Complaint – the assertion that Blacks are incapable of being successful farmers allegedly because radiothey are lazy, undedicated, and undisciplined is slanderous contemptuous, irreverent and an advocacy of hate speech  – further alleged that comments by the presenter in response to the callers racist views, amounted to an endorsement of these racist utterances. 

Held – (1)        That in terms of section 16(1) of the Constitution – everyone has the right to freedom of expression which includes the right to convey information which offends, and also the right to hear such information. 

  • The comments by the presenter held not to constitute and advocacy of hate speech or an endorsement of the racist views of the caller. 

The complaint was accordingly dismissed.

[2005] JOL 13074 (BCTSA)

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