CASE NUMBER: 10/2005 – SMITH VS SABC RADIO – SAFM – CONTROVERSIAL ISSUES OF PUBLIC IMPORTANCE

During the programme “After eight debate” reference was made by the Presidential spokesman to a racist statement attributed to the Complainant.  Complainant is a well-known journalist and human rights activist.  Complaint that presenter of programme, who was a former colleague of the Complainant, failed to intervene when Complainant’s good name and reputation were seriously impaired during a discussion of controversial issues of public importance.  Presenter knew or should have known that Complainant was not the author of racist statement attributed to her.  Such injury to her reputation was so serious that opportunity to put her side of the case in another programme the following day was not sufficient to remedy the situation.  The Tribunal found a contravention of clause 36 of the Code and ordered Respondent to broadcast a correction.  The complaint was upheld.