Boom Rock found in breach over offensive language broadcast in song

Ofcom has ruled that Boom Rock breached the Broadcasting Code after airing offensive language during a Counting Crows track.

The incident happened on 30th May at 6.35pm, when the song Spaceman in Tulsa was played containing seven uses of one offensive word and one use of another. Ofcom said this was the most offensive language broadcast at a time when children were particularly likely to be listening.

The station said that it “regret[s]” that the track was “inadvertently broadcast” but argued that it is a niche service aimed at older adults and marketed largely online, making it highly unlikely that children were in the audience.

The Licensee told Ofcom that context should be considered under Rule 1.14 and stressed that children were not “particularly likely” to be listening to Boom Rock, even at that time of day. It also referred to Ofcom’s own guidance which recognises the importance of audience composition and expectations.

Ofcom concluded that Rule 1.14 prohibits the broadcast of the most offensive language at times when children are likely to be listening, regardless of audience profile or station type.

It said the repeated use of the strongest language at 6.35pm meant the station failed to comply and ruled the programme was in breach of Rule 1.14.