This judgment concerns a complaint about the dignity of people with Down Syndrome which was impaired by the acerbic insults flung by two persons at each other in a comedy programme the object of which was apparently to determine who could insult the other in the most degrading and humiliating way.  The offending words expressed by one person on the show to the other were that the other person is “only two p*esklaps away from Down Syndrome!” Although the offending words could be regarded as ethically and morally unacceptable, this is not the test applied by the Tribunal.  The Tribunal found that the protection of dignity in clause 28.4 of the Subscription Broadcasting Code is limited to news broadcasts and comment only and that this limitation is valid in terms of section 36 of the Constitution of South Africa.  The offending broadcast was therefore not in contravention of the Code and the complaint is thus not upheld.

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