TUKS FM - Intimate Reference to Sexuality

The complaint was that on the 8th November 2005 at 16:40 a presenter called a person and inquired what had taken place at a party. He was asked whether a certain girl had given him a “blow job”. The complainant’s daughter of 15 was with her in the motor car and the complainant regarded the use of the term and discussion thereof to have been seriously banal and not appropriate for a broadcast. Her view was that a large number of children would have been part of the audience at that time of the day.

The reference and discussion was regarded as having been harmful to a substantial number of children under 16 years in their sexual education and upbringing. The Tribunal is, accordingly, of the view that the reference and discussion was not only inappropriate, but also harmful to the sexual education of younger children. It raised questions which a substantial number of parents simply do not wish to address at that stage. Even children from pre-school years are already given information about sexual organs at pre-primary schools, and the banal reference raised questions which, if asked, should be addressed at a later stage. The reference and discussion are likely to harm at least a substantial number of children in their sexual upbringing.

Complaint upheld and station fined to payment of a R1 500 fine.

JOL Ref - Theron v TuksFM [2006] JOL 16787 (BCTSA)