A presenter used the word “coolie’ in referring to a co-presenter. A complaint was radioreceived from a listener. The Tribunal held as follows: 

  1. There is one aspect that possibly saves the reference to “coolie” from a finding of hate speech in the present instance. The word was used as a pun, a form of wordplay, on Kuli, which is the name of the co-host. In the present case, this fact could remove the sting from the word, and also mitigate against a finding that the use of the word amounted to the “advocacy” of hatred. With this in mind the Tribunal did not, however, believe that the fact that the word was used as a pun totally removed the sting from it. In fact, making a joke of it might even have exacerbated the situation. The instantaneous disapproval voiced by the co-presenters regarding the use of the word, followed by their immediate and tactful steering of the discussion away from the word – and its overtones – did, however, ameliorate the situation. In a sense, the co-presenters immediately censured the presenter and as such made the broadcaster’s displeasure and non-acceptance of the word clear. 
  1. However, since it is likely that a large number of children comprised the early-morning audience, clause 6(11) of the Code was contravened. It is likely that a substantial number of children would have heard the presenter use the word “coolie” in regard to his colleague and would not have understood the value of the corrective measures taken. Since “coolie” is a grossly offensive word, the said sub-clause was contravened. 

The complaint was upheld and a fine of R5000 was imposed.

[2013] JOL 30369 (BCCSA)

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