CASE NUMBER: 28/2007 – MUSLIM JUDICIAL COUNCIL OF SOUTH AFRICA VS RADIO 702 – HATE SPEECH

Complaint that opinions expressed during an interview with guest from the USA amounted to the advocacy of hatred based on religion. Interview by Respondent radio station with guest, being the curator of the Holocaust Museum in New York, on the topic of extremism.  Complaint that guest equated Islam with Nazism and thereby advocated hatred towards Muslims in contravention of clause 16.3 of the Code.  There was a further complaint that balance was not obtained in program because opposing points of view were not presented.  This was in contravention of clause 36.1 of the Code. The Complainant and the Respondent differ as to what was really said during interview and the Tribunal was therefore obliged to analyze in detail what was said.  From an analysis of the interview, it appears that the guest referred to Muslim extremists but he also referred to extremists from other political and religious groupings.  The guest emphasized that he did not equate terrorism with Islam.  The Tribunal found that the guest did not advocate hatred based on religion or any other ground against Muslims or the Islam faith.  The Tribunal also found that the broadcast was not in contravention of clause 36.1 in that a balance of opposing views was obtained.  This was found to be a result of the nature of the program where listeners could phone in and did so and in the process presented opposing views. This was a further correction to the inaction by the host of the program for not calling to order listeners who phoned in and expressed ideas that were degrading towards Muslims.  The complaint was therefore not upheld.