The beheading of a hostage by terrorists in Iraq once again drew worldwide shock and rejection. e-tv news service broadcast footage of the scene of the recent beheading during its news at 22:00. The footage showed the fact that the hostage was about to be beheaded but an obvious cut was made of the detail. A loud cry was audible to viewers just before the deceased lost consciousness.
In Monitoring and Complaints Unit (MCU of ICASA) & Others v SABC case 39/2004, we recently dealt extensively with the applicable test in regard to the same beheading. In the present case the respondent made a judicious cut and, accordingly, the scene is substantially different from the scene broadcast in the former case, where we found against the broadcaster. We are of the view that the e-tv insert was not gratuitous and, accordingly, not in contravention of clause 14 of the Code. e-tv remained within its right to impart very necessary information to the public, although the mere fact of the beheading must have been offensive to many viewers. The right to impart information includes the right to offend, according to the Constitutional Court, provided the presentation is reasonable. In the circumstances the insert, as excised, remained within what was reasonable.