CASE NUMBER: 22/2005 – BRINK VS SABC RADIO – 5FM – PRIVACY

The Registrar of the Commission received a complaint concerning a prank call which was made by a 5 FM presenter to a student. The question arises whether it might not have been invasive of privacy. Of course, listeners knew that the call was a prank call.  In the end this is one of those cases where there is doubt as to whether the Code has been contravened. The Tribunal believes that the contents of the call was in particularly questionable taste. However, since the Tribunal could not unequivocally come to the conclusion that privacy had been invaded upon unreasonably, given the fact that the person called was soon told that it was a  fake call and he did not complain to the BCCSA himself, the complaint is not upheld. Broadcasters are, however, cautioned to tread with particular caution in this area of fake calls. If the person called complains, the Tribunal will regard the matter in a  serious light and possibly come to a different conclusion, depending on the facts. At times such a complaint would not even be necessary, depending on the degree of the invasion. The complaint was not upheld.