CASE NO: 11/2013 – KRUGER VS SABC3 – RELIGION

Broadcast of Top Gear programme on SABC3, in which the Top Gear team arrived at the Sea of Galilee and made light-hearted references to certain sayings of Jesus Christ. The Tribunal held that, although the references were likely to have been offensive to many Christian viewers, the standard of “advocacy of hatred based on religion that constituted incitement to cause harm” was not met. Offensive material that did not meet that test could not be found to be in contravention of the Broadcasting Code. Section 16(2)(c) sets the criterion of hate speech as the only permissible criterion to make a finding against a broadcaster based on material that is offensive to religious sensitivities. This standard was not met, and the complaint was not upheld.  Given the probable sensitivities of Christian viewers, it was, however, wise of the SABC not to re-broadcast the programme.