The Respondent broadcast as part of a sitcom series, “My Family”, the circumstances in which the family finds itself when the mother is chosen to only play the role of a shepherd (whilst she hoped for the role of Mary) in the town’s annual nativity play and the son, who can only be described as “way out”, is chosen to play the role of Jesus. There are scenes from the preparatory work and an expression such as “my God” is used in moments where the implication is obvious. There is also a scene where the son, so as to express himself, spreads his arms in the typical crucifix position. Of course, this is all intended to draw laughs from the audience.
The Tribunal held that the Broadcasting Code was not contravened: the fact that likely viewers know the characters and that the programme was broadcast after the watershed contributed to the finding that the Code had not been contravened.
Constitutionality of Blasphemy discussed and limited to hate speech in terms of section 16(2)(c) of the Constitution of the RSA. Complaint not upheld.