Whiskeyjack Blues
The episode
3.
Whiskeyjack Blues focused on Aboriginal writing as it reflects the concerns and conditions of Aboriginal people in Canada. It included three readings of excerpts from larger works by Aboriginal authors who use their writing to express often violent, traumatic and emotionally charged experiences in their lives and the lives of those in their communities. The readings were interspersed with narration and interviews with the authors by the program's host that sought to explain the context of the readings themselves and to shed light on the social reality of the Aboriginal peoples of Canada.
The complaint
4.
The complainant wrote to the Commission on 16 July 2006, objecting to what he characterized as frequent profanities that aired during the hour-long broadcast. The complainant was especially concerned that the CBC had broadcast the program at a time when there was likely to be a young audience.
Licensee's reply
5.
The licensee responded to the complaint on 25 July 2006. The CBC explained that there are occasions when certain expressions may be aired, particularly when to do otherwise, such as editing out those expressions, would impair the integrity of the information being imparted or affect the artistic presentation of a work. The CBC was of the view that editing out the language referred to by the complainant would not accurately represent the range of emotions and themes that the selected readings were trying to convey. However, the CBC acknowledged that the listener advisory, which was aired once at the beginning of the program, should have been repeated periodically throughout the broadcast to better inform listeners who may have tuned in part way through the program.
Commission's analysis and determinations with respect to Whiskeyjack Blues
6.
The Commission's analysis of the complaint took into account the concerns raised by the complainant, the licensee's reply, and the program's content. The Commission conducted its analysis against the Canadian broadcasting policy objectives of the Broadcasting Act (the Act), including the provision set out in section 3(1)(g), which provides that "the programming originated by broadcasting undertakings should be of high standard" (the high standard provision).
7.
The Commission's review of the logger tape revealed approximately 23 instances of coarse language during the one-hour broadcast. In all cases the language was confined to the readings of the authors' works. The words contained in those excerpts consisted of a range of coarse language, including the words "shit" and "shitters," "fuck" and "motherfucker." In addition, the readings included a graphic description of a violent gay bashing incident that ended in the stabbing and death of the victim. In this excerpt, the expressions "faggot," "cock sucking," "fuck him" and "die bitch" were used, among others. The appendix provides a transcript of two excerpts that included coarse language.
8.
While the readings were often illustrative and explicit, the words used were not gratuitous in the sense that they were integral to the writings being broadcast, as explained in the discussions with the authors. Nor was the language used in a manner that was intended to be negative or rude, or to purposefully shock or outrage the listener. Rather, as the host and interviewers attempted to explain during the program, the language and content of the readings were meant to convey an authentic experience.
9.
However, even in this context, the Commission considers that the course nature and frequency of the language could be disturbing even to adults listening on a Sunday morning.
10.
The Commission notes that the CBC broadcast a single advisory at the beginning of the episode. The advisory stated: "There's some iffy stuff for kids but nothing too shocking."
11.
The Commission considers that this advisory was not only inaccurate but lacked sufficient detail to assist listeners in effectively determining what the nature or content of the broadcast would be, and thus, whether it would be suitable for them or their families. The use of appropriate advisories has been well-established by broadcasters. For example, in the case of television, the Canadian Association of Broadcasters' (CAB) Voluntary Code Regarding Violence on Television contains an appendix that provides examples of advisories that are sufficiently accurate and informative for the purpose of ensuring that viewers receive adequate information in making their program selections. In the present case, the Commission considers that the type of language employed in Whiskeyjack Blues is not appropriate for children, despite what the CBC's advisory suggested. Furthermore, the advisory did not recognize that such language may be offensive to many adults.
12.
The Commission and the Canadian Broadcast Standards Council (CBSC), which addresses such matters for private broadcasters, have found in past decisions that the word "fuck" and its derivatives in particular are not acceptable in broadcasts to which children could be listening. Specifically, CBSC panels have determined that the word in question should not be broadcast during daytime hours and that the broadcast of that word and its derivatives will be found in violation of the CAB Code of Ethics when aired at times of the day when children could be expected to be listening to the radio.1 The CBC is not bound to adhere to the CAB Code of Ethics by condition of licence. However, the Commission is of the view that the prohibition set out in clause 9 of the CAB Code of Ethics against unduly coarse or offensive language in radio programming provides a useful guideline for assessing Canada's private and public broadcasters' compliance with the Act's high standard provision.
13.
While the use of appropriate advisories is an important tool to inform prospective listeners of the potential risks associated with listening to a program, the Commission is of the view that, in this case, even the use of a proper, accurate and frequent advisory at 11 a.m. on a Sunday morning does not excuse the potential harm of broadcasting material that is clearly inappropriate for children at a time when children can be expected to listen to radio programming.
14.
Based on its review of the episode's content, the Commission finds that proper scheduling would be the most effective means to respect the high standard provision of the Act in this circumstance.
