televisionDuring the broadcast of the annual SAMA Music Awards on SABC1, a presenter introduced one of the artists using the lyrics from his hit song.  The lyrics and the presenter’s introduction included the word “motherfucker”.

There is international and BCCSA precedent that finds the use of this word acceptable in certain contexts, but equally there is precedent that finds this word grossly offensive in other broadcast contexts, specifically those which include children in the audience. 

 This live awards programme, which started before but carried over into the watershed period, reasonably included children.

 The SABC has admitted error and apologised, as has the presenter.

 The BCCSA Tribunal finds the broadcaster to be in contravention of various provisions of Clauses 2, 6 and 7 of the Free to Air Code, insofar as the procedure and protection mechanisms for live broadcasts are concerned. However, so as not to make a finding under several clauses for one broadcasting error, the Tribunal has limited its finding to a contravention of clause 6 in so far as the exposure of children to grossly offensive content is concerned.

 The Tribunal has found the SABC to be in serious contravention of Clause 6 of the Code

Although there is previous precedent imposing a substantial fine for a similar grossly offensive broadcast, the Tribunal has found the serious contravention to be inadvertent in this instance.

 The broadcaster is officially reprimanded.

[2012] JOL 29123 (BCCSA)

CLICK TO VIEW FULL JUDGMENT Case-No-23-2012