Complainant took part in a special service in Nigeria at the church of faith healer TB Joshua. The
SABC production team for its current affairs programme “Special Assignment” included him in their broadcast and although his name was not disclosed, his status as HIV Positive was disclosed. The issue before the Tribunal was whether his complaint was justified that his privacy had been invaded.
BCCSA holding that the Complainant had clearly been aware of the presence and activity of the production team and that he should have informed them that he did not wish to be included in the programme. He did convey his concern to the tour leader but the tour leader did not convey this concern to the production team. In the circumstances the Tribunal held that the complainant should have informed the SABC of his concern. He had been in a public place and had been aware of the presence of cameras and should have taken steps to inform the SABC of his concern. In fact, he should have done so after the first screening of the programme in 2001. Of course, he did not know that the programme would be re-broadcast, but on the other hand the absence of a complaint brought the SABC under the reasonable impression that the programme was acceptable to all concerned.
Complaint not upheld.