Two complaints were received regarding serialized broadcasts from the book Shirley, Goodness and radioMercy by Chris van Wyk on 12 November 2007 and 10 December 2007 on SAFM. The first complaint was made by a complainant who does not wish her identity to be disclosed and can therefore not be considered. The second complaint, which can be entertained, relates to profanities in the broadcast of 10 December 2007.  

The broadcast contained several profanities, including “fuck off”, “drie op ‘n drol”, “vinger in die hol” and “jou ma se moer”.  It is clear that the profanities constitute material that is unsuitable for children, as envisaged in Clause 18.1 of the Code of Conduct. Whether the broadcast was aired at a time when large numbers of children might have been expected to be part of the audience must be determined by the context of the broadcast. In light of the context of the broadcast, it is unlikely that large numbers of children would have been part of the audience. Clause 18.1 of the Code of Conduct has therefore not been contravened. 

In respect of Clause 27 of the Code of Conduct, the first issue is whether the broadcast contains language that is “excessively and grossly” offensive. While “drie op ‘n drol” and “vinger in die hol” are possibly not grossly and excessively offensive, “fuck off” and, especially, “jou ma se moer” are grossly and excessively offensive. In respect of the latter type of profanities, the issue is whether large numbers of children were likely to have been part of the audience. As in the case of Clause 18.1, the context of the broadcast shows that it is unlikely that large numbers of children would have been part of the audience when the broadcast was aired. Clause 27 of the Code of Conduct has accordingly not been contravened. 

The complaint is dismissed.

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