Respondent broadcast a comment by one of its presenters that in Islam a man could divorce his wife by simply repeating a phrase. Complainant, stating that this is not the case. Since representatives of the Complainant had been afforded an interview to counter what had been said, Respondent was incorrectly under the impression that the matter had been settled. The tape is, accordingly, no longer available. This omission was, in the BCCSA’s view, understandable. It was, accordingly, not possible to decide the issue concerning offensiveness.
The further point was a legal one: could the BCCSA order a broadcaster to consult with e.g. a religious body so as to determine what its religious rules are? The BCCSA is not authorized to order such compliance. The furthest it can go is to subject a broadcaster to a suspended fine, which would be activated by further similar non-compliance. Certain clauses of Code also place duty on broadcaster to verify.