Criteria for a complaint

Criteria for a complaint

POPI ACT – CONSENT – SEE RULE 8 OF THE BCCSA’S PROCEDURE

Before lodging a complaint, note the following:

  • You must reside in the Republic of South Africa; if not, you may lodge your complaint directly with the broadcaster. A bona fide complaint includes the complainant’s full name, full address (not just an email address) and contact numbers. See the Procedure for privacy Information.
  • Ensure that the broadcaster is a member of the NAB and has signed the BCCSA Code. A list of signatories is provided on the website
  • The complaint must be lodged within thirty calendar days after the impugned programme was broadcast or content made available online. The Registrar has a discretion to accept late complaints if reasonable grounds for the late submission are advanced.
  • The BCCSA does not accept complaints about advertisements; social media; Showmax, Netflix content; Box Office; DSTV Subscriptions issues or your SABC TV licence.
  • If the complaint does not relate to the content of a broadcast programme the Registrar cannot accept it.

Required information when lodging a complaint

  • The complaint must be in writing and must reach the Registrar within 30 days of the broadcast date of the programme or the first date on which the online content was made available for delivery to end users.
  • Radio and Television programme complaints: The complainant must confirm that he/she has personally watched or listened to the impugned programme must provide the name of the programme, the channel on which it was broadcast, the name of the Broadcaster, as well as the date and time of the broadcast.
  • Online content complaints: The complainant must confirm that he/she has personally watched or listened to the impugned online content and must provide the link to the impugned content including the date when the content was first made available for delivery to end users the name of the programme, the episode number if part of a series and the name of the broadcaster,
  • In addition to the above information the complainant must give an indication which clause of the Code had in his or her view been contravened, describe the impugned comment/content and provide reasons why, he or she is of the view that the Code might have been contravened.
  • Anonymous complaints are not accepted (see procedural Rule 1.5.1).
  • Petitions and orchestrated complaints are not accepted.
  • Fraudulent, frivolous, malicious or vexatious complaints are not entertained.

Complaints concerning the possible infringement of a third party’s dignity or privacy are only accepted if the person in question complains. It is not possible to complain on behalf of a third person that his or her dignity or privacy had been infringed.

Procedure followed upon receipt of complaint

  • The Registrar, informed by the Code, will evaluate the complaint upon receipt thereof to determine whether, on the face of it, the Code has been contravened.
  • The complaint will be accepted when it complies with the formal requirements set out above and if, in the Registrar’s view, the facts alleged point to a possible contravention of the Code.
  • If the complaint is not accepted, the Registrar informs the complainant accordingly and provides an explanation as to why the complaint has not been accepted.
  • If the complaint is accepted, the Registrar forwards it to the broadcaster (respondent) who is then required to provide a copy of the programme to the Registrar, accompanied by its response to the complaint.
  • The respondent’s comment is then forwarded to the complainant for a reply. If the complainant is satisfied with the response, the matter is closed.
  • If the complainant does not accept the response, the matter is referred to a Commissioner for an adjudication or to the tribunal for a hearing at the Chairperson’s discretion.
  • All findings, whether by an adjudicator or a tribunal, are forwarded to the complainant and the respondent.
  • The respondent is obliged to give effect to the finding and, if a sanction is imposed, must report to the Registrar on its compliance with the sanction.
  • If the tribunal /adjudicator finds against a broadcaster, both parties will be given an opportunity to make submissions in mitigation of any sanction that may be imposed in terms of the Constitution of the BCCSA.
  • Any of the parties may apply for leave to appeal against the finding of an adjudicator or the Tribunal to the Chairperson, who will grant leave to appeal if he or she is of the opinion that the appeal tribunal will come to a different conclusion. If the application for leave to appeal is upheld a non-refundable security fee will be payable by the party applying for leave to appeal

The Tribunal’s judgments are published on the BCCSA’s website.

Terminology

  • Adjudication – The complaint is evaluated by a Commissioner after having watched or listened to the impugned programme and considered both the complainant’s and the respondent’s submissions.
  • Advisories – Advisories serve to inform parents about the content of programmes in order to assist them in determining appropriate viewing for their children.
  • The following advisories are used: parental guidance (PG) age restriction (10, 13, 16 or 18 years); Warnings as prescribed by the different Codes as to content are indicated by means of symbols: nudity (N), sex (S), violence (V), coarse language (L), sexual violence (SV), drug and substance abuse (DS) and horror (H).
  • Such information must be displayed onscreen before the programme concerned commences and must be on -screen for 90 seconds and after each advertisement break and must also be published in the electronic programming guide (EPG). Broadcasters use the classifications issued by the Film and Publication Board (FPB) as a guideline.
  • Balance – When controversial issues of public importance are discussed, the codes require that the broadcaster should make a reasonable effort to present opposing points of view. Issues should be presented in a balanced way, allowing the audience to make up its own mind.
  • Code of Conduct –Complaints are judged in terms of one of three codes for Free-to-Air Broadcasters, Subscription Broadcasting Service Licensees and Online Content Services depending on who the broadcaster is.
  • Tribunal – A tribunal comprises either 3 or 5 Commissioners who, after having viewed or listened to the programme complained about, hear submissions and arguments delivered by the complainant and the broadcaster (or either of the parties’ legal representatives) and then decide (as a panel) whether the Code has been contravened. The panel’s decision is captured in a written judgment by the chairperson of the BCCSA or the tribunal chairperson, which is forwarded to all parties and published on the website.
  • Watershed – The watershed rule permits the broadcast of adult material during times when children are unlikely to form part of the audience. Different time periods apply to free-to-air broadcasters (21h00 to 05h00) and subscription broadcasters (20h00 to 05h00).

Where to send complaints

Broadcasting Complaints Commission of South Africa
PO Box 412365, CRAIGHALL, 2024
e-mail address: bccsa@nabsa.co.za

For further information please contact us on
(011) 326 3130 or
International +27 (11) 326 3130