The complainants argued that reference to persons who have undergone a sex change operation as “it’ was demeaning and unacceptable. The Tribunal accepted this argument but held that the word used did not, in the circumstances, amount to hate speech based on gender. The elements of advocacy and incitement were absent.
Although the broadcaster correctly submitted that the speech complained about was not hate speech, it volunteered the following apology: ‘Notwithstanding our submissions above, we wish to put on record that we take all complaints to our station very seriously. Whilst we do not believe the comments amounted to hate speech, we would like to apologise to anyone who was offended by the comments.” During the hearing the possibility was also mooted that the transgender community might be given an opportunity to deal with some of the misconceptions complained about on air by an appropriate radio station in the group. The broadcaster indicated that it wishes to make amends for the hurt caused. Undertakings made on behalf of radio stations are ethical commitments and the indications are that the broadcasters would wish to honour them.
The complaint was not upheld.