Robust interview of station anchor, Mr John Robbie, with Minister of Health, Dr Manto Tshabalala-
Msimang on whether HIV causes Aids. Minister declining to answer by a “yes” or “no” and saying that Mr Robbie should read what she had written on the subject. Mr Robbie remaining adamant that she should answer and concluding that this was “bizarre”. Mr Robbie ending telephonic interview by placing the receiver down in ear of minister. Thereafter delivering comment.
Broadcasting Complaints Tribunal holding that, in the absence of a complaint by the Minister, complaints from members of the public against the Respondent were entertainable, since the matter was within the public interest domaine. Although there had been an apology by the Owners of the Respondent and an apology was also later on broadcast by Mr Robbie, there was no evidence of a settlement between the Complainants and the Respondent and the Minister had merely acknowledged the apology in a statement.
Held that although the independence of broadcasters, as represented by Mr Robbie, was of particular importance and in fact commendable, it was necessary for an interviewer to always remain neutral and objective during an interview. It was accordingly noted with appreciation that the Owners as well as Mr Robbie had apologized.
Held further, that since the complaints raised the legal issue whether the Minister’s dignity had been infringed upon unreasonably by the discourteous approach of the Anchor and no evidence of the Minister’s reaction as to this aspect was before the Tribunal, the Minister not having filed a complaint, it was impossible to come to a finding as to the question whether her dignity had been infringed upon and if so, whether such infringement had been unreasonable in law.
Held lastly, that discourtesy or even rudeness as such of an interviewer does not amount to a contravention of the Code, even if such conduct were to be regarded as unprofessional. The BCCSA Code does not lay down rules as to what journalists should do professionally. Only if the conduct on air amounts to a contravention of the Broadcasting Code, does the matter concern this Tribunal. Such conduct would e.g have to amount to biased comment on an issue of public importance, or the broadcast of erroneous news, or to the use of indecent language or hate speech or other speech which is likely to harm relations between sections of the community. The interviewer did not contravene one of these provisions of the Code.
Observation: Had the Minister requested an opportunity to answer the comments which were made by the interviewer after he had placed the receiver down and had the Respondent denied her this opportunity, the Code would probably have been contravened. No such request to respond was, however, received, and accordingly this provision of the Code is not in issue.
Complaints not upheld.