CASE NUMBER: 26/2006 – BOUGARDT VS HEART 104.9 FM – RELIGION

This matter concerns a complaint lodged with the BCCSA by Reverend Oscar Bougardt.The complainant was aggrieved by a broadcast by Heart 104.9 Radio on 12 April 2006 in which the presenter, Lee Downs, according to the complainant, made blasphemous remarks regarding Jesus Christ and his mother. The complainant contends that the presenter of the show conducted himself in a blasphemous manner and that making jokes on air about religion is unacceptable.  He also insisted that as a role model, Lee Downs apologise for this indiscretion. The Tribunal balanced the interests at stake (freedom of speech and freedom of religion) and came to the conclusion that the observations form part of satirical comment and that it would amounted to granting too much weight to religion if, under these circumstances the complaint were to be upheld. The complaint was not upheld.