Comment – on the State’s role in providing nevirapine to pregnant mothers so as to prevent transfer of AIDS to their babies – whether such debate on Tim Modise show was balanced – further question as to whether sedition is not being committed by “rebelling” against government policy. BCCSA holding that unless it can be shown that in the case of a phone-in show persons were denied access unreasonably and intentionally as a result of their countering point of view, a contravention of the Broadcasting Code will only follow where the host acts as if no such other point of view exists; as to sedition, that sedition is a common law crime and that the necessary elements for such a crime were absent. Freedom of speech of cardinal importance. Guidelines as to other interviews stated.
CASE NO: 12/2002 – DAVID ALLEN ASSOCIATES VS SABC RADIO – 5FM – COMMENT
[20026] JOL 17633 (BCTSA)