CASE NUMBER: 06/2009 – CITY OF TSHWANE VS ELECTRONIC MEDIA NETWORK LIMITED – DIGNITY AND BALANCE

 On 5 October 2008 Carte Blanche, in its usual investigative programme, had inserts wherein they disclosed many incidents of fraud, corruption, nepotism and other illegalities occurring in the Tshwane Metropolitan Municipality.  As a result Tshwane Metropolitan Municipality lodged 25 complaints against the broadcaster, which they later stated to be based on clauses 35 and 36 of the Broadcasting Code of Conduct.  As to clause 36, the Respondent submitted evidence that they tried from 11 September 2008 to the date of the broadcast, 5 October 2008, to secure television interviews with the executive Mayor and the City Manager.  They also submitted 35 written questions to the Mayor and the City Manager, upon which they intended to base their interview.  The only positive response they received was an e-mail on the Saturday evening before the Sunday broadcast, containing bare denials of 2 of the allegations implicit in certain questions, and no more than a general denial of the accuracy of allegations implicit in the written questions sent to the mayor and the city manager. The Tribunal found that the Respondent made all reasonable efforts to present opposing points of view and that no violation of clause 36 could be found.  As to clause 35, the right to comment on controversial issues of public importance is part of the media’s right to freedom of expression, the only qualification being that such comment shall be an honest expression of opinion and presented in such manner that it appears clearly to be comment, and shall be made on facts truly stated or fairly indicated and referred to.  The Respondent submitted almost 400 pages of evidence to substantiate their allegations and to prove that their comments were made honestly.  The Complainant, despite this evidence and despite the fact that it could produce no evidence to counteract the allegations in many of its complaints, continued to persist with its complaints before the Tribunal.  The Tribunal, after considering all the evidence, could find no contravention of clause 35, and dismissed all 25 complaints.