The complainant participated in a phone–in programme on Kaya FM 95.9 during which she alleges her vocation as a mind-set coach has subsequently been besmirched. Contraventions of Clauses 4(2), 12, 13 and 15(1) of the BCCSA’s Code of Conduct were argued. Clause 4(2) not applicable as the comments do not constitute hate speech. The topic [...]
A presenter used the word “coolie’ in referring to a co-presenter. A complaint was received from a listener. The Tribunal held as follows: 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, [...]
A song which included the words “nigga” and “fuck” was broadcast by the respondent. The Tribunal was informed that the general policy of the broadcaster is to remove these words from songs or use a radio version of the song. However, a new system had been introduced, which had not reacted to the words, and [...]
The tribunal held that Kaya FM did not contravene the Code by broadcasting, without comment, a listener’s racist remark as it was counter-balanced immediately by the co-host of the programme. [2012] JOL 29680 (BCCSA) CLICK TO VIEW FULL JUDGMENT
An appeal has been received against a decision by a Commissioner who adjudicated the complaint. The complaint was against the broadcast in which a presenter uttered words that offended the complainant. The complainant stated the following: I was listening to Kaya FM this morning between 8am and 9am and suddenly I heard some utterances from [...]
The question which arose in this matter is whether a spoof on foreign perceptions on Africa and its inhabitants indeed amounted to the advocacy of hatred based on race. The Tribunal found the opposite and reasoned as follows: The primary question was whether the Complainants were correct when they argued that the insert amounted to [...]
A complaint was lodged by Torga Optical that Respondent broadcast a news item that was untrue and defamatory to their business. The news item concerned the dismissal of an employee of the company because she was overweight. When the reporter of the Respondent endeavoured to verify the information, he was told that the CEO of [...]