Unfamiliar with intent, context
The BCCSA seems to be unfamiliar with intent and context when it comes to its numerous rulings against comedians and the satire they produce. Instead, its judgements show it chooses to take what is said at face value, as it assumes the average radio listener does - which the average radio listener really should find offensive.
The complaint centred around a skit by Moosa that was played on 94.7 Highveld Stereo. The judgement contains the following description of the skit:
He [Moosa] started off by referring to people from Pakistan as "Paki's" and then compared that to the use of "coolie" and stated that, although the word was no longer used in South Africa where he comes from, people might still be referring to him as a "coolie" when he leaves their company. In fact, the audience might, afterwards, be referring to him as a funny "coolie" comedian. The audience in the insert reacted by laughing loudly at every sentence where the comedian used the word "coolie". So, the show must have been very successful. Even when he supposedly quoted a man with a typical sophisticated English accent: "These bloody coolies, they have so many wives...completely unacceptable by Western standards, as I was saying to my mistress!" The audience roared with laughter.
The BCCSA acknowledged that "the right to artistic expression is part of the right to freedom of expression" but continues that "certain limits to this freedom exist". Previous judgements suggested the BCCSA consider itself the arbiter of the "bounds of humour".
The Commission is at pains to stipulate that "the airwaves belong to the public (res publicae)" where the listener "has no warning of the impending calumnious language, whatever the context". It assumes that the general public is as easily offended as the complainants.
The BCCSA found that "[t]he broadcast of the word 'coolie' flies in the face of Constitutional values of dignity and equality. This is so even where people genuinely laugh at the use within the context of a show, which is not on air. The present satire, although quite splendid, cannot trump these core values of dignity and respect, even within the context of satire."
Bad news?
That must be bad news for Rajesh Gopie and his play The Coolie Odyssey, which Cue described (as reported on ArtLink) as:
A classic immigrant's tale infused with sympathetic magic and empathic insights, The Coolie Odyssey is the finest of rebukes to Mbongeni Ngema's hateful anti-Indian songs. Gopie has crafted a humane and engaging piece of theatre that affirms and gently asserts the role of Indian South Africans in our history while being unflaggingly engaging. This is more than a journey, it is a homecoming.
Missed the point
94.7 Highveld Stereo, which missed the point when it described Moosa as an "Indian comedian" in its defence, won't be paying a fine but did receive a reprimand.
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