CASE NUMBER: 33/2009 – HEART 104.9FM VS GOODHOPE FM (SABC) – DIGNITY

This complaint comprises a stunt by the Respondent’s presenter of a breakfast show to attract more listeners to his programme.  In the broadcast reference was made to a placard being shown on a street corner in Cape Town on which it is stated that “104.9 to move to 96.2”, the intention being to send the message across that the complainant station is about to disappear.  Although the name of Heart FM (the complainant station) was not mentioned in the broadcast, by referring to the street corner by name where the placard was being waved, there was a clear intention to convey the message through the broadcast that the complainant broadcaster was being targeted. The broadcast was in the nature of comment on a matter of public interest. The broadcast was clearly not an honest expression of opinion. The Tribunal found a contravention of clause 35 of the Code and imposed a fine of R 15 000.  The complaint was upheld.