CASE NO: 18/2013 – ODENDAAL & DE JONGH VS JACARANDAFM 94.2 – UNLAWFUL CONDUCT

Complaints were received regarding a joke concerning a “midget” being bathed in a wash basin; these remarks were made by a presenter  during a morning show on Jacaranda 94.2. The Tribunal held: that the joke did not amount to the promotion of unlawful conduct since it did not imply that the the bathing would take [...]

By |2017-01-27T11:46:56+02:00May 22nd, 2015|JacarandaFM 94.2|Comments Off on CASE NO: 18/2013 – ODENDAAL & DE JONGH VS JACARANDAFM 94.2 – UNLAWFUL CONDUCT

CASE NO: 02/2012 – BEWEGING VIR CHRISTELIK VOLKSEIE ONDERWYS (BCVO) AND GELDENHUYS VS JACARANDA 94.2 FM –

Complaints were received with regard to a  remark which a presenter on Jacaranda 94.2 radio made after the news on the morning of 4 January 2012, when  the 95% matric pass rate for private schools that fall under the Beweging vir Christelik-Volkseie Onderwys (BCVO) was conveyed. The complainants, acting on behalf of the children at [...]

By |2017-01-27T11:47:07+02:00April 9th, 2015|JacarandaFM 94.2|Comments Off on CASE NO: 02/2012 – BEWEGING VIR CHRISTELIK VOLKSEIE ONDERWYS (BCVO) AND GELDENHUYS VS JACARANDA 94.2 FM –

CASE NO: 03/2012 – KOEKEMOER – VS JACARANDA 94.2 FM – UNLAWFUL CONDUCT

The mere expression of the view that aged people in a hospital should have the freedom of choice to use an illegal drug such as crack does not amount to incitement in law. The opinion is, accordingly, not forbidden. When a presenter expresses a view such as this on radio, he is acting within the [...]

By |2017-01-27T11:47:07+02:00April 9th, 2015|JacarandaFM 94.2|Comments Off on CASE NO: 03/2012 – KOEKEMOER – VS JACARANDA 94.2 FM – UNLAWFUL CONDUCT

CASE NO: 04/2012 – OBERHOLZER, LIEBENBERG, HENNING, LABUSCHANGE AND LOUW VS JACARANDA 94.2 FM – COMMENT

Complaints were received about a comment that was made by Rian van Heerden during the breakfast show. The comments concerned the death of a student after apparently having drowned in a swimming pool during a hostel event.  Complainants argued, inter alia, that the presenter had accused senior students of murder and that his comment was [...]

By |2017-01-27T11:47:08+02:00April 9th, 2015|JacarandaFM 94.2|Comments Off on CASE NO: 04/2012 – OBERHOLZER, LIEBENBERG, HENNING, LABUSCHANGE AND LOUW VS JACARANDA 94.2 FM – COMMENT

CASE NO: 05/2012 – NEW HOPE SCHOOL, PACSEN, NATIONAL YOUTH DEVELOPMENT TRUST AND OTHERS – DIGNITY

A false observation concerning learners at New Hope School in Pretoria was made. A presenter referred to a caller who had criticised him for playing a song from which obscene words had been bleeped out, as “brain dead”, and then added that he should book himself into the New Hope School. The New Hope School [...]

By |2017-01-27T11:47:08+02:00April 9th, 2015|JacarandaFM 94.2|Comments Off on CASE NO: 05/2012 – NEW HOPE SCHOOL, PACSEN, NATIONAL YOUTH DEVELOPMENT TRUST AND OTHERS – DIGNITY

CASE NO: 50/2012 – GREEFF VS JACARANDA 94.2 FM – DEFAMATION

The Tribunal held that remarks which were made by a radio presenter implied that the complainant is a person not to be trusted in the light of his having killed a dog. The radio presenter’s remarks were based on a report in a newspaper. The report made it clear that the complainant’s defence would be [...]

By |2017-01-27T11:47:18+02:00April 1st, 2015|JacarandaFM 94.2|Comments Off on CASE NO: 50/2012 – GREEFF VS JACARANDA 94.2 FM – DEFAMATION

CASE NO: 57/2012 – JACARANDA 94.2 FM VS GREEFF – APPLICATION FOR CONDONATION

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. Such circumstances not present. CLICK TO VIEW FULL JUDGMENT

By |2017-01-27T11:47:20+02:00April 1st, 2015|JacarandaFM 94.2|Comments Off on CASE NO: 57/2012 – JACARANDA 94.2 FM VS GREEFF – APPLICATION FOR CONDONATION

CASE NO: 25/2012 – W BOTHA AND HOËRSKOOL ALBERTON VS JACARANDA 94.2 FM – DEFAMATION

The complaint before the Tribunal was that a presenter from the respondent had, during a broadcast, referred to an Alberton School rugby team as “gomgatte”, which amounts to calling them “country bumpkins” or loutish. The Tribunal held: That the accusation was directed at a schoolboy who had head-butted an opponent during a rugby game and [...]

By |2017-01-27T11:47:21+02:00April 1st, 2015|JacarandaFM 94.2|Comments Off on CASE NO: 25/2012 – W BOTHA AND HOËRSKOOL ALBERTON VS JACARANDA 94.2 FM – DEFAMATION

CASE NUMBER: 04/2008 – BELL VS – JACARANDA 94.2 FM – HATE SPEECH

Complaint about use of offensive and discriminatory words, such as “perversion” and “abnormal” describing homosexuality in radio programme where a “medium” (Michaela) advises the public on their life situations. Programme alleged to affront complainant’s dignity, to contain unfair comment and alleged hate speech.  It was broadcast on 31 October 2007 between 20h00 and 21h00 on [...]

By |2017-01-27T11:47:50+02:00February 18th, 2015|JacarandaFM 94.2|Comments Off on CASE NUMBER: 04/2008 – BELL VS – JACARANDA 94.2 FM – HATE SPEECH
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