CASE NOT: 49/2012 – J VS HEART 104.9 FM – PRIVACY AND DIGNITY

A complaint was received by the Complainant that her privacy, dignity and reputation had been impaired by the Broadcaster during a Morning Show when a discussion was broadcast about pre-nuptial contracts.  During the show a co-presenter in an emotional outburst quoted the divorce of her only brother as an example why she is in favour of pre-nuptial contracts.  During the discussion personal information about the Complainant was disclosed regarding her divorce.  Although her name was not mentioned, the presenter described her as the ex-wife of her brother.  Evidence before the Tribunal is that the presenter is a popular person with a large Facebook following.  The Tribunal found that the  Complainant was sufficiently identified because some of her friends, family and colleagues phoned her after the broadcast to tell her that personal inforrmation regarding her divorce had just been disclosed in the broadcast. The Tribunal found that the dignity and reputation of the Complainant had been impaired by being portrayed by the presenter as someone who came into the marriage with nothing, but relieved her husband of everything at the divorce.  The fact that the topic of discussion (pre-nuptial contracts) was of public interest, did not override the rights of the Complainant. The Tribunal found a contravention of clause 15(1) of the Code.  The complaint was upheld and a fine of R 5 000 imposed.