The complainant claimed the ad caused his three-year-old daughter distress, did not contain any warnings and could not be switched off.
The commission ruled that the matter was outside its jurisdiction.
"Orders by subscribers of replay of films and available promos which accompany such choice do not amount to a broadcast, and do not fall under the jurisdiction of the BCCSA," it said in a statement.
"The electronic communication is comparable to an order by way of the internet."
MultiChoice told the commission the service did not form part of its DStv subscription programming and the advertisement was similar to any used to promote a film in a theatre or DVD rental store.
A second issue dealt with by the BCCSA in the ruling related to the protection of children from harmful materials.
The BCCSA said there were three mechanisms to protect children.
The first was a watershed, on a sliding scale, between 8pm and 5am where the more explicit the material, the later it would be broadcast.
The second mechanism was a parental block where the adult subscriber could exclude material ranging from a PG to 18 classification through the use of a pin number.
The third method was the broadcaster blocking out all films in the 18 and R18 category which could be activated by an adult subscriber through using a pin number.
A fourth method, where a subscription broadcaster blocked out a full channel rented by a subscriber until activated by a pin number, was not yet operational.
All the mechanisms were acceptable to the BCCSA as they granted special protection for children, the commission said.
Source: Sapa via I-Net Bridge
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