CASE NO: 37/2013 – KHAN VS HEART 104.9FM – GENDER

Words derogatory of women held to not amount to hate speech since the element of promotion was absent.  Words, however, held to have been harmful to children in that it would tend to lessen their respect for women. [2014] JOL 31632 (BCCSA) CLICK TO VIEW FULL JUDGMENT 

By | 2017-01-27T11:47:01+00:00 May 21st, 2015|HEART 104.9 FM|Comments Off on CASE NO: 37/2013 – KHAN VS HEART 104.9FM – GENDER

CASE NO: 43/2013 – PRINCE VS HEART 104.9 FM – DEROGATORY STATEMENT

The essential question in this matter was whether, in the opinion of the Tribunal, a second apology by the broadcaster had been satisfactory in addressing the offence caused to Rastafarians when their deity was treated with disrespect by the Respondent broadcaster. The Complainant was, justifiably, not prepared to accept the first apology as broadcast since [...]

By | 2017-01-27T11:47:03+00:00 May 21st, 2015|HEART 104.9 FM, Uncategorized|Comments Off on CASE NO: 43/2013 – PRINCE VS HEART 104.9 FM – DEROGATORY STATEMENT

CASE NOT: 49/2012 – J VS HEART 104.9 FM – PRIVACY AND DIGNITY

A complaint was received by the Complainant that her privacy, dignity and reputation had been impaired by the Broadcaster during a Morning Show when a discussion was broadcast about pre-nuptial contracts.  During the show a co-presenter in an emotional outburst quoted the divorce of her only brother as an example why she is in favour [...]

By | 2017-01-27T11:47:18+00:00 April 1st, 2015|HEART 104.9 FM|Comments Off on CASE NOT: 49/2012 – J VS HEART 104.9 FM – PRIVACY AND DIGNITY

CASE NO: 01/2011 – ESAU VS HEART 104.9 FM – HATE SPEECH

A complaint was received regarding alleged racist language used during an early morning broadcast on the Respondent’s station. The defence was that the words were used within a satirical context.  Held that although satire did not always excuse, the likely listeners would have understood the language as being used within a satirical context.  The Complaint [...]

By | 2017-01-27T11:47:23+00:00 March 13th, 2015|HEART 104.9 FM|Comments Off on CASE NO: 01/2011 – ESAU VS HEART 104.9 FM – HATE SPEECH

CASE NO: 11/2011 – HACKSLEY VS HEART 104.9 FM – SEXUALLY DEGRADING REMARKS

This is a complaint about sexually degrading remarks in a sports programme where the presenter went overboard in idolising Jacques Kallis, a cricket hero. The statement that upset the Complainant was the following: “[I]f tonight you're about to consumate your marriage on your honeymoon and Jacques Kallis wants first dibs, you should stand aside and [...]

By | 2017-01-27T11:47:25+00:00 March 13th, 2015|HEART 104.9 FM|Comments Off on CASE NO: 11/2011 – HACKSLEY VS HEART 104.9 FM – SEXUALLY DEGRADING REMARKS

CASE NO: 12/2011 – MULLER VS HEART 104.9 FM – DEROGATORY TERM

A complaint of hate speech was received regarding the use of the phrase“beach nigga”.  The BCCSA has warned before that certain words, such as“coolie”, “hotnot” and “nigger” should preferably not be used over the airwaves because emotions generated by such words are not conducive to racial harmony in our young democracy.  However, the use of [...]

By | 2017-01-27T11:47:25+00:00 March 13th, 2015|HEART 104.9 FM|Comments Off on CASE NO: 12/2011 – MULLER VS HEART 104.9 FM – DEROGATORY TERM

CASE NO: 28/2011 – LE ROUX VS HEART 104.9 FM – ABUSIVE AND VULGAR LANGUAGE

A complaint was lodged regarding alleged abusive, vulgar and demeaning language (words such as bitch and whore) used against a woman, and furthermore at a time when children could be exposed to it in a broadcast by the Respondent.  Respondent argued that the context of discussion was a scientific study which found that swearing releases [...]

By | 2017-01-27T11:47:31+00:00 March 12th, 2015|HEART 104.9 FM|Comments Off on CASE NO: 28/2011 – LE ROUX VS HEART 104.9 FM – ABUSIVE AND VULGAR LANGUAGE

CASE NO: 29/2011 – DAWOOD VS HEART 104.9 FM – HATE SPEECH

A complaint of hate speech was received regarding a joke told in the context of a programme about excuses for being late for work. The joke describes a man going to a local mosque for advice, and instead being beaten up with the Quran. The joke is satirical, and formed part of a comedy show [...]

By | 2017-01-27T11:47:31+00:00 March 12th, 2015|HEART 104.9 FM|Comments Off on CASE NO: 29/2011 – DAWOOD VS HEART 104.9 FM – HATE SPEECH

CASE NUMBER: 21/2007 – PIKE VS HEART 104.9 FM – LANGUAGE

On the 20th March the Registrar received a complaint that the word “I am the motherf… princess” were included in a song broadcast by the Respondent. The time of broadcast was 17:35 on a Saturday afternoon. The Tribunal held that although the word “motherf…” is not that clear in the song, which has a quick [...]

By | 2017-01-27T11:47:46+00:00 February 19th, 2015|HEART 104.9 FM|Comments Off on CASE NUMBER: 21/2007 – PIKE VS HEART 104.9 FM – LANGUAGE