CASE NO: 54/2012 – EGGERS VS M-NET – WATERSHED

M-Net conceded in its response and also during argument before the Tribunal that an error had been made and that the Code for Subscription Broadcasters had been contravened. The argument before the Tribunal dealt with circumstances which could be regarded as mitigating in so far as sanction is concerned. The Tribunal agreed that such mitigating circumstances do exist, and also expressed its appreciation of procedures put in place by M-Net to ensure compliance with the Code. Internal steps were also taken in regard to the scheduler who had made the mistake.  M-Net is, however, held vicariously responsible for any errors that its schedulers may make. Since children were involved and their protection is of special importance within the sphere in which the Broadcasting Codes operate, it was necessary for the BCCSA to demonstrate its displeasure at the contravention by imposing a fine. At the core of the contravention lay the gross negligence of the employee. For this the broadcaster must take responsibility. Given the internal measures taken by senior staff, the maximum fine of R60 000 was not regarded as appropriate in the circumstances. A fine of R20 000 would be more fitting, and such a fine would also accord with the Tribunal’s duty towards children in the circumstances.