Complaints were received regarding a joke concerning a “midget” being bathed in a wash
basin; these remarks were made by a presenter during a morning show on Jacaranda 94.2.
The Tribunal held:
that the joke did not amount to the promotion of unlawful conduct since it did not imply that the the bathing would take place without the permission of the person involved or that the person would be a minor; and
that, since no complaint was received from a person falling within that category of persons, the question of impairment of dignity could not be considered without first establishing how such a person might respond to the joke.
that, generally, within a Constitutional democracy which guarantees equality and non-discrimination, the term “midget” should be avoided by broadcasters and, for that matter, anyone else.
[2013] JOL 30610 (BCCSA)