The Tribunal held that a part of a song in Afrikaans broadcast between 05:30 and 05:45 was in questionable taste, but not impermissible to be broadcast at that time of the morning, in spite of the likely presence of some children in the audience. The Code requires broadcasters not to broadcast material that is harmful [...]

Complaint concerning the use on radio of the expression “Dear Bitch” by 5FM’s breakfast show, presenter, Gareth Cliff. The incident took place on 6 June 2012 at approximately 07h55 when the presenter addressed a previous female caller as “Dear Bitch…” in an attempt to get her to call the station back. The Complainant alleged that [...]

The Registrar and Chairperson of the BCCSA were under the impression that the Complainant was, indeed, complaining about a contravention of the Code and, accordingly, the matter was referred to a Tribunal. The Complainant’s further correspondence, which the Registrar only received after a Tribunal had heard the matter, however, made it clear that the Complainant [...]

Upsetting and offensive remark about epilepsy resulting in alleged impairment of dignity. [2012] JOL 28941 (BCCSA) CLICK TO VIEW FULL ADJUDICATION 

Song including religious reference not amounting to hate speech based on religion. The appeal against the adjudicator’s decision is not upheld. [2013] JOL 30065 (BCCSA)   CLICK TO VIEW FULL JUDGMENT 

Two radio stations had misrepresented facts relating to a Press Ombudsman decision. Mr Rampedi, a journalist of the relevant newspaper, was severely criticised on the basis of a misunderstanding of the Press Ombudsman’s decision. On his insistence, he was given an opportunity to rectify the misinformation on air later that day. He indicated to the [...]

This is an appeal against the adjudication of a Commissioner which she found that the broadcast of the programme complained about by the appellant did not contravene the Broadcasting Code. On appeal the Tribunal held as follows, dismissing the appeal:  In balancing the relevant rights weight must be given to the right of Mr Mc [...]

Rescission – application to rescind a previous decision not granted – decision taken by Chairperson who is authorised by the Rules to rule on an application to extend a time period in the Rules. Fact that the application was directed to the Deputy Chairperson irrelevant in law. [2011] JOL 27571 (BCCSA) CLICK TO VIEW FULL [...]

The first complaint read as follows: “On the morning of 8th September during the airing of the Gareth Cliff Show Mr. Cliff had occasion to interview a young woman about her humanitarian activities. It transpired that this young woman now 27 years old had started her humanitarian programme as a 22 year old. During the course [...]

This case deals with a complaint about a broadcast relating to the Secondary School Improvement Programme (SSIP) of the Gauteng Department of Education.  The Broadcaster interviewed the secretary of a SADTU branch who averred that SSIP was a waste of money and should be scrapped.  Before the broadcast the Complainant was given the opportunity to [...]