The eNCA’s Appeal is upheld on the grounds that the Tribunal of first instance clearly erred in giving a wider application of Clause 28.3 to govern the opinion of an interviewee in an eNCA Special Report. The decision and sanction of the Tribunal are overturned. It follows that the Respondent’s Cross Appeal in respect [...]
A complaint was lodged against a broadcast of the programme Carte Blanche in which corruption and mismanagement in the Local Municipality of Madibeng were allegedly exposed. The complaint was initially about four instances of contravention of the Code of Conduct, though one complaint was withdrawn before the hearing. In the three remaining instances the complaints [...]
Application for leave to appeal on grounds, inter alia, that the Tribunal did not make a finding in terms of Clauses 28(1) and (2) and that Clause 28(3) does not apply to the broadcast of a news feature. Both the Applicant and the Respondent are applying for leave to appeal. The Chairperson found that an [...]
A news feature was broadcast on the eNCA channel on taxi violence in Northern KwaZulu-Natal. Various people were interviewed: representatives of taxi associations, commuters, a spokesperson for the MEC for Safety, a representative for Santago and also an unnamed independent researcher. The last mentioned person put the blame for the violence squarely on the private [...]
A Tribunal held that the opinion expressed by a radio presenter, that the Applicant’s sexual assistance to his son amounts to “incest”, was not in contravention of the Broadcasting Code. It was an opinion expressed in a debate on the subject initiated by the Applicant. The latter has now applied to the Chairman for leave [...]
A complaint was lodged based on the fact that a person who had hi-jacked an aeroplane and was known as an extremist was permitted to take part in a broadcast and that there had also not been sufficient criticism of her acts in the programme as broadcast. Held: that the mere choice of such a [...]
During a programme the Complainant called in to promote his idea of sexuality and persons who suffer from cerebral palsy. After having explained his view and approach to the matter, the presenter, Dr Eve, answered that she regarded what he did as incestuous. The Complainant argued that this amounted to an impairment of his dignity [...]
The Independent Communications Authority of South Africa (“ICASA”) in April 2013 permitted the Respondent, ODM (trading as STARSAT), to broadcast what is generally referred to as pornographic content on three channels during the watershed period for subscription broadcasters. Subscribers may gain entry to this service by entering pin numbers. On 11 August 2014, an application [...]
A film contained a scene where a young lady, in a dream, saw Jesus coming off the Cross and making sexual suggestions to her. Scene saved by the fact that it did not amount to hate speech based on religion. Complaint not upheld. [2015] JOL 33178 (BCCSA) CLICK TO VIEW FULL JUDGMENT [...]
Following a complaint that the 18h30 SABC3 TV English news bulletin did not include excerpts of that day’s reply by the leader of the Parliamentary Opposition in regard to the State of the Nation address of the President, the Tribunal held as follows: The SABC decides on the contents of its own news bulletins. That accords [...]