CASE NUMBER: 27/2/2004 – 94.7 HIGHVELD STEREO VS JA DU PLESSIS, PASTOR CWP VENTER AND M ORCHISON, WALLIS, SUSKIN, COTTON AND BYRNE  – APPEAL JUDGMENT    

The Complaints Tribunal of the BCCSA found that a mocking of fasting Jews on Yom Kippur by way of prank telephone calls amounted to hate speech.  A similar finding was made after receiving complaints against a ridiculing of the Jesus Project of the Reverend Jannie Pelser.  On appeal in both cases it was held that the legal basis for such finding did not exist as section 16(2) of the Constitution could not be “read into” the Code of Conduct.  A finding of hate speech could therefore not be made in terms of the Code as it presently reads. This untenable situation should be rectified.  Nevertheless, the Appeal Tribunal found that paragraph 35 of the Code was contravened in both appeals. Both broadcasts amounted to “comment on and criticism” (albeit jocular) of actions or events of public importance but both broadcasts failed the test of “honest expression of opinion”.  A suspended fine was imposed in both cases.