CASE NUMBER: 35/2004 – LEE VS SABC RADIO – SAFM – RACE

 A complaint was received that the word Chinaman, which is a derogatory word, was used in an insert by one of the Respondent’s radio stations. We have no doubt that the use of the expression “Chinamen” and “Chinaman” is in conflict with the Code. The Jackie Mason show does not amount to bona fide drama or satire. Even if the insert, judged as a whole, could be regarded as drama or satire, it is clear that the bounds were overstepped by the repetition at the end. Since this broadcast took place not very long after the release of the BCCSA judgment in the Tam matter, it would be unfair to hold the SABC responsible for the insert. As argued by Mr. Hassen, the SABC, which is a large organization, was still discussing procedures to eradicate the use of the word, when a repetition unintentionally occurred. The SABC has indicated that it plans to ensure that such an error is not repeated. The response inter alia reads as follows: “Nonetheless, we note the offence taken by the complainant and tender our apologies for this.  Steps have also been taken to listen to all such recorded material in advance in future to avoid a recurrence of this situation.” The SABC is cautioned for the error. We have, however, noted the steps taken by the SABC to eradicate this kind of language. In the circumstances the complaint is dismissed.