Gay Society Refused Leave to Appeal by Judge Zulman
SUMMARY
The headline to the column in dispute read, Call me names, but gay is NOT okay (published on 20 July 2008).
This ruling by the Chair of the Appeals Panel, Judge Ralph Zulman, was based on the Press Code that was in effect before 30 September 2022.
The thrust of the column was a call for a revision of the country’s constitution to take away the rights that gays and lesbians had won in the new South Africa.
The Ombud said his office had received nearly 1 000 complaints against the column. The gist of the complaints was that it:
- amounted to hate speech;
- equated homosexuality with bestiality; and
- could have incited violence against lesbian, gay, bisexual and transgender (LGBT) South Africans.
The Ombud dismissed the complaint about:
- hate speach, as the author – while having used robust language – did not advocate hatred but merely stated his views on homosexuality and also was not calling for gays and lesbians to be harmed;
- equating homosexuality with bestiality – the author said that, after allowing gay marriages, it would not be long before bestiality was legalised. By doing that, the writer was not equating the two, but placing them on different steps on a ladder; and
- incitement of hatred and violence – there was nothing in the column that pointed to that.
However, the implication was that homosexuality was placed below heterosexuality on that ladder. “The underlying meaning is that gays and lesbians are a lower breed and the column thus disparages them.”
The Ombud upheld the complaint on the following counts:
- Publishing denigratory references to people’s sexual orientation;
- Implying that homosexuals were a lower breed than heterosexuals; and
- The cartoon accompanying the column was also disparaging of homosexuals.
The newspaper was directed to apologise for those breaches of the Press Code.
Judge Zulman dismissed the application for leave to appeal, as he said there were no prospects of success.
THE RULING ITSELF
APPLICATION FOR LEAVE TO APPEAL:
