CASE NUMBER: 26/2003 – VAN LOGGERENBERG AND 33 OTHERS VS 94.7 HIGHVELD STEREO – RELIGION

Complaints about jokes relating to sexual acts and jokes that are offensive to religious convictions of the Complainants by the Respondent’s Rude Awakening team. These complaints have to be judged in the light of the Broadcasting Code and the freedom of expression clause in the Constitution of South Africa, which is regarded as part of the Code. The Constitution allows for certain limitations to freedom of expression. According to majority of members of Tribunal, jokes complained of not falling under limitations. No contravention of Code found. The complaints were dismissed. However, one member of Tribunal, in minority judgment, finding joke on religion to be blasphemous to such extent as to constitute hate speech with incitement to cause harm, thus falling under limitations and therefore a contravention of the Code.