BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary [This summary does not form part of the decision.]

The hosts of the Jase and Dave Drive Show on Classic Hits joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through. The Authority did not uphold the complaint that the use of sexual innuendo was inappropriate for broadcast. No coarse language was used and inexplicit sexual innuendo is permissible during children’s listening times. The host also indicated the topic may be unsuitable for younger listeners, giving parents and caregivers an opportunity to exercise discretion.

Not Upheld: Good Taste and Decency, Responsible Programming

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Introduction

[1]  During the Jase and Dave Drive Show, broadcast on Classic Hits on the evening of Tuesday 27 August 2013, the hosts joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through.

[2]  Angus Hastie made a formal complaint to The Radio Network Ltd (TRN), the broadcaster, alleging that the broadcast contained ‘coarse and crude joking using drive-through fast food for sexual innuendo and using double entendre’.

[3]  The issue is whether the broadcast breached the good taste and decency and responsible programming standards, as set out in the Radio Code of Broadcasting Practice.

[4]  The members of the Authority have listened a recording of the broadcast complained about and have read the correspondence listed in the Appendix.

Did the broadcast breach broadcasting standards?

[5]  Mr Hastie argued that the broadcast breached the good taste and decency (Standard 1) and responsible programming (Standard 8) standards. The good taste and decency standard is primarily aimed at broadcasts containing sexual material, nudity, coarse language or violence.¹  The Authority will also consider the standard in relation to any broadcast that portrays or discusses material in a way that is likely to cause offence or distress.²  The responsible programming standard requires broadcasters to be mindful of child listeners and to ensure that programme information and content is socially responsible, taking into account the context in which it is broadcast.

[6]  The comments subject to complaint related to a bizarre story about a ‘sex drive-in’ in Switzerland which attracted worldwide publicity, and were presented in a light-hearted and humorous tone, consistent with the style and format of the programme and the usual banter between the hosts. The host Jase said:

Well I tell you something, the Swiss, you’ve got to take your hats off – in fact you’ll be taking more than your hats off, when it comes to the Swiss. It’s a first, it’s a world first David, the Swiss have come up with the first ever – and children put your hands over your ears right now, uncle Jase is talking – well… they’ve come up with the first ever, well there’s no other way to put this, it’s a sex drive-in… well you drive in and obviously, instead of people standing on street corners and things, it’s like a drive-in arrangement, and there’s a drive-through and you put your order in, and well the next thing you know, just drive through to the next window, I guess… [laughter]

[7]  Jase and Dave then joked about the possibility of ‘some innocent person… driving through… they see the drive-in window, and they think it is… just a drive-through restaurant’. They verbally acted out this hypothetical scenario, making references to ordering a ‘hot and spicy’ ‘Whopper’ with ‘lots of sauce’, saying that ‘every meal is going to be a happy meal’, and, ‘I wonder if you get toys with some of that’.

[8]  TRN argued that the sexual content was not overt and was likely to go over the heads of children, and maintained that the comments were acceptable in context, including the time of broadcast and the programme’s adult target audience.

[9]  We agree. The comments were relatively mild and consisted mainly of inexplicit sexual innuendo, which is permissible during children’s listening times at 6.15pm. The words used were not in themselves offensive, and there was no coarse language. In any event, the programme was not targeted at children and Jase indicated that the comments may not be suitable for younger listeners when he said, ‘children put your hands over your ears right now’, which, along with his lengthy introduction, gave adults ample opportunity to make a decision about their own listening, and to exercise discretion with regard to their children’s listening.

[10]  We are satisfied that the comments were acceptable for broadcast in light of relevant contextual factors, including the programme’s and the radio station’s adult target audience, the verbal warning given by the host, and audience expectations.

[11]  Accordingly, we decline to uphold the complaint.

For the above reasons the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Peter Radich
Chair
19 November 2013

Appendix

The correspondence listed below was received and considered by the Authority when it determined this complaint:

1           Angus Hastie’s formal complaint – 27 August 2013

2          TRN’s response to the complaint – 2 September 2013

3          Mr Hastie’s referral to the Authority – 2 September 2013

4          TRN’s response to the Authority – 4 September 2013

, Decision No. 2008-112

²Practice Note: Good Taste and Decency (Broadcasting Standards Authority, November 2006)