CASE NUMBER: 35/2006 – SMIT VS 94.7 HIGHVELD STEREO – LANGUAGE

The Registrar received a complaint about a crude joke which was told at 19:48 and referred to the world-renowned soccer celebrity, David Beckham. The DJ made a joke about David Beckham being asked at a sperm bank whether he needs any help, since his records state that he is a “useless wanker”.  The Tribunal was of the view that the word-play is not of the kind which is likely to have been understood by younger children. It is also not the kind of programme which would draw them as a likely part of the audience. The time of the broadcast was also not a time when a large number of children was likely to have been part of the audience, in any case. As to dignity, it is difficult to judge whether a person’s dignity has been invaded upon to the extent that he would have a legally just ground to complain when he or she is not the complainant. This Tribunal has also often stated that the more famous one becomes, the more tolerance would be expected from that person. The words were not used to hurt Beckham but simply to make light of a situation in which he found him within the world soccer scene. The Constitutional Court has emphasized that freedom of expression includes the right to say offensive things. Of course, there is a limit and when it is reasonable to limit offensive expression, it would be done. The Tribunal regards the joke to have been in questionable taste but given the time of the broadcast and the obscure word-play, that it did not go that far that it could be categorized as seriously offensive. The complaint was not upheld.