CASE NUMBER: 19/2007 – BOTHA VS JACARANDA 94.2 FM – CHILDREN

Complaint about use of the word “doos’ during the morning show on Jacaranda FM during a time when small children might form part of the audience.  The Tribunal held that judged within the context in which the word was used, it might have been in questionable taste, but could hardly be considered to be excessively and grossly offensive.  The word is a disparaging reference to someone’s lack of intelligence or untactful behaviour.  Since it was an “off the cuff” remark referring to the name of an actual show during a music festival, it could also not have been approved in advance by the broadcaster.  Moreover, the target market of the morning show on Jacaranda FM is not small children and it is doubtful whether children who might have been in the audience at this time and not in school, would be able to understand the possible sexual connotation of the word.  It is believed that not even a very young child would have been harmed by having heard the word.  Furthermore, the presenter commented on air that the word should not be used.  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 within reasonable limits, the relevant word should not be ‘licensed’ for use on air, but judged in context, it could also not be regarded to have exceeded the limits of the broadcaster’s freedom of expression.  The complaint was not upheld.