The Registrar received complaints from adherents of the Scientology faith that broadcasts on 
Jacaranda FM and SABC’s 5fm offended them. The comments by presenters of programmes, in both instances made reference to Tom Cruise and Katie Holmes’ plan to have a “silent birth” in accordance with their faith, Scientology. Since the complaints deal with the same subject, I will deal with both matters in one judgment. The Tribunal held that in the particular programmes which have been complained about, it did not believe that the Scientology belief in still birth would have been criticized, had it not been for the world famous actors involved. Of course, the references go further than mere criticism but amount to joking with what Scientology believers regard as part of their faith and the practices and respect for Ron Hubbard that go with it. The Tribunal accepts that the references were offensive to the religious beliefs of Scientologists. However, the Constitutional Court has held that offense as such is not sufficient to trump the right to freedom of speech. The invasion of the fundamental right to freedom of religion must have been unreasonable in the circumstances. The Tribunal has concluded that the invasion amounted to particularly questionable expression but that given the inclusion of the famous personalities, the joking was not directed at Scientology directly but rather at their involvement in silent birth. Of course, this does not mean that the religious practice of silent birth is not also drawn in and that the actors are not also entitled to protection, but it tends to soften what would otherwise be regarded as a contravention of the Code. I might add that the reference to Ron Hubbard’s having fathered the baby is regarded as questionable speech in the extreme and on the verge of mockery. Once again, however, the involvement of the famous actors provided the opportunity for jokes – jokes that were in particularly questionable taste and deserve internal discussion at the two broadcasters involved.
The complaints were not upheld.