CASE NUMBER: 49/2006 – KHAN AND KHAN VS IGAGASI 99.5 FM – BLASPHEMY

Complaints were lodged that words uttered by presenters of programme called “G-String” were offensive to Christians and amounted to blasphemy.  The programme was described as “cheeky, opinionated, ironic, witty and sometimes satirical.  It aims to be tongue in the cheek”.  The right to freedom of expression is one of the cornerstones of democracy.  The right is not absolute and may be limited on the grounds set out in section 16(2) of the Constitution of South Africa.  The limitation to freedom in this case, based on advocacy of hatred on the ground of religion was considered, as well as the further requirement that there must be incitement to cause harm.  The words were considered in the context of programme in which they were uttered.  The words were found not to amount to such incitement. No contravention of the Code was found and the complaints were not upheld.