CASE NUMBER: 07/2006 – DE VOS VS TALK RADIO 702 – BALANCE

A Tribunal dismissed a complaint lodged by the Appellant. The complaint concerned a call-in programme in which references were made to alternative  treatment ( by eating lemons and garlic) for people living with AIDS. An appeal was allowed by the Chairperson of the Tribunal and the appeal was heard in Cape where the appellant lives. After considering the appellant’s grounds of appeal, the Town, Appeal Tribunal held that the conclusion reached by the first Tribunal was not “clearly wrong” in terms of the Broadcasting Code. In fact, the Tribunal went further and stated that it believes that the conclusion reached was correct and in accordance with the Broadcasting Code. Problematic issues may not be ignored by a broadcaster simply because a few listeners might not understand the contents of a  programme within a particular context. Even those who might not have understood the progamme within its broader context would know that AIDS cannot be treated without proper advice and that one should not simply go along with the view of one person in a radio broadcast. The Tribunal holds that it is highly unlikely that listeners will simply jump to new conclusions upon hearing the view of one person regarding the use of lemons and garlic as a “cure” for AIDS. The programme must be judged as a whole and with due consideration being given to subsequent related programmes. The Appeal Tribunal cannot fault the conclusions reached by the first Tribunal.