The Registrar received a complaint against Radio 702 from the The Citizen newspaper that John 
Robbie, one of the radio station’s presenters, had made an unfair comment about one of its news items. The newspaper should, it was argued, have been given a right to reply by the radio station.
The Tribunal was in no doubt that the comment made by the host entitled The Citizen to a right to reply. The comment amounted to serious criticism against a newspaper in stating unequivocally that one of its headlines was misleading.
Although a broadcaster’s offer to reply does not always remedy a contravention, the radio station had in fact taken swift action in offering the Complainant an opportunity to reply on air. The Complainant should have accepted this offer. The procedural rules provide that where an offer is made by a broadcaster to address a complaint, in this case with a swift offer of an opportunity to reply, the Registrar may withdraw her acceptance of the complaint. In the present case the Registrar did not do so. However, this does not mean that a complainant should not consider accepting the offer in any case, thereby remedying the breach. Such an opportunity was provided as soon as the radio station became aware of the complaint. The likelihood is that if The Citizen had replied on air, this reply would have addressed its complaint. Had The Citizen not been satisfied with the opportunity thus granted, it could then have pursued its complaint.
The fact that the opportunity was not accepted has, however, created a gap in the evidence before the Tribunal.
The Tribunal stated that not all offers of a right to reply would have this effect, however, in the circumstances, it would have been reasonable for The Citizen to have accepted the swift offer.
The Complaint was, accordingly, not upheld.
A note of caution was, however, added by the Tribunal:
Although regular listeners to the John Robbie Show have become accustomed to his provocative comments on the news of the day, the Radio Station should exercise diligence in attempting to reach a person subjected to serious criticism during the same programme. Of course, as frequently occurs, the presenter should also, in serious cases, add the comment that a full picture can only be achieved where the person criticised is also heard. This approach will promote the search for truth, which listeners are constitutionally entitled to hear.
CLICK TO VIEW FULL JUDGMENT Case-No-39-2012