CASE NUMBER: 32/2006 – HÖRTER VS SABC RADIO – 5FM – RELIGION

The Registrar received a complainant from a listener in regard to the broadcast of a song which, according to the listener, is religiously offensive. I referred the matter to a Tribunal as part of several other complaints. Complaints on race, religion, gender, sexual orientation, sexuality, news and children often call for a decision by a wider group than an adjudicator. There are different forms of taking the Lord’s name in vain. Although, from a principled view, each version is as offensive as the other, it is also true that usage of certain forms have become more common than others and even more acceptable or tolerable. “Goddamn”, in spite of its damning nature has, somehow or other, become one of the softer forms of the taking in vain of the Lord’s Name. In fact it has lost its original meaning in common parlance. However, there would be many religious people who would think differently. Of course, frequency within a certain context could be aggravating. The Tribunal is of the view that the word as used in the song would at least lead to a sense of unease and at the most to offense. A balance must be struck between these two views. The Tribunal believes that the use, in this particular song, does not amount to a contravention in the sense of hate speech. The word is also not used in such a manner that it could be regarded as unsuitable for young people to hear. Of course, one would rather not have them hear words such as this word. But the practical reality is that the word is used and that parents and other custodians and teachers should constantly counter this kind of language and impress it on the minds of children that it is simply not proper to use this kind of language. But that is not a matter for legal interference. The same reasoning, in essence, applies to the use of the word “whore” in the song. The complaint is not upheld.