Kavelle Anglin-Christie, Staff Reporter

Worrell King, promoter of Western Consciousness and Tribute to Peter Tosh, with Cordell Green (partially hidden). - File

Performers say although they may use curse words when performing it is an expression of self and their surroundings. The police, however, say art or not, using profanity is against the law.

Section 3(l) of the Towns and Communities Act (established 1843) says "(Every person who) shall sell or distribute, or offer for sale or distribution, or shall mark on any fence, wall or any building, any obscene figure, drawing, painting, or representation, or sing any profane, indecent or obscene song or ballad, or write or draw any indecent or obscene word, figure, or representation, or use any profane, indecent or obscene language (shall be guilty of an offence). The fine is a non-fingerprintable offence and attracts a maximum fine of $2,000."

Since the police started enforcing the law in 2001 Bounty Killer, Sizzla, Kiprich, Alozade, Hawkeye, Fantan Mojah and others have been penalised. However, most recently, it was Bounty Killer's 'Saddle to the East' concert in St. Thomas that brought the long-standing issue into focus.

During the show some artistes used expletives although the police say they issued repeated warnings. The police say they then took action by attempting to charge Twin of Twins and followed through with Bounty Killer and Mavado.

Rodney 'Bounty Killer' Pryce was charged with using indecent language and abusive language, and has since appeared in the Yallahs Resident Magistrate's Court to answer to the charges.

The law may seem antiquated to some, since it also speaks of prosecuting those who "wilfully and wantonly disturb any inhabitant by pulling or ringing any doorbell, or knocking at any door, without lawful excuse, or who shall wilfully and unlawfully extinguish the light of any lamp." However, Acting DSP Bell says it is still relevant.

"It is still relevant for a number of reasons. For one, you have quite a few category of persons attending these venues and it is totally inappropriate to be using those expletives. None of these artistes, when they go on radio or TV, are using expletives and you can look at the fact that the radio and TV audience includes babies and up and once this law has not been changed then there is no way that when you do these things you should get away with it," said Bell.

Emphasis on stage shows

Still, the fact remains that there are places where profanities are extolled and lewdness praised, such as a street dance with a selector and the obvious strip club with its bare as you dare theme. The artistes say the authorities ignore those places and place all the emphasis on stage shows.

According to Bounty Killer, a rating system should be implemented. "They should have a rating system for these things. Why is it that if there is a vulgar play or movie or something going on in a nightclub it is OK, but dancehall is so international, more than cricket and dem thing deh? I have been advocating and lobbying for the longest time for a rating system, but no one not listening," he said.

"Why can't they say that this concert is rated 'R' or a certain concert is only for people of a certain age? Dancehall should get the privilege to do so ... Music is an expression of art and it is also the expression of self, which are two different things," he said.

Throughout this debate there is the obvious question of free will on the part of the audience.

Jomo Cato, director of marketing for Sumfest, addressed the difference between a patron over 18 years old attending a movie that is 'rated R' and a person going to a stage show.

Expectancy and delivering

"The difference is expectancy and delivering the promise you made to fans or viewers. If you state that violent language, etc, is part of an event or movie then a paying adult cannot complain because they were told what will be presented. The television industry is regulated and must adhere to the relevant broadcast authority, so their placing ratings on the programmes and every movie has a lead-in announcement of the rating. But we understand the discomfort of a parent who takes a young child or teenager to a concert then is confronted with language they were not prepared for."

As for a rating system for shows, he says "This may have some positives, but it has to be extensively discussed with all stakeholders before we get to legislation. Remember this is not recorded content where you can look at it before so you know exactly what's going to happen and then rate it. It's live and dynamic and sometimes unpredictable. We are not fully convinced that we need a rating system for shows. What we need is for people to take responsibility for their actions, self-expression does not mean you have a licence to lose self-control. Artistes and promoters are not above the law or above what society accepts. On the other side, the police would also benefit by using greater tact when interfacing with the entertainment community."

Bell says if there is to be a rating system and there is a show rated 'R', don't look for the police.

"There can be a rating system, but if there is to be a rating system then it is important that no police are called to work there; have security guards. It is an offence, so why should we go there and just sit and watch it being committed? Law enforcement officers can't do that. If the police know what kind of show it is and we go, it would only be presumptuous in that case. So if they say the show is rated 'B' and say there would be no bad words there then you would expect to see law enforcement officers there," he said.

According to Bounty, "There is a lot of triple standard going on and the government needs to look into it. Why is it that if The Game comes here, he's my friend, and he curses, nothing happens? Why is it that if the guys from G-Unit and overseas come here and do these things nothing happens? So it is a triple standard, not even double, it's triple!"

Bell says there is no double or 'triple' standard on the part of the police, but admits that if an officer does not take action he should not be blamed.

"The police makes a difference. There are some police officers that will see and hear a particular law being broken and not do anything, while there are others that will not tolerate it. But under normal circumstances they should take action, not necessarily arrest or prosecute the person, but you can warn them first," he said.

Hypocrisy

Twin of Twins, who were the first artistes to be approached backstage at 'Saddle to the East,' say the police should make a difference, but it seems the only difference they make is who they will charge and who they won't.

"I feel it is hypocrisy. There's live sex on stage in clubs throughout the island, yet they say that OK. It's open to those 18 years and older and that should make it OK even though it is against the law. Why is that? Then dancehall should have similar privileges. Then if you observe in dancehall, there are always specific artistes that are targeted. Why?" they asked.

Nonetheless, there are others who believe that a stage show should be open to all who want to attend and, as such, it should be kept clean.

Worrell King, promoter of the annual Western Consciousness concert in Westmoreland, says though music is an expression of life and art there is a limit.

"The same artistes who say that, whether man or woman, then ask them if after they perform slack on stage and they go home and their home has become the stage and their son or daughter has become the performer, how would they feel? Then when they can answer that question, they can perform however they want on stage," he said.

"The fact that reggae has gotten to this level where we are now contemplating censorship is a total disgrace. I knew it to be reggae and not jeggae. It was clean, spiritual music. What is happening now should never be apart of it ... If I did have the power when these guys curse on my show, I would make their mouths stay open and can't close or stay closed and can't open. The man dem can't go on stage and perform that way and then say that they don't want their children behaving that way," said King.

However, the artistes say people should also pay attention to the content and not a single word.

According to the twins, "Simply because you hear Twin of Twins say the word 'p....y', does that mean that we are saying something wrong? Even though what we said in its entirety is 'woman nuh fi sell dem p.....y'? We are known for morals and people should also look at the context of some of these things that we and other artistes say."

Based on norms and customs

Interestingly enough, 'bad words' are not defined by the law. A 'bad word' is based on social norms and customs, and very few are universal.

For example, only a Jamaican might flinch when they hear the unedited version of Supercat's Dolly My Baby remix being played on an overseas channel, or when Lil Kim rapped 'wha di bl......t, wanna bumble with di bee' in Notorious. In much the same way a traditional Japanese person might feel offended by "you must have been mekura not to read this article." Mekura means 'blind' and is one of the words banned by the Japanese broadcasting code.