CASE NUMBER: 09/2007 – TORGA OPTICAL VS KAYA FM95.9 – NEWS

A complaint was lodged by Torga Optical that Respondent broadcast a news item that was untrue and defamatory to their business.  The news item concerned the dismissal of an employee of the company because she was overweight.  When the reporter of the Respondent endeavoured to verify the information, he was told that the CEO of the company was away overseas but that an e-mail should be sent to the CEO.  The reporter, instead, contacted a manager of the company who was prepared to talk to the media and she confirmed the facts, whereafter the Respondent broadcast the news.  Although the representative of the company insisted that the manager did not have the authority to speak on behalf of the company, it was found that there is no duty on the media to investigate the authority of a spokesperson that ostensibly has such authority.  It was found that the Respondent did take sufficient steps to verify the truth of the facts before broadcasting the news and that no contravention of clause 34.1 of the Code occurred.  Complaint dismissed.