CASE NUMBER: 03/2006 – OLIVIER AND MARITZ VS 94.7 HIGHVELD STEREO CHILDREN

The Registrar received complaints concerning the crude remarks made on the Respondent’s “Rude Awakening” show on the 25^th October by a presenter (known as “Whackhead”). A worker at a rugby field was phoned and asked to look for the testicles of the caller. He was, as it were, led by his nose and a detestable joke was made of him on air. The Tribunal has no doubt that although the respondent is geared towards a more adult and sophisticated audience, the audience at the said time of the day included a large number of children. There is nothing to be learnt by children from the prank. It is dirt for the sake of dirt and for the sake of demeaning a fellow human being. Why opt to embarrass a good, honest worker by setting him up as the laughing stock to listeners? Had the complaint been based on alleged injury to dignity, the Tribunal might have decided to uphold the complaint on the basis that, objectively, the disrespect went too far. To argue that a sense of humour would counter this, would be unacceptable. Ms Mochaba also conveyed the respondent’s unhappiness with the remarks. The fact that she thought that the remarks did not go far enough to substantiate a contravention, did not mean that the respondent approved of the prank. The Tribunal held that it was harmful to younger children to have used the said crude language on air and combine it with detestable conduct towards another human being. Clause 18 was contravened.