The Broadcasting Standards Authority has not upheld a complaint about a 95bFM promo including a string of swear words it has used for 25 years.
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Jeremy Evans complained about the broadcaster publicity notice, saying it "conjured unpleasant images of a sexual nature" and was in breach of the good taste and decency standard.
The notice, or promo, has run on 95bFM for 25 years. It said the radio station did its "utmost to abide by the Broadcasting Standards Authority and their rules and guidelines".
"If you seriously think we've crossed the line on air, give us a call on 309 4831 and tell us about it. We'll be able to help you out and tell you the procedure if you wish to make a formal complaint to the Broadcasting Standards Authority.
"F***-knuckles, c**k and piss, balls. Thank you."
In his complaint, Evans said after listening to the promo for three years he "couldn't take it anymore" and was making a formal complaint in the hope bFM would stop playing it and "might learn something helpful in broadcasting to a wide spectrum of listeners".
He took offence with the swear words.
"These are not just naughty words… they create unpleasant mental images of a sexual nature. Also, I find the word 'f***' offensive when it is used without any context, and especially in combination with 'knuckles'…
"Further to this, I am of the opinion that your announcement is antagonistic to the BSA and its purpose. It seems to 'raise the finger' at the BSA in what I see as a juvenile attempt at humour."
The station's programme director responded, telling Evans the intent of the ad was "far from being sexual", and most listeners would find the words "semi-ridiculous, silly even".
"The reason our BSA ad contains a somewhat cheeky coda, is far from a disrespect to the institution - it's a knowing wink to our listeners. A wink that says: we know you're a discerning listenership - a listenership that's informed, caring, pushes the envelope, and is far more likely to complain about political or social injustices, rather than 'cuss words'."
The promo spot had run for 25 years and was so popular the station turned it into a limited edition t-shirt, which then became one of the best selling merchandise items.
"While I understand it's not possible to please all of the people all of the time, I do however, understand my responsibility as 95bFM's Programme Director is to its listeners. Sadly, in this respect, you appear to be outnumbered. We will not be removing the spot from rotate at this time."
When his complaint was referred to the authority, Evans acknowledged "I think this is intended to be irreverently humorous", but reiterated, "it conjures unpleasant images of a sexual nature".
The authority's acting chair Susie Staley said 95bFM was an alternative independent radio station, owned by Auckland University Students' Association Media Trust, and its target and likely audience is young adults.
"The swear words used in the segment are not used in an aggressive or sexually graphic manner, and do not carry any discernible meaning as a combination of words, but are being used satirically."
The authority may only intervene "where the level of harm justifies placing a reasonable limit on the right to freedom of expression", and it didn't in this case, Staley said.
"The Authority found, in the context, and particularly in light of 95bFM's target and intended audience and its expectations of the radio station, the segment was unlikely to cause widespread undue offence or distress or undermine widely shared community standards."
