BCCSA CHAIRPERSON' SPEECH
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20 MAY LATEST ADJUDICATON 19-A-2011
Lyrics of song promote sexual violence against women. Lottering v SAFM CLICK TO VIEW FULL ADJUDICATION
An insert complained about was held to be problematic, though not sufficiently disturbing to warrant the intervention of the BCCSA in a re-broadcast that was likely to take place after the commencement of the subscription watershed.
Complaint not upheld. Should the broadcaster wish to add a verbal warning to a re-broadcast of the insert (as it occasionally does in other “Kwela” programmes), it is free to do so. Coetzer and Fourie vs Multichoice CLICK HERE TO VIEW FULL JUDGMENT
complaint was received from the Universal Church of the Kingdom of God in South Africa ( “the Church”) that its reputation had been impaired owing to the use of visual inserts in the regular SABC3 discussion and investigation programme, Special Assignment.
The purpose of the programme was to report on churches and clergy who are involved in crimes such as money laundering and who are involved in the illegal drug trade. Neither the Complainant Church nor any of its clergy were mentioned by name in the programme, and no...
Drama that included argument presenting extremely one-sided views on questions concerning the relationship between Israel and Palestine, called for some form of corrective. This amounted to a contravention of clause 13 of the Code.
Since the contravention amounted to a bona fide error, no sanction was imposed by the Commission. Levy vs SABC (LotusFM) CLICK TO VIEW FULL JUDGMENT
A complaint was received regarding the correctness of a news item broadcast by the SABC. The invasion of privacy of the Complainant’s wife was at the core of the complaint – and together with that, the absence of truth in relation to her possible involvement in a crime. The identity of the wife of the Complainant was not disclosed in the news item. Her privacy was, accordingly, not invaded. The next question was whether the news item was in conflict with the news provision of the Broadcasting Code. The explanation...
The complainant complained on behalf of two sex workers that their dignity and privacy was violated by showing them in a programme about another woman who was able to leave her life as sex worker behind. The identity of the two sex workers was not revealed in the programme and the Tribunal could not find that the two sex workers were identified in the programme. Under these cicumstances no violation of the dignity and privacy of the two sex workers could be found and the complaint was not...
Complaint against a Cutting Edge programme which dealt with residents of Khayelithsa who dumped human waste at various venues to protest poor service delivery and the portable toilet system currently in use by the City of Cape Town. Complaint that the programme misrepresented the provision of sanitation services in Cape Town by unbalanced reporting, that it misled viewers and caused substantial reputational harm to the City of Cape Town. Complainant also avers that services provided by the City of Cape Town were not compared with other municipalities in...
Presenter’s comments incited xenophobia and amounted to hate speech. The Trauma Centre vs Heart 104.9FM CLICK TO VIEW FULL ADJUDICATION
An unjustifiable connection with Islam was made during two news bulletins. This was held to be unfair in terms of the BCCSA news clause 11(1). A Fine of R10 000 was imposed for each of the two contraventions of the Broadcasting Code.
However, the Tribunal rejected the claim that the broadcasts amounted to evidence of Islamophobia on the part of the SABC.
It must be stated at the outset that this Tribunal does not lightly come to the conclusion that a broadcaster appears to be following a certain trend, such as...
In several broadcasts, the Respondent broadcaster disclosed the identity of a raped child. It appeared that the broadcasts were made with the intention of furthering a campaign against rape.
Such broadcasts were, however, in conflict with the Broadcasting Code. Only an adult may grant permission that his or her identity be disclosed under such circumstances. A parent is not permitted to do so on behalf of or in the interests of a child, even if such a child has passed away. Such a disclosure is, in any case, not permitted by...
Song including religious reference not amounting to hate speech based on religion.
The appeal against the adjudicator’s decision is not upheld. JOL Ref - Singh vs LotusFM  JOL 30065 (BCCSA) CLICK TO VIEW FULL JUDGMENT
Broadcast which included a fundamental error as to Christian religion found to have contravened clause 12(2) of the Broadcasting Code.
The Tribunal stated the following:In the normal course, this clause has not been applied to errors in so far as religion is concerned. However, there is no reason why certain matters pertaining to religion cannot amount to matters of public importance. So as to ensure that freedom of religious expression or freedom of expression generally is not unduly limited, a narrow meaning is attached to the words “public importance”. The...
Copyright and Applicability Of Original Sources