A broadcast by the Respondent included a satirical sketch by a stand- up comedian with an audie
nce. The sketch included jokes which included the term “coolie”. The Tribunal held that the word “coolie”, given its historical apartheid context, amounted to a serious invasion of dignity by way of hate speech based on race and that this result trumped the dramatic value of the insert. The Tribunal stated that the broadcast of the word “coolie” flies in the face of Constitutional values of dignity and equality. The satire, although quite splendid, cannot trump these values.
Observation: No view is expressed as to the CD or DVD, which falls under the Films and Publications Act. Different considerations, in any case, apply there. Public entertainment does not fall under the Films and Publications Act and, once again, the milieu is totally different from a broadcast.
The complaint was upheld and the Broadcaster reprimanded. The Broadcaster was cautioned that if a similar broadcast were to take place in future, this contravention would be taken into consideration in deciding on a sanction, which could include a fine.