Presenter of talk show broadcasting contents of e-mail without editing out part containing alleged
inaccuracies and hate speech. Although higher duty on presenter to ensure accuracy in such case than with telephone call, no contravention found, taking nature of talk show into consideration, as far as inaccuracies are concerned. As far as complaint of hate speech against Jewish people is concerned, Tribunal found no incitement of grave feelings of shock and indignation and no statement of inflammatory nature so as to exceed the bounds of tolerance. Also no incitement to cause harm was found. As far as complaint of imbalance is concerned in that broadcaster failed to air opposing view, no contravention of Code found because invitation to put forward his view was rejected by Complainant so as not to give credibility to the offending viewpoint. Broadcaster found to have made reasonable effort to present opposing point of view. Also no contravention of clauses prohibiting promotion of violence and prohibiting the use of offensive language when children are probably a large part of audience. Complaint dismissed.
CASE NUMBER: 22/2003 – POLLAK VS SABC RADIO – SAFM – INACCURACIES
[2003] JOL 11646 (BCTSA)