The Complaint was that MNET, in a Carte Blanche programme on the evening of 23 February, failed to provide the Complainants, Mr Diamond in particular, with a right of reply on some of the crucial matters, thereby allowing the formation of opinion based upon incorrect facts. The Broadcaster responded that the Complainants had followed a “shotgun” approach and had upgraded minutiae to substantial facts. Further, that although a few errors were made, the errors were peripheral and were, in any case, essentially corrected within the broad context of the programme. Moreover, since Mr Diamond is a public figure, his actions are open to scrutiny.
The Tribunal held that, judged as a whole, the broadcast succeeded in unjustifiably portraying Mr Diamond as a person whose integrity is questionable. This result was in the main achieved by omitting to broadcast material made available to it and was likely to have cast a different perspective on the entire matter.
The Respondent Broadcaster was found to have contravened the Broadcasting Code in several instances in its Carte Blanche programme of 23 February 2014. It was directed to broadcast what was regarded by the Tribunal to be the essence of the finding.