After the 17h00 news, SABC’s 5fm presenter Gareth Cliff made reference to a news item which had
featured the Director of Gun Free South Africa. The report was that sales of toy guns to little boys should be regulated against. In his comments, he threatened, in the style of a little boy, to go over to her house with a toy gun and hit her on the head with it. His comments also contained references of attempts to emasculate ‘men’ by ‘them’.
The Tribunal came to the conclusion that although the remarks by Gareth Cliff were in questionable taste and that he should constantly take particular care not to incite to violence, that the remarks under consideration did not amount to the glamorization of or incitement to violence. His criticism was directed at over-regulation. Of course, if he had merely expressed such criticism, a complaint would not have been lodged. It had to do with the style of the remarks. However, whether we agree with the way in which Gareth Cliff expressed himself or not, is not the issue. Within the context of the whole, it is clear that the remarks were intended to be nothing more than a figurative way of expressing his disgust against over-regulation and what he regarded as senseless. There was no intention to incite to violence. The Tribunal also does not believe that children who would have heard these remarks would have understood them to have amounted to a serious call to violence.
The Complaint was not upheld.
CLICK TO VIEW FULL JUDGMENT Case-No-51-2004