CASE NO: 53/2012 – MARCON VS M-NET – WATERSHED

A film that should have been broadcast after the watershed was, as a result of a scheduler’s negligence, broadcast during the morning. Although the Tribunal agreed that the mistake was not deliberate, M-Net, a subscription broadcaster under the BCCSA jurisdiction, must be held responsible for the negligence of the scheduler involved. The issue that was discussed at the hearing was whether there were sufficient extenuating circumstances, which might simply necessitate a reprimand. While the Tribunal appreciated the extent of the organisational work that has to be undertaken by M-Net in regard to the large number of channels under its control, the fact remained that M-Net is held vicariously responsible for mistakes made by its schedulers. A mitigating circumstance is the instructions that were issued, expressly stating that the film should be broadcast after the watershed, and the subsequent internal disciplinary steps that were taken as a result of the error. The maximum fine of R60 000 would, accordingly, not be commensurate with the broadcaster’s omission to abide by the Code. However, since the error was likely to have been harmful to a large number of children who were likely to have been part of the audience at that time of the day, a fine of R20 000 was imposed.