Johannesburg | Thursday
THE Constitutional Court will hear argument on Thursday that a section of the Independent Broadcasting Authority (IBA) Act is unconstitutional because it infringes the right to freedom of speech.
The Islamic Unity Convention (ICU) is seeking leave to appeal to have clause 2(a) of the IBA Code of Conduct declared unconstitutional.
The clause states: ”Broadcasting licensees shall not broadcast any material which is indecent or obscene or offensive to public morals or offensive to the religious convictions or feelings of any section of the population or likely to prejudice the safety of the State or the public order or relations between sections of the population.”
The case arose from a complaint made to the IBA by the South African Jewish Board of Deputies (SAJBOD) about a broadcast by Radio 786, a community broadcaster owned by the IUC.
The radio station broadcast an interview with Dr Jakoob Zaki entitled ”Zionism and Israel: an in-depth analysis”.
In the interview Dr Zaki expressed views about the Holocaust, the perceived involvement of Jews in major historical events and the question of Zionism and Israel.
The SAJBOD said the broadcast was likely to prejudice relations between Jews and other sections of the population in breach of clause 2(a) of the IBA Code of Conduct.
The IUC applied to the High Court for a review of the way in which the complaint was administratively handled by the IBA, and also sought an order declaring clause 2(a) of the Code unconstitutional because it infringes the right to freedom of expression.
The court found in favour of the IUC on the administrative issue and therefore considered it unnecessary to deal with the constitutional question.
The IUC now seeks leave to appeal to have the clause declared unconstitutional as an unjustified infringement of the right to freedom of expression.
SAJBOD supports the application for leave to appeal but opposes the appeal on the merits. It contends that although the clause does limit freedom of expression, the limitation is slight and indeed justified under the Constitution. – Sapa