CASE NUMBER: 47/2006 – MXIT LIFESTYLE (PTY) LTD) VS ELECTRONIC MEDIA NETWORK – BALANCE

The complainant lodged a complaint with the Registrar that the respondent television broadcaster, in its magazine programme, Carte Blanche, had created the impression that it made it possible in its cell phone infrastructure service to young people to send pornographic pictures to each other. After the Registrar decided to entertain the complaint, the Chair referred the matter to a Tribunal to adjudicate. The Tribunal held that, given the constitutional imperatives involved in regard to reporting by the media on matters of public concern, it has no doubt that M-Net was entitled to cover the activities of MXit and that it should be given the appropriate level of “breathing space” in connection with the broadcast of the insert as a whole, and the role played by MXit in particular.  The insert is clearly structured in a manner that separates MXit from the abuses referred to; in any event, the thrust of the insert makes it plain that MXit provides infrastructural services only and cannot be held responsible for the consequences of cell phone abuse. There is no evidence that Carte Blanche‘s commentary was not based on true or identified facts. Similarly, there is no reason to believe that its comments were not made in good faith and honestly. It did not impute in any manner that MXit was acting illegally or was involved in the distribution of pornography or indecent materials. There is similarly no reason to disbelieve managing director Heunis’ explanation of MXit’s terms of use and his reaction to the possible abuse of cell phone technology as included in the insert. The mere fact that abuses are also included in the insert in no manner implicates MXit. The complaint was dismissed.