The Commission received a complaint that a presenter on 5fm told a joke on air which referred to a 
gay acivity as “moffie shit”. The Tribunal has no doubt that although the term “moffie shit” might be an aspect of the often provocative style of the presenter, Gareth Cliff, the use on air of the term was likely to have been tremendously hurtful to gays. Sexual orientation is a matter of “public importance” in terms of clause 35 of the Code, and when a presenter comments on it, even in a joke, he or she should do so fairly. The said stereotyping is unfair in that it aggravates a negative perception and undermines the right which gays have to equality and the right not to be unfairly discriminated against. This right is also protected in clause 35 of the Code. The public airwaves may not be used for the purpose of unfair discrimination. It might be said, and it has often been argued, that after 10 years of democracy we should be able to laugh at each other and also be prepared to laugh at ourselves. But with broadcasting this laughter is often one-sided – in this case the derisive laughter of one person (the presenter) in his studio is targeted at a specific group of people in a broad audience, i.e. gays. The crude joke does not attempt to rectify the negative stereotype, but rather strengthens it in a derisive and irresponsible manner.
Complaint upheld and suspended fine imposed.
CLICK TO VIEW FULL JUDGMENT Case-No-45-2004