Broadcaster conveying during news insert that well-known spokesperson of the President’s office 
had, “according to ANC sources, …died of an Aids related disease.” Issue whether the privacy of the spokesperson had not been invaded upon unjustifiably in this manner: “Issue whether the privacy of the spokesperson had not unjustifiably in this matter.”
BCCSA Tribunal holding that although many would find such an observation to be in questionable taste, the public life and participation in the Aids debate by the deceased, during his life time, even as spokesperson, justified the Broadcaster in broadcasting ( or “to broadcast”) this statement. Broadcaster being willing to confirm under oath that ANC sources conveyed the news item to it. Editorial staff also having discussed the matter with due care before broadcast.
BCCSA also holding that, in any case, the right to privacy or dignity of a deceased person was not protected by the Common law, Constitution or Broadcasting Code.
BCCSA also taking note of growing sense in the community that greater openness in regard to AIDS could contribute to the campaign against AIDS.
Complaint not upheld.