CASE NO: 40/2011 – C PHAHLANE obo GAUTENG DEPARTMENT OF EDUCATION VS SABC RADIO – SAFM – NEWS

This case deals with a complaint about a broadcast relating to the Secondary School Improvement Programme (SSIP) of the Gauteng Department of Education.  The Broadcaster interviewed the secretary of a SADTU branch who averred that SSIP was a waste of money and should be scrapped.  Before the broadcast the Complainant was given the opportunity to respond but the Complainant refused for not wanting to give credit to the secretary and because it wanted to wait until after the national conference of SADTU. After the broadcast, a complaint was lodged, based on the broadcast being consistently biased and factually incorrect.  The Tribunal found that there was no contravention of clause 11 (“News”) in that the broadcast was factually truthful; no contravention of clause 12 (“Comment”) in that the broadcast was clearly comment and was made on facts truly stated; and no contravention of clause 13 (“Controversial Issues of Public Importance”) in that the opportunity to state the Department’s point of view during the broadcast was not utilised.  No evidence of bias could be found.  Complaint not upheld.