CASE NUMBER: 30/2009 – SABC RADIO – 5FM VS GUELPA – SUGGESTIVE LANGAUGE – APPEAL

This is an appeal against a BCCSA Adjudication. The adjudicator found that the suggestive sexual language might lead listeners to indulge in similar behaviour and that the broadcaster went too far with this song and thus contravened the Code. The adjudicator ordered the broadcaster to broadcast the song after the watershed. At issue here is the protection of children against harmful material. The Tribunal took the nature of the radio station into consideration. In terms hereof the target audience is trendy, open minded, opinionated young adults in the 20-30 year old age range. It is explicitly stated in the profile of the station that children under the age of 16 are not included in their target audience. The Tribunal found that, although sexual innuendos abound in the song complained of, there is nothing so explicit that would constitute offence to the target audience. Children under 16 years are not targeted and should not be taken into consideration in determining whether there was a contravention of the Code. The appeal accordingly succeeds and the complaint is not upheld.