Depictions of cross-dressers in local broadcast and its regulations

​Cheung Ting Ho

Image Source: TVB drama series Swordsmen

Cheung Ting Ho is a law student at HKU enrolled in the BBA (Law) & LLB programme. He is a passionate LGBTQIA+ rights advocate. 


Very recently, a local TV channel has been reported for its allegedly discriminatory depictions of cross-dressers as social transgressors in its sitcom. This stirs up public debates. Crossdressing is long stigmatized in Hong Kong. Its Chinese translation, jik6fuk6pik1 (易服癖) hints us to its perceived morbidity as pik1 means fetish which carries senses of abnormality in Chinese. This blog attempts to reveal how theatrical depictions of crossdressers reinforce negativity in crossdressers’ public image and the relevant legal issues in local contexts.

Disputes over crossdressing 

In every culture, as time progresses, a set of norms would inevitably arise which divides and associates ‘things and activities according to the opposition between the male and the female’. These classifications result in hegemonic inspections in varying individual personas with a set of fossilized standards, namely gender stereotypes. When the ‘consensus of acceptance of what is happening around’ is erased, people feel estranged to uncommon practices which challenge their long-standing beliefs. This is where disputes on cross-dressing, ‘a practice of assuming a role of the opposite gender from that of the performer’ (Chan, 2019, p.2) lie.

Crossdressing is a double-edged sword. It was once illegal, police raided Stonewall Inn like cunning hyenas and attempted to arrest cross-dressers. It has now been a core reification of the pride of the LGBTQIA+ community, to mesmerize the unity of the community, the trials and the tribulations from the outside world.  RuPaul’s shows are a part of the pop culture, opening the gate for friendly individuals to explore the off-limit world of the gay community. Although not always the case, crossdressers symbolize the world’s contemporary gay enlightenments.

History of theatrical depictions of crossdressing

Traditionally, cross-dressers are more likely to be depicted negatively, although not necessarily on discriminatory basis. 

One prominent approach is to villainize cross-dressing characters. In the renowned Hollywood Musical, Rocky Horror Show, the antagonist, Frank-N-Furter, is a mad scientist, a cold-blooded murderer as well as a cross-dresser indulged in lust. Sonically, the performer intensively uses falsetto and harsh voices, which are ubiquitous vocal skills used to convey wickedness in dramatic situations, especially in portrating gay individuals (Podesva, 2007). In local cinemas, the most iconic role would take us back to the 90’s. In the 1993 version of Swordsman II, the character, DongFangBuBai, starred by Brigette Lin, is the cruel antagonist of the story who castrated himself to learn the Sunflower Manual which made him become an extremely formidable martial artist. His personality became more feminine while cruel as a consequence. This is evidenced by him forcing his subordinates to take poison  so that they would submit to him. Through building up negative perceptions towards cross-dressing characters, theatrical works have been utilized to reinforce gender stereotypes under heterosexual hedonism. To conclude, theatrical cross-dressing ‘signifies the ideology of the patriarchy that produces it’ (Li, 2003, p.18).

Latest incident

Recently, the local audience came across a controversial moment when cross-dressers are arguably not only negatively depicted but also stigmatized. In the sitcom, Lo And Behold produced by TVB, a transvestite forcefully drags a male character into a washroom cubicle, and makes the man cross-dress. The transvestite also called himself Otokonoko (in Chinese 偽娘 which means unreal women). This forcefully ignores unique gender representations of cross-dressers by seeing from the point of binary sex divisions. In real-life, wide-ranging gender identities are demonstrated, including not only trans-male, trans-females but even incorporations of intersex elements which transgress the binary divisions of sexes. It is also accused of depicting cross-dressers as a nuisance based solely on their unique sexual expression. 

Netizens have started a petition to request producers to apologize and stop providing replays of the episode on its app and websites.

Legal disputes in local context

With clearer guidelines nowadays, local broadcasting companies are more susceptible to complaints if inappropriate content is displayed. For example, in the Generic Code of Practice of Television Program Standards issued by the Communications Authority under s.3 of the Broadcasting Ordinance (Cap. 562), it is noted that in presentations of television programmes, a licensee should not include any material which is likely to encourage hatred against or fear of, and/or considered to be denigrating or insulting to any person(s) or group(s) on the basis of ethnicity, nationality, race, gender, sexual preference, religion, age, social status, or physical or mental disability. Specifically, “incitement to violence against specific groups identified by race, national or ethnic origin, colour, religion, gender, sexual orientation, age, mental or physical disabilities should not be permitted” in shows produced by licensees. 

Any suspected violation of the Code would be investigated by the Communications Authority. Potential legal consequences include fines, suspension or even revocation of licenses under the Broadcasting Ordinances. Applicants could appeal to the Chief Executive in Council under s.34 of the Broadcasting Ordinance. 

Nonetheless, to strike a balance between free media and public interests, the Communications Authority has exercised self-restraint by considering a holistic range of factors like types of programs, time, circumstances, target audience and merits. 

Conclusion

Local television stations, as important information providers in society, are obliged to operate ethically and rightfully under licensing terms. Any form of discriminatory practices against minorities should be strictly dealt with, especially in light of their habitual negative depictions of cross-dressers. To wrap up, despite the author’s disapproval on Rocky Horror Show, the author would, with due respect, adapt and adopt the character’s, Frank-N-Furter, famous lines,

‘But maybe the conservativeness
Is really something to blame
So we, sweet transvestites, will remove the cause
But not the symptom'

Reference

1. Bourdieu, P. (2001), Masculine domination. Polity Press

2. Chan, K.Y. (2019), Cross-Dressing and Gendered Voice Representation in Cantonese Opera. Comparative Literature: East & West, 3(1), 1-14, https://doi.org/10.1080/25723618.2019.1615727

3. Li, S.L. (2003). Cross-dressing in Chinese Opera. Hong Kong University Press

4. Podesva, R.J. (2007). Phonation type as a stylistic variable: The use of falsetto in constructing a persona. Journal of Sociolinguistics, 11(4), 478-504, https://doi.org/10.1111/j.1467-9841.2007.00334.x

5. Podesva, R.J., Callier, P. (2015). Voice Quality and Identity. Annual Review of Applied Linguistics, 35, 173-194, https://www.cambridge.org/core/journals/annual-review-of-applied-linguistics/article/abs/voice-quality-and-identity/E4DA7D656DB6D0B9748CDB00A9ABB57F 

6. Sabhani, M.I., Hasan, S.A., Osman A. (2012). Cross-Dressing: A curse or an inspiration?. European Journal of Social Sciences, 33(1), 150-154. https://mpra.ub.uni-muenchen.de/40381/

7. Teshigawara, M. (2003). Voices in Japanese Animation: A Phonetic Study of Vocal Stereotypes of Heroes and Villains in Japanese Culture [Doctoral dissertation, The University of Victoria]. http://dspace.library.uvic.ca/handle/1828/361?show=full