The issue before the Appeal Tribunal was whether an order by a Tribunal of the Commission 
directing the Appellant broadcaster to broadcast a correction was justified. The Appeal Tribunal came to the conclusion that since the Respondent did not avail itself of the opportunity granted to it by the Appellant to reply on air, it also lost its right to have a correction broadcast. The correction on air which this Appeal Tribunal would have ordered would have contained nothing more than that, at the stage of the broadcast, the matter was being investigated or would be investigated by Netcare 911 and that e-tv omitted to broadcast this. Netcare 911 did not show that at the time of the news item, it would have been in a position to deny that one of its employees had been responsible for the error. The sanction directing the appellant to broadcast a correction is, accordingly, set aside. The said sanction is substituted by a reprimand for not having obtained the view of Netcare 911 before the news item was broadcast.
