The Islamic Unity Convention v. Independent Broadcasting Authority
South Africa Constitutional Court
2002 (4) SA 294 (CC) (2002)
- Written by John Reeves, JD
Facts
The Islamic Unity Convention (plaintiff) operated a radio station. One day, the radio station broadcast a program featuring an interview with somebody who denied the Holocaust. Afterward, the South African Jewish Board of Deputies (defendant) made a complaint to the Independent Broadcasting Authority (IBA) (defendant), alleging that the broadcast material was a violation of South Africa’s Code of Conduct for Broadcasting Services (the code). The code prohibited the broadcast of anything “likely to prejudice relations between sections of the population . . . and other communities.” The Islamic Unity Convention argued that this prohibition unlawfully interfered with the right to freedom of speech. The IBA argued that this prohibition was justified prohibition of hate speech.
Rule of Law
Issue
Holding and Reasoning (Langa, C.J.)
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