The eNCA’s Appeal is upheld on the grounds that the Tribunal of first instance clearly erred in giving televisiona wider application of Clause 28.3 to govern the opinion of an interviewee in an eNCA Special Report.  

The decision and sanction of the Tribunal are overturned. It follows that the Respondent’s Cross Appeal in respect of Clause 28.3 having been contravened is also dismissed.  

Furthermore, the Appeal Tribunal found no contravention of Clauses 28.1 and 28.2, as alleged by the Respondent on Cross Appeal. The Cross Appeal in this regard is also dismissed.

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