On New Year’s day, during the Respondent’s breakfast show, the following comment was made: “Australia they had an amazing fireworks display last night, they obvious do not have a SPCA issue as what we have in the country”. This remark upset the Complainant because he regarded the words as being derogatory of the SPCA and therefore offensive. The Tribunal judged the words in context – the context being a breakfast show where comment is often tongue-in-cheek, irreverent and provocative. The Tribunal found that the remark complained of did not go beyond the contemporary South African standard of tolerance. No contravention of the Code was found and complaint was not upheld.
[2012] JOL28657 (BCCSA)