CASE NO: 03/2010 – JANSE VAN RENSBURG VS TUKS FM – HATE SPEECH

Complaint about a feature in a regular university radio programme where the presenter provides a scenario of a person’s behaviour and then requests listeners to SMS or call in to indicate whether they think the person (and his behaviour) is “Gay” or “OK”.  Respondent explained that the meaning of the word “gay” in this context referred to something that is uncool, stupid, or objectionable.   Complainant of opinion that this constituted hate speech since ‘impressionable’ students might have deduced that being gay is objectionable.   Tribunal found that the word gay was not used to refer to homosexuality, but according to widespread current usage of the word amongst young people, to a carefree attitude and unjustifiable statements. Tribunal of the opinion that although the word “gay” was used (and even if it carried a negative connotation), there was nothing that could be described as the advocacy of hatred or incitement to cause harm to homosexuals in the programme.  Tribunal found that comments were fair and the honest expressions of opinion of the presenter and respondents respectively and that the broadcast was not intended to injure, that it was not malicious or mala fide. Tribunal stated that the right to freedom of expression includes the right to offend within reasonable limits. Complaint not upheld.