Complaints about promotional material during a programme with popular appeal between 18:00 
and 19:00 were received. That the material complained about amounted to a contravention of the Subscription Code was conceded by the Respondent. A managerial oversight was to blame for the error and immediate steps were taken to rectify it.
The Tribunal agreed with the Complainants that the material was indeed shocking.
Held that the protection of children is fundamental to the Constitution of the Republic of South Africa (1996). Both the Broadcasting Code for Free-to-air Broadcasters and the Broadcasting Code for Subscription Broadcasters accentuate the protection of children in so far as harmful or distressing material is concerned.
Held, accordingly, that despite extenuating circumstances and immediate rectification, it would be appropriate to demonstrate the importance of the protection of children by imposing a fine of R10 000.