Complaint that the contents of a song by a local band are unsuitable for children, promotes illegal use of drugs, abuse of alcohol and promiscuity. [2014] JOL 32660 (BCCSA) CLICK TO VIEW FULL ADJUDICATION
Complaints were received arguing that profane language used by a radio anchor during a broadcast at 06:20 on 9 June 2014 was unacceptable and in conflict with the Broadcasting Code. The Tribunal held that although the words used were in severely questionable taste, they did not amount to hate speech, which requires advocacy and incitement. [...]
A complaint was received about the Harley Carnes US Report, which is broadcast most weekdays with Kieno Kammies on Cape Talk. The Complainant argued that the report was one-sided in the sense that it provided a “Republican” view of the administration of President Obama. He referred to four broadcasts. Held: Clause 11, the news clause, [...]
Complainant argued that a short commentary by a visiting researcher from the Ukraine on the elections in Crimea was one-sided and ill-informed. The Tribunal held that the Complainant’s assertion regarding the researcher’s claim that the European Union’s electoral commission had not been allowed to monitor the elections, was incorrect. It was, however, as stated by [...]
IN RE 2010 COMPLAINT BY HUMAN RIGHTS COMMISSION AGAINST M-NET TO PROCURE REDRESS BY THE BCCSA IN FAVOUR OF PROF LOTZ. IN RE 2014 FINDINGS AND RECOMMENDATIONS BY HUMAN RIGHTS COMMISSION ON THE SAME MATTER. REASONS FOR DECLINING COMPLAINTS SUBMITTED TO BCCSA BY PROF LOTZ PERSONALLY AND THE HUMAN RIGHTS COMMISSION IN 2010. CLICK TO [...]
Application for condonation of late filing of application for leave to appeal. Complainant entitled to certainty as to judgment of BCCSA. Strict compliance required, except where special circumstances are shown. Misunderstanding of the Rules not in itself a ground for condonation. Justice in favour of protection of minority. [2014] JOL 32187 (BCCSA) CLICK TO VIEW [...]
The complaint was that a presenter had promoted the use of dagga. It was held that what he said amounted to cynical jest. The words did not amount to the promotion of crime within the definition of “incitement” to a crime as held by the Appellate Division of the Supreme Court. Promotion” has been held [...]
The broadcasting of a news clip about the graphic murder description of a Lonmin mine security guard without prior warning of the content of the clip to sensitive viewers as per clause 11(8) of the BCCSA Code of Conduct. Complaint upheld. [2015] JOL 32815 (BCCSA) CLICK TO VIEW FULL JUDGMENT
Complaints were received from listeners that remarks by the presenter of a current affairs show encouraged xenophobia and could, accordingly, amount to hate speech. The presenter made derogatory remarks about a Nigerian artist called Davido who failed to turn up for an interview on the programme. The presenter's remarks included some derisive comments about Nigerian [...]
The Registrar received a complaint concerning a news broadcast by the respondent broadcaster in which it was reported, on the news and current affairs programme, that the complainant had been dismissed by the North West Province Office of the Premier following a disciplinary hearing that found him guilty of 7 [cases] charges of misconduct. The [...]