The Tribune

• Transmitted ‘obscene and vulgar language’ four times

• URCA rules 14 breaches of broadcast content code

• 40 staff at Beat 103.5 pledge to comply with rules

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Sebas Bastian’s radio station has escaped a fine despite committing multiple violations by broadcasting “sexually explicit” and “offensive, obscene and vulgar language” during prime daytime hours that children may have heard.

The Utilities Regulation and Competition Authority (URCA), in a July 17, 2023, final determination and order ruled that The Beat 103.5 was guilty of breaching 14 clauses in the Bahamian broadcasting industry’s content code of practice as well as its own licence terms as a result of material that was transmitted on four separate occasions earlier this year.

However, the regulator ultimately decided not to impose financial sanctions or penalties on The Beat 103.5 and its immediate parent, Paramount Systems, which broadcast from University Drive right by the six-legged roundabout and the Esso gas station located there.

It instead appears to have decided that a final warning and a rap on the knuckles is sufficient. Besides having to prove it maintains “complete and accurate” recordings of all broadcasts, the only other imposition by URCA requires Paramount to improve its complaints handling procedures.

The broadcasting regulator, in its verdict, appeared to accept the assurances of Paramount and its chief executive, Gershan Major, that “all necessary steps have been taken” to ensure such incidents are never repeated. The Beat 103.5 operator supplied 40 individual declarations signed by its employees and agents, acknowledging the content code’s existence and agreeing to abide by it, while those responsible for the offending broadcast and material gave an on-air apology.

Paramount also urged URCA “to strongly consider” the first 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.

“In a letter from Paramount Systems’ chief executive, Gershan Major, to URCA, Paramount Systems undertook to maintain in an appropriate and commonly used format complete and accurate recordings of all materials broadcasted by Paramount Systems excluding the recordings of copyright material that can only be shared through a listener’s radio system and not via social media in video form,” URCA added.

To pacify URCA, and remedy the breaches, Paramount Systems said it had altered the Unfiltered timelines and schedules. “Paramount Systems further represented to URCA that its chief executive met with the hosts and Paramount Systems’ radio program manager for the purpose of mitigating the possibility of future breaches of the code and ensuring compliance with the code,” the regulator said.

“Paramount Systems represented that its chief executive directed the hosts of Unfiltered to immediately cease all adult content and to issue an on-air public apology. Paramount Systems noted that it submitted a video clip of the apology to URCA.....

“Paramount Systems noted this is the first matter of such an extent that Paramount Systems has been made aware of, and has been the subject of, since being issued the licence by URCA and therefore would like URCA to strongly consider the draft order as a warning. Paramount Systems also reiterated to URCA that all necessary steps have been taken to ensure that this matter or matters of similar instances do not occur in the future.”

These pledges, and Paramount Systems’ promise to ensure “all employees and agents acting on its behalf are adequately and appropriately supervised” dissuaded URCA from imposing a fine in the final determination and order that was signed-off by the regulator’s chief executive, Carlton Smith.