CASE NUMBER: 34/2004 – PRINSLOO VS SABC RADIO – 5FM – SEXUAL ORIENTATION

A complaint was received about derogatory language by a radio presenter relating to sexual orientation. We have no doubt that although the term “Diesel Dykes” falls within the usual direct and often provocative style of the presenter, it was tremendously hurtful to persons who fall within the sexual orientation crudely referred to. Sexual orientation is expressly protected in section 9 of the Constitution, Act 108 of 1996. The term amounts to stereotyping, which unfairly and crudely categorizes persons of that sexual orientation by certain physical features. Sexual orientation is a matter of “public importance” and when a presenter comments on it, he or she should do so fairly. The said stereotyping is unfair in that it does not rectify the image portrayed and attacks the right which gays have to equality and the right not to be unfairly discriminated against.