The Registrar of the BCCSA received a complaint from a Mr Kaler in regard to the M-Net programme, Carte Blanche, which was broadcast on the 25th January 2009. Mr Kaler’s complaint In the result the Tribunal came to the conclusion that M-Net had not contravened the Code. It is true that the insert emphasised the human suffering in Gaza. However, the reasonable viewer would have realised that the main cause of the suffering lay in the attacks which Gaza had launched, and was launching continuously, by way of missiles into Israel. Yet that same viewer would be confronted with the legitimate question as to whether civilian suffering – on whatever side – is ever justified. The complaint was not upheld. CLICK TO VIEW FULL JUDGMENT case-no-08-2009
against M-Net relates to an insert entitled “Gaza” The insert discussed the military operation known as “Operation Cast Lead” that was conducted by Israel in the Gaza strip from 27 December 2008 to 20 January 2009. His complaint is, in the main, that Israel was not afforded sufficient opportunity to answer the allegations against it and to put its case, and that the programme was biased against Israel. The Tribunal held that the insert summarised the causes of the conflict in a fair and balanced manner and did not attempt to place the blame for the conflict solely on either one of the warring parties. Although Mr Kaler himself was not satisfied that the insert presented a balanced view, the Tribunal has stated on a previous occasion that “
CASE NUMBER: 08/2009 – KALER VS M-NET – BALANCE
[b]alance and fairness are difficult aims to meet” and, in the event of there being any doubt, has held that it would give the broadcaster the benefit of the doubt. This accords with the approach of the Constitutional Court that freedom of speech must be afforded a generous interpretation and be fully invoked at the outset when testing the facts.