CASE NUMBER: 49/2004 – JORDAAN VS SABC RADIO -5FM – UNFAIR TREATMENT OF THE DISABLED

The Registrar received a complaint concerning a comical rendition of the well known actor, Kirk Douglas. The Broadcasting Code protects the privacy of persons. Privacy is, most certainly, an important fundamental right. We have not received a complaint from Mr  Douglas’ agents in South Africa and, accordingly, would not know what his personal reaction to this kind of rendition would be. A decision in terms of the Broadcasting Code will also not protect the SABC against an action for damages by Mr Douglas based on iniuria or an infringement of the right to his image, which would include the right not to be impersonated. Of course, when a person is as famous as Mr Douglas, his rights will be protected to a lesser degree as a result of his high profile. We, accordingly, leave the matter of a private action of Mr Douglas open. If Mr Douglas’ agents do file a complaint based on the privacy clause in regard to future impersonations, we will look at the matter de novo.  However, the Tribunal does not believe that the impersonation amounts to an unfair attack against the disabled as a class. Clause 35 of the Code has, accordingly, not been contravened.