Complaint that the words “If it is such a big deal, I’m sure God will handle it, you know. If He is really that petty that He gets upset when you say his name, I’m sure He will send down appropriate punishment” were offensive to the religious convictions of Christians and constituted blasphemy. Tribunal firstly expressing displeasure with orchestrated campaign by complainants. BCCSA only accept complaints of listeners and viewers who actually heard or saw the program complained of. The term: “0ffensive to the religious convictions” of listeners or viewers is not part of the present Code of Conduct and thus not the norm for determining contraventions anymore. The only other possible contravention was the advocacy of hatred based on religion. Tribunal finding that the words complained of constituted criticism but not hate speech. There was also no incitement to cause harm; the second requirement for hate speech. No contravention of the Code was found and the complaints were accordingly not upheld.
CASE NUMBER: 37/2007 – FRY, BENVIE, ELS AND OTHERS VS SABC RADIO – 5FM – RELIGION
[2007] JOL 21230 (BCT)