CASE NUMBER: 21/2006 – PHIRI VS IGAGASI 99.5 FM – PRIVACY

The Registrar received a complaint from a Mrs Phiri who complained that her privacy had been invaded upon by a prank call from the respondent broadcaster, which falls under the jurisdiction of the BCCSA. The prank call in the present matter amounted to an extremely serious invasion of the privacy of the complainant. It unjustifiably caused her serious concern about her child. The accusations made against her by the presenter were also beyond what one may regard as “fun”. In fact, it was shocking in the extreme to cause such distress for the complainant. The fact that the complainant called for the closing down of the broadcaster, is indicative of her shock. The broadcaster indicated through its legal representative that all prank calls would, in future, not be broadcast live and that it apologized profusely to the complainant. The Tribunal was also informed that the presenter involved was not that experienced and was reprimanded for the error in judgment. The Tribunal was of the view that the invasion of privacy was so serious in this case, that it justified a fine of R10 000.