SEBAS’S RADIO STATION ESCAPES ‘SEXUALLY EXPLICIT’ MATERIAL FINE

draft order it issued on the matter, back on May 8, 2023, “as a warning” given that this was its first licence and content code breach in the almost six years since it was authorised to start broadcasting on June 15, 2017. Based on its final decision, the regulator appears to have taken these arguments on board.

Detailing how the controversy first arose, URCA said: “Paramount Systems operates a radio station on the island of New Providence, The Bahamas, and broadcasts content throughout the island over the radio frequency 103.5MHz (also known by its call sign ‘103.5

The Beat’). On February 8, 2023, an anonymous complaint was made to URCA regarding the content of a radio program called ‘Unfiltered with Drew and Just Mo’ that was broadcast on 103.5 The Beat on January 30, 2023.

“Consequently, URCA conducted a content monitoring exercise using URCA’s content and technical standards monitoring system (CTSMS) and found that the broadcast of Unfiltered on January 30, 2023, contained adult-themed and unsuitable content for children, unjustified offensive, obscene and vulgar language, as well as sexually explicit discussions and portrayals of sexual behaviour outside the watershed.”

This resulted in URCA launching an investigation and demanding that Paramount Systems provide “the complete, unedited recording of the entirety” of the Unfiltered broadcast to it. This was provided to the regulator on February 17, 2023.

“URCA conducted further FM broadcast content monitoring exercises using the CTSMS and observed that content similar to that which was broadcast during the Unfiltered show on January 30, 2023, was subsequently broadcast on 103.5 The Beat during the Unfiltered show on February 23, 2023; March 9, 2023; and April 24, 2023,” URCA added.

The material that was the subject of the initial complaint was broadcast between 1pm and 3pm on January 30, 2023, to a daytime listening audience that could have included children. Paramount Systems, in its initial response, said this was “the first occasion” it had been accused of breaching the broadcasting content code, and added that no complaint was received by itself even though the person had been advised to do so.

It also suggested that Unfiltered’s hosts were “under the impression that children would be at school”, and thus would not have heard the offending material, which was contained during a 25-minute conversation between 1.33pm and 1.54pm on January 30, 2023. The broadcasting content code of practice requires that children are protected from

“unsuitable material” and that this only be transmitted “outside the watershed” when they are likely not to be listening.

Nevertheless, in its response, Paramount Systems took ultimate responsibility for ensuring that program hosts comply with the code and anything broadcast on its stations.

“Paramount Systems will also undertake to provide content which is consistent with the standard of good taste and decency and, conversely, to avoid content which could be considered harmful, abusive, offensive, discriminatory or otherwise contrary to the standards of taste and decency which generally obtain in Bahamian society,” URCA said of the radio station operator’s reply.

The regulator also said Paramount Systems “has apparently misinterpreted the code” by failing to “make and maintain complete and accurate recordings of all broadcasts”. URCA noted that the Unfiltered recordings did not include the advertisements or music played, although the station operator said copyright restrictions limited the inclusion of music in live video recordings.