A complaint of hate speech was received regarding the use of the phrase“beach nigga”.  The BCCSA has warned before that certain words, such as“coolie”, “hotnot” and “nigger” should preferably not be used over the airwaves because emotions generated by such words are not conducive to racial harmony in our young democracy.  However, the use of such words should always be judged in context.  In this instance, the use of the word in the context of a light-hearted breakfast show,involving mockery and ridicule with racial overtones,was not deemed to be hate speech.  There was no advocacy of hatred based on race or ethnicity and there was also no incitement to cause harm, the two requirements for the finding of a hate speech contravention.  There was thus no contravention of the Code of Conduct and the complaint was not upheld.

JOL Ref - Muller v Heart 104.9fm [2011] JOL 27163 (BCCSA)

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