A false observation concerning learners at New Hope School in Pretoria was made. A presenter referred to a caller who had criticised him for playing a song from which obscene words had been bleeped out, as “brain dead”, and then added that he should book himself into the New Hope School. The New Hope School in Pretoria is a school that provides specialised education and caters to learners who are afflicted with cerebral palsy and experience severe specific learning disabilities. Complaints were received that the presenter’s remark had seriously impaired the dignity of the learners at the school by equating them with people who are “brain dead”. The Tribunal held that the impairment of the learners’ dignity was serious, and upheld the complaints. Since the broadcaster has shown remorse, the maximum fine of R60 000 was not imposed. It was also taken into consideration that the presenter’s slur was indeed firstly directed at the caller who had complained about the song, and that there was no malice present when he included New Hope School in the slur. A fine of R30 000 was regarded as fair in the light of the remorse demonstrated.  PACSEN, News Hope School, NYDT and Others vs Jacaranda 94.2FM.

 JOL Ref - New Hope School & Others v Jacaranda 94.2 FM [2012] JOL 28656 (BCCSA)

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