CASE NO: 10/2010 – SCHUTTE VS MULTICHOICE CHANNEL 126 – HATE SPEECH

This case concerns a complaint about a scene in a programme in which a banner with the words “Jesus sucks”is pulled by a light aeroplane. The Respondent argued that the publication of the words does not constitute the advocacy of hatred based on religion and with the incitement to cause harm.  The Tribunal found that the words complained of are so defiant to the deity of Jesus that it constitutes the advocacy of hatred, but that the context in which it was published did not amount to the incitement to cause harm – the context being a competition between Kenny and Spenny that is ridiculous, stupid, bizarre and immature, according to the broadcaster. The Respondent did not press the argument that the broadcaster did not knowingly broadcast the words complained of (clause 10 of the Code) – no contravention of the Code was found and the complaint was not upheld.