Complaints about explicit and graphic lyrics contained in songs played by 5FM on 29 and 30 May 
2006 at 9:30 and 10:15 respectively. The Tribunal held that it must be taken into account that sexually suggestive lyrics are common to many forms of popular music, that the songs are by major international artists and played on top 40 radio programmes worldwide. Furthermore, it was the radio edit or ‘clean versions’ of the songs, where all forbidden swear words were edited out, that were broadcast. It was also taken into account that the target market of 5FM is 20-30 year old urban listeners who most probably would appreciate the kind of social comment that is made in hip-hop songs. These kinds of songs form part of a very widespread hip-hop culture and way of living.
The only clause in the BCCSA Code regarding the use of offensive language relates to television broadcasts and to programmes specially designed for children. Since the songs were aired at 9:30 and 10:15 respectively on a Monday and Tuesday, most children would have been in school anyway. The Tribunal held that in the light of the guarantee of freedom of expression and the finding by the Constitutional Court that freedom of speech includes the right to air offensive material, the relevant words could not be judged to have exceeded the limits of the broadcaster’s freedom of expression. The broadcaster, however, was urged to always ensure that only ‘clean’ copies of songs of this nature are broadcast. The complaints are not upheld.