Application for condonation for late filing of application for leave to appeal. Complainant and Respondent entitled to certainty as to judgment of BCCSA. Strict compliance required except where special circumstances are shown. Misunderstanding or ignorance of the Rules not in itself a ground for condonation. Judgments of the BCCSA do not attain validity on publication, [...]
Guideline to broadcasters: The footage, which includes the audio soundtrack, probably amounts to child pornography, which in terms of the Films and Publications Act 1996 may not be possessed or distributed. Distribution would include distribution of the footage in its entirety, as well as the visuals and/or the audio soundtrack individually, by way of the electronic [...]
The Broadcasting Tribunal held that the facts available to the Respondent radio stations did not justify their implicating the complainant in a murder on the meager facts available to it. This amounted to a contravention of the rules pertaining to News and defamation. A passage in judgment reads as follows: “In the result we hold [...]
The complainants argued that reference to persons who have undergone a sex change operation as “it’ was demeaning and unacceptable. The Tribunal accepted this argument but held that the word used did not, in the circumstances, amount to hate speech based on gender. The elements of advocacy and incitement were absent. Although the broadcaster correctly [...]
The Registrar received two complaints from two Listeners: one against the 702’s EWN and the other against 94.7 Highveld Stereo about the same news item, with a clip of a scream in agony played during their News. An Adjudicator of the Commission held that the material complained of did not amount to a contravention of [...]
Complaint about the broadcasting of a song called “Russian Roulette” by the artist Rihanna. The Complainant is concerned about the effect that the song might have on young and impressionable minds. The Complainant failed to submit the date and time on which she heard the song. She obtained a schedule of broadcasting from the Respondent [...]
A complaint was received that by using the word “Porra”, the presenters of the “Rude awakening” had a go at the Portuguese community. They alleged that the use of the word was offensive and uncalled for. It appeared that in Brazilian Portuguese “Porra” is used as an expletive. It can also mean “semen”. The Tribunal [...]
A broadcast by the Respondent included a satirical sketch by a stand- up comedian with an audience. The sketch included jokes which included the term “coolie”. The Tribunal held that the word “coolie”, given its historical apartheid context, amounted to a serious invasion of dignity by way of hate speech based on race and that [...]
Complaint about alleged indirect hate speech by use of the word moffie in a song, allegedly causing uncomfortable questions from children and allegedly perpetuating discrimination against homosexual people. Complainant concerned that resultant negative attitudes regarding non-heterosexual lifestyle may lead to homophobic behaviour, such as homophobic jokes, physical attacks, discrimination in the workplace and media representation. [...]
Complaint that joke with sexual innuendo (pun about “huwelik”) that was broadcast on “The rude awakening” show at about 08:10 on a weekday morning during school term was offensive and a contravention of the Broadcasting Code. The Tribunal found that at that time of a weekday morning large numbers of children are not part of [...]