Heart 104.9FM - Dignity - Reference to a Government Minister - Person Allegedly Prejediced did not Complain

A complaint was received that referring to a government Minister as a “doos” ( a crude word signifying that he is an idiot or stupid) is offensive, lacking in dignity and unethical. Although this Tribunal has, on occasion, held that the privacy or dignity of a person might be protected where a person other than the person whose rights have been said to have been infringed complains, it is impossible in the present matter to come to a fair decision on the matter without having heard the Minister. He was not the complainant and we do not know whether he is even aware of the broadcast. It would be presumptuous for the Tribunal to come to a decision without hearing his view on whether legitimate public interest would permit this kind of reference. In the absence of further evidence and argument we, accordingly, cannot come to a decision which would be rationally related to the facts and argument. The inquiry cannot be proceeded with fairly and the complaint is,  accordingly, dismissed.

JOL Ref - Steyn v Heart 104.9FM [2007] JOL 20702 (BCTSA)