CASE NUMBER: 16/2004 – HIGH COMMISSIONER OF THE FEDERAL REPUBLIC OF NIGERIA & PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA VS 94/7 HIGHVELD STEREO – DIGNITY

Two presenters of the Respondent made disparaging remarks about the President of the Federal Republic of Nigeria as having brought cocaine into the country on his visit to attend the inauguration of President Thabo Mbeki. Such remarks, judged in context, found not to satisfy the strict requirements of hate speech. However, held that the remarks amounted to comment which was not based on facts truly stated or fairly indicated and referred to. Broadcast of such untruthful material found to amount to a serious contravention of Clause 35 of the Broadcasting Code. Respondent directed to apologize again in two newscasts for this serious contravention of the Code. The Complaints of the President of the RSA and the Nigerian High Commissioner were, accordingly, upheld by the Commission. The Commission directed Highveld Stereo to broadcast the decision of the Commission on two of its newscasts and also repeat its apology to the President of Nigeria. Had Highveld Stereo not taken internal and external steps to rectify and apologise for the error, a substantial fine would have been imposed.