The Registrar of this Commission received complaints about remarks made by a presenter, during
two broadcasts on Highveld Stereo, a radio station which has as its target audience adult modern-thinking South Africans living within its geographical frequency area. The Registrar decided to entertain the complaints since, on a prima facie basis they would seem to have amounted to instances of hate speech based on religion. One set of complaints deal with alleged mockery of the Christian conviction that the Name of Jesus may not be taken in vain. The second set deals with disrespect concerning the Jewish Holy Day of Yom Kippur.
Held: (1)That the mockery of religious precepts in these broadcasts amounted to the advocacy of hatred based on religion on the airwaves and that this constituted incitement to cause harm
(2) That religious tranquility was in the interests of freedom, equality and democracy and that these broadcasts, on two occasions, recklessly abused the fundamental right to freedom of speech to the substantial detriment of two religious groupings in the country.