The Registrar of the Broadcasting Complaints Commission of South Africa (BCCSA) has received a complaint regarding the use of the word “nigger” in a broadcast of an afternoon YFM programme titled ‘Prime Mode’ on 15 March 2012 between 14h00 and 15h00.
The complainant, Tshepo Motaung, contends against the use of the word “nigga” which he heard being used quite liberally on the afternoon show. Motaung’s claims rest on the issue of “hate speech based on race clause”.
The applicable clause to the case as it stands is:
Clause 4(2): Broadcasting Service licensees must not broadcast material which, judged within context, amounts to (a) propaganda for war; (b) incitement of imminent violence or (c) the advocacy of hatred that is based on race, ethnicity, religion or gender and that constitutes incitement to cause harm.
The judgment observed that “it cannot seriously be suggested that the broadcast was intended to or indeed even had the effect of advocating hatred, less still that it constituted incitement to cause harm. The use of the word “nigga” was plainly not intended to have any of these effects nor did it indeed have such effects”.
Therefore upon revising the case, the judgment did not find the broadcast station (YFM) in violation of clause 4.2 of the BCCSA code of conduct and the complaint is therefore not upheld.
To read the full adjudication, visit: www.bccsa.co.za