A complaint was received in regard to the use of the phrase “buffalo bitch” by a presenter on 5fm, radioMark Gillman, in referring to a female co-presenter during the course of an amicable chat with her on air. 5fm is one of the radio stations that falls under the umbrella of the South African Broadcasting Corporation, the public broadcaster. 

Section 9 of the Constitution of the Republic guarantees equality to all persons, and specifically rejects discrimination based on gender. Whilst a term such as “bitch” with reference to a woman might, in certain circumstances, have gained a secondary meaning, and would probably be acceptable in the context of a bona fide drama or bona fide literary work, or even in the lyrics of certain songs, e.g. rap songs, it nevertheless amounts to the stereotyping of females as lewd (see Shorter Oxford Dictionary). Whilst we are convinced that it was not Mark Gillman’s intention to use the word in order to negatively stereotype females, it is necessary to put an end to this kind of derogatory language on the airwaves, even if the intention behind the use of such language is not to discriminate against a group.  This kind of language denigrates women, and in this particular instance it dehumanises women, relegating them to an inferior status. The use of such language treats women – as previously disadvantaged persons in terms of section 9 of the Constitution – unfairly. It is a matter of public importance that an end should be put to the use of such language in everyday verbal exchanges between people on the air.  Broadcasters should contribute towards setting this standard. Freedom of speech is no excuse in such a case: the achievement of equal status between the sexes is more important than freedom of expression within this context. 

Our finding that the Code has been transgressed should be regarded as a guideline for future conduct on the airwaves and, accordingly, we do not on this occasion impose a sanction on the SABC for the transgression. The apology by the presenter to his co-presenter is regarded as a corrective for what would seem to have been a slip of the tongue.

[2004] JOL 13240 (BCTSA)

CLICK TO VIEW FULL JUDGMENT  Case-No-36-2004