CASE NUMBER: 30/2007 – GENGAN VS JACARANDA 94.2 – DIGNITY

Complaint was received against the broadcast of something said during the breakfast show.  The words complained of are the following: “One thing white people and black people have in common is that we all get taken for a ride by Indian people. I don’t trust camels or anyone else that doesn’t drink water for three days”. The words complained of were part of comedy.  Complainant hearing the word “Tamils”. After listening to the broadcast, Tribunal found the word was “camels” and this ground for complaint fell away. This was not the end of the matter as the Tribunal considered the question of hate speech. Tribunal finding that the broadcast, judged in context, does not amount to hate speech.  The words “taken for a ride”, however, imply that Indian people, of whom many are traders, deceive white and black people and that they are typified by these words as being dishonest. Tribunal finding that our democracy is still too frail to allow such stereotyping of groups of people and that it has to put, reluctantly so, a limitation on freedom of expression in this instance because the words, objectively seen, amount to an affront to the dignity of Indian people. A contravention of clause 38 of the Code found and a penalty of R 2 500 imposed.  Complaint upheld, although for different reason than that of Complainant.