The complainant was called ‘n “skelm” during a broadcast. He was offered a right of reply but declined. The Code provides for a right to reply in terms of Clause 13.1 and 13.2. As the factual matrix did not fall within the ambit of Clause 13, this Clause is not applicable. The test to determine whether Clause 15.1 of the Free to air Code has been contravened is whether a legitimate public interest justified the infringement of the complainant’s dignity or reputation. As no legitimate public interest justified the broadcaster’s infringement, the broadcaster was found to be in contravention of Clause 15.1.
CLICK TO VIEW FULL JUDGMENT (02) Wells vs Jacaranda FM Judgment