Radio hate speech case continues
2012-12-11 21:12
Cape Town - A Muslim community radio station broadcast
about Zionism in 1998 went beyond the borders of freedom of expression, the
Broadcasting Complaints Commission of SA (BCCSA) heard on Tuesday.
"The broadcast is an absolute classic stereotype of
an anti-Semitic world view... Jews are talked about as a tight, monolithic
conspiracy where each individual is treated as though behalf of the
whole," sociology lecturer David Hirsh told the complaints and compliance
committee in Cape Town.
"This broadcast is hostile to Israel... it hates
Israel because of prior racist hatred of Jews."
Hirsh said these views could inspire hatred and human
rights abuses.
The University of London lecturer was testifying on
behalf of the SA Jewish Board of Deputies (SAJBD), which lodged a hate-speech
complaint against Radio 786, over a broadcast on 8 May 1998.
The radio station broadcast a programme entitled "Zionism
and the state of Israel - an in-depth analysis", featuring an interview
with United Kingdom academic Yakub Zaki.
According to the SAJBD, the academic claimed, among other
things, that Jews had brought about the Anglo-Boer war, conspired to steal
South Africa's natural resources, controlled the banks of the world and
invented the Holocaust.
It argued that Radio 786 was guilty of contravening the
Broadcasting Code of Conduct, which prohibited the advocacy of hatred based on
race, ethnicity, gender or religion, and that constituted incitement to cause
harm.
Hirsh likened the denial of the Holocaust to English
writer David Irving, who publicly denied that Nazi Germans killed millions of
Jews in gas chambers during World War II.
In 2005 he was sentenced to three years in an Austrian
jail under a statute that prevents Holocaust denial or belittlement of any Nazi
atrocities.
The committee, headed by Wandile Tutani, had been tasked
with hearing the merits of both the SAJBD's case and that of the Islamic Unity
Convention (IUC), which holds the station's licence.
The hearing was the culmination of 14 years of court
action and public hearings, with the matter twice reaching the Constitutional
Court.
Both parties eventually agreed to forward the matter to a
full hearing.
Although the IUC had yet to present its case, according
to its website it was confident its stance against the "biggest
pro-Israeli lobby force in Africa" would set a national precedent of
protecting freedom of expression.
It based its case on section 16 of the Constitution,
which allows everyone to receive or impart information or ideas, and the
freedom of artistic creativity, academic and scientific research.
These rights did not extend to propaganda for war,
incitement of imminent violence, and advocacy of hatred.
"Our intention is to stop the SAJBD from
criminalising criticism of Israel and Zionism. The SAJBD must not think they
can invoke anti-Semitism and Holocaust denial as a means to demonise criticism
of Israel’s crimes."
The Freedom of Expression Institute (FXI) had asked to
play a part in the proceedings, but Tutani said no FXI representatives were
present.
The SAJBD objected to the request, saying the FXI did not
have anything new to add to the case and may not be impartial because the IUC
asked it to join.
The hearing would resume on Wednesday, and continue until
Friday.
- SAPA
