Complaint about an alleged offensive and derogatory remark by a radio station presenter during a 
discussion about the release of 1027 Palestinian prisoners and their repatriation from the West Bank back into Gaza in return for an Israeli soldier who had been kidnapped five years before. The presenter described the prisoners as brutal criminals and murderers and said that they will hopefully start killing each other. Tribunal held that the remark could not be viewed as incitement to violence or imminent violence because the prisoners were not encouraged or incited to committing violence against each other. Likewise it was held that the remark did not constitute hate speech because there was no advocacy – the presenter was merely offering a personal opinion regarding possible violence after the release of the prisoners. Further held that in any event, according to Clause 5 of the Broadcasting Code, the prohibition of violence or hate speech does not apply to a bona fide discussion, argument or opinion on a matter of public interest. The remark was clearly comment and an honest expression of opinion. The Tribunal also pointed out that freedom of expression permits broadcasters, within certain limits, to broadcast offensive material and that the remark did not go beyond the contemporary standard of tolerance in South Africa. Complaint not upheld.
Regarding a subsequent concern of the complainant concerning the fact that the presenter contacted her place of employment to get their view on her complaint, the Tribunal held that no contact with a complainant is allowed except through the BCCSA and the broadcaster was requested to ensure that this does not happen again.