In a news bulletin broadcast by the Respondent, it was stated that companies were not allowed to work in that area where prohibition notices had been served by the Department of Labour. The Complainant Company was specifically mentioned as one on which such a notice had been served. The Complainant interpreted the words of the report as meaning that its business had been closed down. This, according to the Complainant, had caused concern amongst its clients and creditors. Complainant demanded that a correction be broadcast, but the Respondent refused. Duty on broadcaster to verify correctness of report and to rectify a broadcast should it subsequently appear that it was incorrect in a material respect.
The BCCSA held that:
There was no need to verify the correctness of the report as it was received from the source of origin, namely the Department itself.
The Department itself subsequently confirmed the correctness of the report. The report was thus not incorrect in a material respect and there was therefore no duty on the Respondent to rectify the broadcast.
The complaints were dismissed.
CLICK TO VIEW FULL JUDGMENT Case-No-20-2003