The issue in this matter was whether references to stars as “swinging both ways” (in one case) and radiobeing a “slut” (in another case) were of such a nature that the dignity clause of the Code was contravened. Complaints were not received from the stars involved or their agents. At the outset it must be stated that this Commission has held that any member of the public may lodge a complaint in regard to any contravention of the Code, including dignity and privacy.

[1] Of course, it is particularly difficult to ascertain what the persons would subjectively think of the insults if we do not have their complaints before us. At times it will, however, be obvious that dignity or privacy has been invaded upon and then we will come to a decision without a complaint from the person whose dignity or privacy was in fact invaded upon. In the present case the words were said in such a manner that they fell in the category of what is termed meaningless abuse. Since the complaint itself is, however, not focused on the question of dignity, we will not decide this issue. As to the teenagers of the complainant, it would appear from her complaint that the teenagers did not listen to this particular programme. The Tribunal was of the opinion that even if they had listened to the programme, they would not simply have accepted the remarks as true. The modern teenager is particularly well informed and the Tribunal believes that teenagers would be critical of the irresponsible manner in which the disc jockeys involved simply uttered crude references. The Tribunal was, accordingly, not convinced that teenagers were likely to have believed what the dj’s said. This kind of gender negative language is, from the Tribunal’s experience, not the kind of language which Highveld Stereo would approve of itself and probably internal  discussion with the DJ’s did take place.  The Complaint was not upheld.[1] BCCSA Judgment, SH Mashele vs e-tv, Case No: 22/2001.

[2006] JOL 18279 (BCTSA)

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