RSG - Crude Song Lyrics 

Complaint about the use of the word “naai” in an Afrikaans song, which was a broadcast of a live recording.  Only very naïve persons would not realize that the word is used in its secondary meaning which is the equivalent of the English “f” word.  The song was broadcast at about 22:50 and the Tribunal considered that this is a time when large numbers of children (i.e. 16 years and younger) cannot be expected to be part of the audience (clause 18.1). Progressively less suitable material may be broadcast as the period after the watershed proceeds (clause 23 of the Code).  The programme was not specially designed for children (clause 26). A warning was broadcast earlier in the evening to inform listeners as to the nature of the programme.  The right to freedom of expression entails that what may be broadcast is not only material that is favourably received but also that which “offends, shocks or disturbs”.  Such are the demands of democracy, which expects tolerance for the views of others.  No contravention of the Code was found.  The complaint was not upheld.

JOL Ref - Perkins v RSG [2006] JOL 17474 (BCTSA)