Andre Williams vs. Sports Illustrated
SUMMARY
The headline to the story in dispute read, No distance left to run (published in March 2010).
This ruling by Deputy Press Ombud Johan Retief was based on the Press Code that was in effect before 30 September 2022.
The article was about the pursuit of sporting perfection – when sport got too easy it became increasingly pointless, it was stated. The writer, quoted another author who wondered what it would be like to play golf in heaven. This led to the golf joke about St Peter and Jesus: When Jesus hooked his first tee-shot, an angel guided the ball back into play, the dove of peace caught the ball in its beak and dropped it on the green, from where the Holy Spirit blew the ball into the hole. So, St Peter said to Jesus: “Do you wanna play golf or do you wanna f*@k around?”
André Williams complained that the:
- article went too far by telling a joke about Jesus; and
- word “f*@k” was a swearword that amounted to blasphemy.
Retief dismissed the complaint, because:
- a blanket acceptance of the notion that all jokes about Jesus were by nature denigratory or discriminatory would be inappropriate – each joke should be judged on its own merits;
- the story did not say “F*@k you” (that would have been a different kettle of fish), it said “F*@k around”;
- the words were attributed to Peter and not to Jesus; and
- the fact that the joke had been published many times all over the world was indicative of a prevailing moral climate that allowed for the publication of a joke like this one.
THE RULING ITSELF
This ruling is based on the written submissions of Mr A. Williams and the Sports Illustrated magazine.
- the article goes too far by telling a joke about Jesus; and
- the word that is used (f*@k) is a swearword that amounts to blasphemy.
- it was not its intention to blaspheme;
- Runciman is a well-respected journalist;
- it syndicated the article in question from the Observer, “one of the world’s most respected newspapers”, where it was first published;
- the joke referred to is one of the best known golf jokes in the world and has been published thousands of times all over the world; and
- the publication of the joke does not contravene any South African law.
- The joke’s context (technology can turn sport into a joke in its pursuit of perfection) is of vital importance. In the joke the poor shot by Jesus is corrected through supernatural powers. So St Peter feels done in – that is not fair play, he believes. The phrase “f*@k around” is used to express this feeling, and does not as such amount to swearing. (“F*@k you” would have been swearing.) Although it can be said that the use of the phrase “f*@k around” constitutes bad taste, it does not by definition amounts to a breach of the Press Code.
- Even though the expression in dispute is found to be not swearing, it must also be kept in mind that the words are attributed to Peter and not to Jesus.
- Art. 1.7 of the Press Code states: “Reports…relative to matters involving indecency or obscenity shall be presented with due sensitivity towards the prevailing moral climate.” The fact that the joke has been published many times all over the world is indicative of a prevailing moral climate that allows for the publication of this specific joke.