BCCSA fines M-Net over promo, rules on use of "moffie"

According to M-Net an internal classification team issued a directive that the promo should only be scheduled after 9.30pm but it was still scheduled for broadcast at 6pm on the 13 October 2010 "in error".

The BCCSA found that the time slot aggrevated the offence "since this is a time when families are usually at home watching television, and it is before the bed-time of many younger children."

Scenes of violence and horror

The BCCSA found that, "The video indeed contains graphic scenes of violence and horror as described by the complainants (e.g. "demons and ghosts" and other inexplicable scenes of horror). Most children would, as alleged, be severely disturbed by such images, since they do not have the cognitive ability to process them, or a frame of reference within which to locate them and perhaps make sense of them. The negative emotional and psychological effect of such images would thus be exacerbated, and such effects could even be permanent."

The fine was imposed as the BCCSA had issued frequent reprimands to M-Net on promos containing scenes with violence broadcast before the watershed.

In another BCCSA judgement issued in December the commission found in favour of Highveld Stereo in a complaint on the use of the word "moffie" (Afrikaans slang for gay) and a song broadcast during The Rude Awakening show.

The lyrics of the song are as follows:

You're such a moffie

I couldn't live without her
Until I felt your touch
And now while she sits on her own
I sit in your crotch
When you took away my chick
You made me want to kill
I wanted to walk up to you
And rip off your peanut brain but...

(Chorus)
You're such a moffie
And there's just no doubt
You're such a moffie
I just want to shout
That you're such a moffie
And I'm such a moffie
You're such a moffie
And I'm glad we're out

I'd love to see her dazzled face
Now that we're an item
She loved the way your buttocks shake
And I just love to bite them
I wonder how that girl must feel
With both her exes gay
While tears are smudging up her face
We pack fudge all day Oh yey! Oh yey!

(Chorus)
You're such a moffie
You make my heart sing
You're such a moffie
You're my everything
You're such a moffie x3
Won't you wear my ring?

I know we shouldn't skinder
I guess she must be sad
I took away her dinner
And boy I am so glad

Departure from previous rulings

The ruling is quite a departure from previous rulings involving comedy or satire aimed at specific population groups. Recent rulings include one against East Coast Radio and stand-up comedian John Vlismas for a sketch in which he gives a mock sermon and jokes that it's no use killing Hindus because they just come back, thanks to their belief in reincarnation (complainants submitted that Vlismas suggested that, as such, bullets would be wasted on Hindus). "The members of the Tribunal were in agreement that this programme went too far. The derogatory reference to manifestations of the Hindu Deity exceeded the bounds of humour," the BCCSA ruled at the time.

A skit by Riaad Moosa broadcast on 94.7 Highveld Stereo, in which he uses the term "coolie," was also found to be hate speech by the BCCSA.

In the matter before it the BCCSA held that "the tone of the song is happy, celebrating freedom to be gay and that the word moffie is not used in a derogatory way, but rather in an affectionate or endearing way; that the intention is not to offend listeners or to perpetrate hostility/negative stigma; that reasonable listeners will understand the song in the above context and that it is not likely to be hurtful to gay people."

How the song could be construed, as per the BCCSA's judgement, as having "value in improving the plight of homosexual people and rectifying the negative stereotype," is however anybodies guess ("tears are smudging up her face; We pack fudge all day").

Classifying hate speech

Part of the judgement, issued by BCCSA Commissioner Dr Linda Venter, argues that "there seems to be a misconception amongst some members of the South African society about what kind of language should be classified as hate speech. Advocacy requires much more than the mere use of certain vocabulary. As pointed out by the Respondent, the term advocacy implies an element of exhortation, pleading for, supporting or coercion. Likewise, no traces of incitement to cause harm could be found. The word incite means to urge or to stir up and it could not be found that listeners are encouraged or stirred up towards committing violence against homosexual people or to cause them harm in any way. Clearly the lyrics are not calculated to injure, nor are they calculated to be malicious or mala fide and thus cannot be seen as injurious towards homosexual people."

It's common sense that has been lacking in some past judgements. Vlismas definitely did not plead for Hindus to be shot, as little as Moosa pleaded for "coolie" to be considered an acceptable part of our everyday vocabulary.