Complaint about remarks made by a caller during the morning show of 17 November 2007 on 5FM at 
06:40. The Tribunal held that there is no doubt that the caller used derogatory, racially biased and offensive terms. Words, such as “kaffir” and ‘k*k’, as well as the attitude expressed by the caller are totally unacceptable. However, the fact that the words in the present case were uttered without warning during a live call-in programme must be taken into account. The Tribunal agrees with the broadcaster that the presenter should have exercised more control by immediately cutting the call. He should not have attempted to engage the caller further by trying to dissuade him of his racist view, or to make his view seem ridiculous. The fact that he allowed the discussion to devolve into a personal debate may be attributed to a lack of experience as a host of call-in programmes. Such hosts should particularly be aware of the risks involved and the competence required in preventing situations such as this one. However, the presenter partly managed the situation by pointing out to the caller that his racist remarks were illegal and that he could be arrested for stating them. This provided a corrective and can be viewed as an attempt to maintain balance on air. The Tribunal noted that in their response the SABC extended an apology to the complainant and that internal measures have been taken to address the case. The Tribunal is further convinced that the radio station does not condone the views of the caller and that the intention of the presenter was not to promulgate hate speech. Judged in context, the complaint of hate speech is thus not upheld, but the broadcaster is urged to educate presenters to be more alert and vigilant and to immediately cut any racial remarks by callers. Complaint dismissed.
