A complaint was lodged against the Broadcasters eNCA and etv for broadcasting an interview with a certain Mr David Icke, also known as a conspiracy theorist, whose view is that the Covid-19 pandemic is a hoax and that “there is no virus.” At issue here is the limitation of freedom of expression. The Tribunal found that comments made during the interview were not justifiable nor reasonable because the misinformation spread by the interviewee could cause harm to the people of South Africa. The Tribunal found a contravention of Clause 28.2.2 of the Subscription Broadcasting Code and Clause 13 of the Free-to-Air Broadcasting Code respectively and the complaint was upheld. The Tribunal found that the interview did not constitute a discussion of controversial issues of public importance and therefore Clause 28.3.1 and Clause 13(1) of the Codes, respectively, were not applicable and thus not contravened. Clause 13 of the Subscription Broadcasting Code pertaining to material unsuitable for children was not contravened because the broadcast on eNCA, although broadcast at 20:30, was after the watershed. Finally, the BCCSA has no jurisdiction to order the removal of a programme from a website of the Broadcaster.
