Complaint that the Democratic Alliance was not afforded the opportunity to fairly present its opposing point of view to that of the president of the ANC in a programme in which controversial issues of public importance were discussed. The DA was invited onto a subsequent programme to present its views in a telephonic interview. The Complainants contended that this broadcast was qualitatively and quantitatively inferior to that of the ANC president’s address, that it was not in the same series as the original broadcast, was not done within a reasonable time and not in substantially the same time slot as required by Clause 13(1) of the Free-to-Air Code and Clause 28.3.1 of the Subscription Broadcasting Code respectively. The complaints by the two complainants were treated as one because the complaints were substantially the same. The Tribunal found that the broadcast of the DA’s view within some 10 (night) hours after the original broadcast was in the same news series and was done within a reasonable time. There is no obligation on a broadcaster to afford the same airtime to opposing viewpoints. This is part of the editorial freedom of a broadcaster. The Tribunal condoned the non-compliance of the Broadcaster with regard to the same time slot requirement. No contravention of the Codes was found, and the complaints were not upheld.
