Case Number: 13/2008 – GUDLHUZA VS YFM – DIGNITY

In this case we deal with a complaint by Cassandra Gudlhuza who describes herself as a social journalist of the Sunday Times.  In her weekly column she wrote some derogatory remarks about “Chilli M” of Yfm.  The next day the said “Chilli M” in his “Essential Rush Show” reacted to this and broadcast some insulting remarks about the complainant.  She now complains that her dignity has been impaired by the broadcast. When listening to the broadcast it transpired that the complainant phoned in to “Chilli M’s” programme and discussed the whole matter in a lighthearted way.  Thereafter she lodged the complaint.  Her lighthearted demeanour during the phone-in was in stark contrast with her allegations in her written complaint of anger and her safety being threatened.  The Tribunal also found that she herself lifted the level of tolerance of the listeners as to how far they would accept insults being broadcast over the air regarding the complainant.  This resulted in a finding that there had been no contravention of clause 38 of the Broadcasting Code as far as her dignity was concerned. It was found that the complainant had started with the insults in her medium of communication and that the broadcaster had merely responded to this by using his medium of communication. The Tribunal found that the broadcaster had not overstepped the line and the complaint was therefore not upheld.