YFM radio station, on the 16 April 2008, during the afternoon drive show called Essential Rush, broadcast a joke from a listener which says that Jesus, after breaking bread and drinking wine with radiohis disciples during the last supper, said to them that “one of you is going to betray me” and Judas replied by saying that, when JESUS is drunk, he likes talking nonsense (“ma o dakiwe uno molomo”). A complaint was lodged with the Registrar claiming that the Broadcasting Code had been contravened. 

The Tribunal considered the joke in the light of clause 16(3)(c) of the BCCSA Code, which prohibits broadcasting of any material which amounts to the advocacy of hatred that is based on religion and that constitutes incitement to cause harm, and clause 17 of the BCCSA Code which makes exceptions to clause 16 in a case of bona fide opinion on the matter based on religion. 

The Tribunal held that although the complainant strongly felt that the use of the words “ma o dakiwe uno molomo” (when you are drunk you talk too much) used by Judas to refer to Jesus are offensive to him and to some members of the Christian faith, the general effect of the joke does not amount to advocating hatred based on religion.

The Tribunal held that the tolerance test comes into play here in that offence to the listener is not enough. The issue is whether what is said advocates hatred based on religion and constitutes incitement to cause harm. 

The Tribunal also considered whether the joke contravened clause 18.1 of the BCCSA Code. It held that the joke did not constitute material that was unsuitable for children.

The complaint was not upheld.

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