The Broadcasting Tribunal held that the facts available to the Respondent radio stations did not justify their implicating the complainant in a murder on the meager facts available to it. This amounted to a contravention of the rules pertaining to News and defamation. A passage in judgment reads as follows: “In the result we hold that the Broadcasting Code has been contravened. We do not think that the broadcasters acted with the intention of defaming the Complainant. But in South African law negligence is sufficient for a finding of defamation by the media. Clause 11(3) of the Code is also based on reasonableness. We have no doubt that the Radio stations were negligent in broadcasting the material. A broadcaster, which reaches a very large audience, cannot be heard to say that, on the meager evidence available, it had the right to broadcast the damaging item. In our view a reasonable broadcaster would not have published the item with the scanty evidence at its disposal, as was the case in this matter.” A fine of R25000 was imposed on each radio station for the contravention. Naicker vs 94.7 Highveld and Talk Radio 702

Jol Ref - Naicker v 94.7 Highveld Stereo and Another [2012] JOL 29193 (BCCSA)

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