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BSA fucks up
By Steven | February 23, 2010
The Broadcasting Standards Authority has upheld a complaint against the radio broadcast of Lily Allen’s song “Fuck You”, broadcast on Sunday and Tuesday afternoons on The Edge. I think they were wrong to do so, and I think it demonstrates that they still don’t really understand the Bill of Rights Act.
If it were just a straightforward example of a vapid pop song with some swearing in it, fine. That’s the way the BSA treated it. (And in fact, it’s the way the broadcaster argued it). But this song has more going on. It is making a political statement and that means that a higher threshold is required to justify restricting it.
Here are the lyrics:
Look inside
Look inside your tiny mind
Now look a bit harder
Cause we’re so uninspired, so sick and tired of all the hatred you harbourSo you say
It’s not okay to be gay
Well I think you’re just evil
You’re just some racist who can’t tie my laces
Your point of view is medievalFuck you
Fuck you very, very much
Cause we hate what you do
And we hate your whole crew
So please don’t stay in touchFuck you
Fuck you very, very much
Cause your words don’t translate
And it’s getting quite late
So please don’t stay in touchDo you get
Do you get a little kick of being slow minded?
You want to be like your father
It’s approval your after
Well that’s not how you find itDo you
Do you really enjoy living a life that’s so hateful?
Cause there’s a hole where your soul should be
You’re losing control of it and it’s really distastefulFuck you
Fuck you very, very much
Cause we hate what you do
And we hate your whole crew
So please don’t stay in touchFuck you
Fuck you very, very much
Cause your words don’t translate and it’s getting quite late
So please don’t stay in touchLook inside
Look inside your tiny mind
Now look a bit harder
Cause we’re so uninspired, so sick and tired of all the hatred you harbourFuck you
Fuck you very, very much
Cause we hate what you do
And we hate your whole crew
So please don’t stay in touchFuck you
Fuck you very, very much
Cause your words don’t translate and it’s getting quite late
So please don’t stay in touch
That’s clearly a song with a political message about hate speech, racism and homophobia. Russell Brown has more on how the song has been appropriated by the gay community, underscoring its political nature.
But the BSA doesn’t mention that. It effectively bans the airing of the song at most times because children might hear the word “fuck”. (In fact, the word was even partly fuzzed out in the song, rendering it as “uck”.)
This might usually be a demonstrably justified limitation on freedom of expression, given the BSA’s mandate to enforce community standards. But the BSA must do so in a proportionate way, and that involves assessing the significance of the speech and weighing it against the harm done to the community standards. (Claudia and I discuss this process, and the reasons why the BSA has to undertake it, in an article which has now been cited three times by the High Court in BSA cases: click on “BORA and the BSA” in the toolbar on the left.)
The BSA makes no attempt to distinguish this song from other songs that have much less political significance, and so require a less robust justification to restrict. It doesn’t address the well-recognised arguments that people making political statements often use colourful and even offensive language, and need to be given latitude to do so.
This is reinforced by the fact that the broadcasting standards themselves explicitly reflect the values of anti-discrimination that this song promotes. Arguably that heightens the social significance of the song. This is a song that speaks to young people about bigotry. And the BSA has effectively banned them from hearing it on the radio. (Libertarians might point out that this approach would be favouring a particular viewpoint. That’s problematic from a free speech point of view. Indeed it is. But it is a favoured viewpoint that Parliament has endorsed in the very legislation that governs the BSA).
On the other side of the proportionality balance, one can question whether the odd use of the word “fuck” (or even “uck”) really does that much harm to community morals these days. It’s not as if children aren’t exposed to the word in other places. The BSA routinely accepts its use after 8:30pm and occasionally during children’s listening time, when justified by the context: such as on the Kim Hill show, during the news, and in a live interview, for example.
So, despite the BSA’s improved process for dealing with Bill of Rights issues these days, they’ve dropped the ball on this one, I think. But then again, so has RadioWorks. The broadcasters really need to be making better arguments if they want to bed in Bill of Rights values.
Topics: Broadcasting Standards Authority, NZ Bill of Rights Act | Comments Off on BSA fucks up