Complaint that joke with sexual innuendo (pun about “huwelik”) that was broadcast on “The rude awakening” show radioat about 08:10 on a weekday morning during school term was offensive and a contravention of the Broadcasting Code.  The Tribunal found that at that time of a weekday morning large numbers of children are not part of the audience because they are or should be at school.  There was thus no contravention of clause 18.1, the clause relating to unsuitable material being broadcast when large numbers of children may be expected to be part of the audience.  The Tribunal also found that “The rude awakening” show was not specially designed for children and the broadcast was therefore not a contravention of clause 26 that prohibits inter alia the use of offensive language in programmes specially designed for children.  It was also found that, because there were not large numbers of children listening, there was no contravention of clause 27, the clause dealing with excessive and grossly offensive language being broadcast when large numbers of children are likely to be part of the audience. The Complaint was not upheld.

[2007] JOL 19650 (BCCSA)

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