This complaint concerns the broadcasting of a skit in which the Hindu religion was ridiculed in a “sermon”. In the “sermon” the deities were mocked and it was stated that it is no use to kill Hindus because they just come back, because of re-incarnation. The broadcast was adjudged in context, in this case humour, but the Tribunal considered that there are also limitations to humour, especially on the sensitive issue of religion. It was found that the broadcaster went too far and that the broadcast constituted the advocacy of hatred based on religion. As to the second requirement of hate speech, namely incitement to cause harm, it was found that by the use of words like “… kill the Hindus …” and “bullets” the broadcaster again went too far. It was decided that the broadcaster contravened clause 16.3 of Code and the complaints were upheld. In the light of the steps taken by broadcaster: By apologising, taking the programme off the air and suspending the contributor, it was considered that a reprimand would be sufficient.
CASE NO: 22/2010 – DR K NAIDOO AND OTHERS VS EAST COAST RADIO – RELIGION
[2010] JOL 26334 (BCCSA)