007. The negative aspect of the decision is that it imposed the same fine, and therefore it equates a gay kiss (see above) with the profanity that aired in this show for hours. Moreover, the NCRT uses humiliating language to refer to gay men calling them “persons to which are ascribed oddities.”
4. The Moment of Truth
On March 10th 2009 the NCRT imposed a fine of 75 000 euro to the television station ANTENNA for five episodes of the tv show the “Moment of Truth” (decision 105-2009). In this reality tv game one of the players had clear homosexual tendencies, which according to the NCRT are “his perversions, his illegal acts, the scandalous events of his life and the unacknowledged desires and intentions” the presentation of which lead to “the deconstruction of his personality and his ridicule.” For the second time the NCRT says that the homosexuality related content of α show can be dangerous for children.
5. Pornucopia & Sex and Shopping
With decision 197-2009 taken on May 5th 2009 the NCRT imposed a fine of 20 000 euro to SKY tv station for the shows “Pornucopia” and “Sex and Shopping”. The first documentary type of show had to do with the production of gay and lesbian porn films. It aired after 24.00 and had the highest type of viewer warning. Even so, the NCRT decided that “from no legal clause can we assume that such transmissions, because of the time that they air, may not have the quality demanded by article 15 par. 2 of the constitution or the respect to the value of humans demanded by the same clause.” In the episode titled “Some Like it Hot” of the “Sex and Shopping” series there is an extensive mention to the production of gay porn, which scandalized the NCRT because the viewers are prompted according to the NCRT to take part in the production of such films.
6. Straight Story
On March 16th 2010 the NCRT took yet another homophobic decision (128-2010), which for the third time aimed at the protection of minors. It imposed a fine of 30 000 euro to MEGA CHANNEL for showing the greek comedy “Straight Story”, in which the world is reversed in a way that homosexuality is the norm and heterosexuality is shunned and persecuted. For the NCRT this movie “clearly…can incur serious damage to the mental and moral development of minors.”
7. Buck Angel
The protection of minors is the ground for a transphobic decision of the NCRT against the tv show “Fotis and Maria live”. Decision 207-2010, which was taken on April 27th 2010, came about as a result of the presentation of trans man Buck Angel on January 18th 2010. He spoke about his participation to the 4th Athens Porn Film Festival and his personal experience with transgender issues and gender reassignment. In the NCRT’s decision we read the following: “the show aired at a time of children viewing with the viewer warning ‘Parental Consent Desirable’, while, due to its content and the damage that it could cause to the moral development of minors, it should have aired with the viewer warning ‘Appropriate Only for Minors over 15 years old’ and after 22.30.” According to this decision transexualism even when it is depicted with dignity, in its human dimension and without exaggeration, it is a danger to minors. A 20 000 euro fine was imposed to tv station STAR CHANNEL.
8. Betty Vakalidou
A second transphobic decision (219-2010) was made by the NCRT against the same show, “Fotis and Maria Live”, on May 4th 2010 for a transmission that aired on February 24th 2010. For the fifth time, the reason for the 30 000 euro fine was the protection of minors. A guest in the show was trans woman, well known writer, actress and person of the year for 2007, Betty Vakalidou. She spoke about the internationally acclaimed and awarded film in which she participates “Strella” by director Panos Koutras, which depicts the love affair between a trans woman and a man. She also spoke about transphobic violence and her personal experience as a victim of violence and her work as a writer. Before the official release of the decision several articles in the press mentioned the following as part of the decision:
“Regarding the issue that was presented during the transmission of the show, the participation, as a guest, of mrs. Vakalidou (transsexual actress and writer), we mention that she was very discrete and serious, without provoking with what she said. But with good reason one wonders if the content of what she said, because she referred to personal experiences and reactions of her family and the world in general about her gender change and about transsexuals, was difficult to be understood by minor audiences, given that this issue is foreign, or even unknown to them or at least to most of them and therefore could affect them negatively.
The issue of homosexuality (the preference, sexually, of persons of the same sex) and of gender change with or without surgical intervention that was presented from the show in question constitutes a social issue and a reality that concerns a small number of people. It is a situation that strays from what is natural, and thus bothers to a substantial degree the minor viewer, who because of his young age is not in the position to understand and grasp the issue and so may be affected by the transmitted material. The presentation of elements about the erotic life of homosexuals or transsexuals, about the process of sex change and about the feelings and experiences of the interviewee, perhaps could affect negatively the minor viewers, who, because of the time of the show’s transmission (between 16.25 and 18.30), could watch, given also that because of the nature of the show the analysis of such issues was not expected.
This peculiarity in sexual preferences and choices of certain individuals that was broadcasted as an issue from the show in question, does not constitute the rule, but it is observed in a small percentage of persons and as a result it is basically a deviation from the usually manifested erotic behavior. It should, therefore, be examined to what extent, through the projection from this show of this sexual peculiarity, it is possible to cause confusion as to the sexual orientation of adolescents or to be created to them and to children of a younger age the wrong impression as to the relationship of the two sexes and the peculiarities of an individual regarding its sexual behavior. Consequently, this certain issue, is probably for the above reasons deemed to be inappropriate to be watched by minors, because it is capable of having a negative effect on the normal development of their personality and their erotic behavior, given that minors are at an age in which their erotic behavior has not yet fully formed and they like experimenting, trying anything different and they imitate behaviors of others.
This extensive presentation of the specific topic and the presentation of “transsexuals” as normal persons that are incorporated smoothly into society through a mass communications medium (television) at an afternoon hour, when viewers, minors or not, watch carefree and inapprehensive for the transmission of such complex and intricate matters from an organic, social and moral point of view, could affect negatively the development of their personality.”
After a protest, outside the NCRT building and a meeting with its members the final decision came out, which stated the following:
“It is about a transmission during which there is a discussion of the two hosts and a book writer
…
The presentation of this violent incident (a tv show which included the attempted murder of a transvestite after her partner finds out about her) against a person that has a problem of gender determination, rendered the show outside the limits imposed by the constitution which demands respect to the value of humans and the protection of childhood and youth.”
It is clear that such decisions and hefty fines can lead to the eradication of lgbt individuals from television and radio, since tv and radio stations will want to avoid paying fines. Such decisions are clearly dangerous to the impartial and free access to mass communication media and consequently to the struggle for the improvement of the situation of lgbt individuals, since an essential part of it is reaching the masses. It therefore sets substantial obstacles to campaigning for legislative and societal change, and hinders the struggle to ensure the human rights of the lgbt population in Greece.
