News
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Notice of New Code of Conduct of BCCSA for 2011
Click to read the letter from the Chairman Click to see the Code of Conduct for 2011
CHAIRPERSON'S ANNUAL REVIEW 2009-2010
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LATEST JUDGMENTS
20 MAY LATEST ADJUDICATON 19-A-2011
Latest Judgments
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CASE NO - 14-2013 - SABC3 - ALL MY CHILDREN - AUDIENCE ADVISORIES
A complaint was received concerning a film broadcast during the early afternoon with a 10PG. The Tribunal held that the classification “Parental Guidance” means that parents are advised to be present while their children under ten watch a film. Although there is no nudity in the scenes complained about, there are compromising scenes of sexual foreplay in the film. A PG 10 does not indicate the nature of problematic material. An age restriction of 13 plus an S (sex) classification would have been the correct classification. Parents and other...
CASE NO - 12-2013 - RSG - NEWS
On 9 February RSG news broadcast the following item in Afrikaans which, translated, reads as follows: “According to official statistics, more or less 65 000 sexual crimes were committed in South Africa last year. According to police estimates, only one out of thirty-six cases of rape are reported. Recent research has shown that more than a quarter of South African men admit that they have raped a woman or a girl.” A complaint was lodged with the BCCSA, and the Tribunal held that the words in italics amounted to an unfair generalisation...
CASE NO - 09-2013 - MULTICHOICE - CHILDREN
One of the MultiChoice channels screened a promotion for a programme about sex tourism in Thailand at 06:50. They also screened a promotion for a programme about “deviant” sexual behaviour, which included images of people in bondage attire (a “dog muzzle mask”), striptease and highly sexualised positions. DSTV informed the channel that the promotional material was inappropriate and the channel withdrew the material immediately. The Code for Subscription Broadcasters prohibits the broadcast of material which is “unsuitable” for children. The BCCSA Tribunal upheld the complaint. The following was stated: ...
CASE NO - 08-2013 - 94.7 HIGHVELD STEREO - CHILDREN
A complaint was received about references to sexual fantasies and a threesome during the morning show on 94.7 Highveld Stereo. The Tribunal held that the references were not harmful since they were not explicit. The Complaint was not upheld. De la Roche vs 94.7 Highveld Stereo. CLICK TO VIEW FULL JUDGMENT
CASE NO - 13-2013 - SABC1 AND SABC2 NEWS - POLITICAL PARTY
The President of the United Christian Democratic Party (“UCDP”), a minority party in Parliament, filed a complaint against SABC for not including him in their news broadcasts at 19:30 (isiZulu) and 20:30 (Sesotho) on the 15th February this year when a news conference was held with Party leaders. The Tribunal held as follows: (1) It has been emphasised by the Constitutional Court that the protection of the rights of minorities is an integral part of our democracy. The fact that such a minority is constituted by a small group is irrelevant....
CASE NO - 07-2013 - TALK RADIO 702 - NEWS - APPEAL JUDGMENT
Appeal against decision of first Tribunal. First Tribunal found that the broadcast contravened clause 11 of Code because of the unfairness of reporting. Appeal Tribunal finding that the broadcast unfairly created the impression that untested evidence given in court was false and that the broadcast, pendente lite, posed a real risk to the administration of justice. Appeal Tribunal not finding that first Tribunal was clearly wrong as required by the Procedure of the Commission. Appeal was not upheld. Appeal on the sanction, however, was upheld. In a...
CASE NO - 01-2013 - YFM - LANGUAGE
A complaint was received that YFM, a radio station under the BCCSA’s jurisdiction, broadcast a song with an obscene word in it and that the song was, accordingly, harmful to children. The BCCSA Tribunal held that the respondent should be afforded the benefit of the doubt. A broadcaster should, however, steer a course clear of language which may possibly amount to obscenity. The word complained about is a homonym, different in meaning though so close in sound to a word that is an obscenity, that it would be wise...
CASE NO - 06-2013 - SABC2 - SPEAK OUT - COMMENT
In 2009 a programme exposing alleged fraudulent activities of a Non-Profit Organisation (NPO) was broadcast. This programme was re-broadcast in 2012, though without checking the status of the organisation at the time. The situation had, however, changed, which would have necessitated a substantial amendment to the programme when re-broadcast. Complaint that Broadcasting Code was contravened upheld. Ndamase vs SABC2 CLICK TO VIEW FULL JUDGMENT
CASE NO - 04-2013 - MULTICHOICE - KYKNET - BESTIALITY
The Tribunal agreed with the Complainant that the scene shown was offensive and in extremely questionable taste. However, it did not regard this as an instance where the BCCSA should intervene. It is a well-known rule that the law – and thus the Broadcasting Code – should not concern itself with minor matters. The relevant scene is not shown at close range, lasts only a few seconds, and takes place without the gentleman involved being aware of the bull approaching him while he is bent forward over a bin...
CASE NO - 05-2013 - SABC3 NEWS ADVISORIES NOT RELEVANT TO IMAGES OF SNAKES
Clause 11(9) of the Broadcasting Code for Free-to-Air Broadcasters provides as follows: (9) Broadcasting service licensees must not include explicit or graphic language related to news of destruction, accidents or sexual violence which could disturb children or sensitive audiences, except where it is in the public interest to include such material. A complaint relating to the explicit showing of snakes, kept as house pets, during the 19:00 news, was not upheld, since the scenes did not fall within the ambit of the above clause. Mabasa vs SAB3JOL Ref - Mabasa vs...
CASE NO - 03 -2013 - KFM - NEWS - BALANCE
A complaint that a news item was one-sided was not upheld by the BCCSA Tribunal. The decision was based on the fact that balance was achieved in later newscasts which dealt with the subject as it developed. Allderman vs KFMJOL Ref - Allderman v KFM [2013] JOL 30033 (BCCSA) CLICK TO VIEW FULL JUDGMENT
CASE NO - 02 - 2013 - 94.7 HIGHVELD STEREO - HARMFUL TO CHILDREN
The Registrar received a complaint against Radio 702 in regard to sexually suggestive sounds broadcast shortly after seven in the morning. This formed part of a practical joke which was played on the partner of a woman who had initiated the hoax via the anchor. Held: that although this is not the kind of material which should be broadcast at that time of the morning, the repeated warnings to parents as well as the absence of sexually explicit...
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