A complaint regarding certain derogatory references to different racial groups made by a presenter 
on Jacaranda Radio was received by the Registrar. The insert discussed the recent establishment of the “Native Club”, and listeners were invited to call in and suggest names for other clubs based on race. Several proposals were made. The Tribunal, however, concentrated on the use of the terms “Coon Club” and “Coolie Club”, arguing that the other names mentioned were not as problematic within the context of the programme as the said terms. Coloureds and persons of Indian descent were part of the historically disadvantaged groups mentioned in section 9 of the Constitution of the Republic and deserved more protection than groups which were not so disadvantaged.
The Tribunal was of the view that insofar as the programme included references to groups that are not included among the historically disadvantaged groups, the jocular references were in questionable taste in the context of this programme, and did not amount to a contravention. It cannot be disputed that South African persons who are Coloureds or of Indian descent were part of historically disadvantaged groups to which section 9 of the Constitution refers. The terms “coon” and “coolie” are derogatory terms and are widely recognized as being hurtful to the groups concerned. The terms amount to negative stereotyping, and unfairly and crudely categorize such persons by denigrating them and relegating them to the status of being of a low or despicable class. The said stereotyping is unfair in that it does not rectify the negative image, but instead assaults the right that members of these groups have to equality, and also the right not to be unfairly discriminated against. This right is also protected in clause 38 of the Broadcasting Code. The public airwaves may not be abused for the purpose of unfair discrimination or the denigration of persons. It might be said, and it has indeed been argued, that after 10 years of democracy we should be able to laugh at each other and also at ourselves. But broadcasting does not necessarily lead to a healthy mutual laughing “at each other”; instead, it may offer the opportunity for the derisive language and/or laughter of the studio presenter and his invited audience to be directed at a specific group in the audience – which in this case, is persons of Indian descent. The attempt by the presenter to correct the references by saying that he was not being racist and that this was merely an attempt at joking at the notion of clubs for different races, was neither effective nor convincing. By no stretch of the imagination could the use of the expressions “coon” or “coolie” be said to have been used in the interest of free speech. The Complaint was upheld.