The Tribunal of the Commission held recently that a broadcast in which the identity of a 
deceased child, who had been raped, was disclosed with the permission of her parents, was in conflict with the Broadcasting Code. The SABC applied for leave to appeal the judgment to the Appeal Tribunal of the Commission.
Held: Ultimately, the Broadcasting Code does not provide for anyone else to grant permission for the identification of a rape victim than the victim her or himself. A minor does not have the legal capacity to grant such consent and, accordingly, such permission will not be valid. The parents or guardian of a minor is also not authorized to grant such permission. Where a minor has passed away the rule, to my mind, remains the same. Therefore I believe that the decision of the first tribunal was correct. However, in the interests of justice, I believe that an Appeal Tribunal should also consider this matter.