Sanctions of the BCCSA

Powers of an Adjudicator or a Tribunal

Following any investigation of an alleged infringement of the Code of Conduct by a Broadcaster, a Commissioner acting as an Adjudicator or a Tribunal as the case may be may:

• dismiss the complaint;
• reprimand any respondent adjudged to have been guilty of an infringement of the Code;
• direct that a correction and/or a summary of the findings of a Tribunal be broadcast by the respondent in such manner as may be determined by the Tribunal;
• direct that the respondent broadcast a concise response by the complainant to the allegations found to be in breach of the Code in such manner as may be determined by the Adjudicator or the Tribunal;
• impose a fine not exceeding R100,000 on any respondent adjudged to have infringed the Code of Conduct, whereupon the fine so imposed shall be a debt due to the BCCSA and recoverable as such. The maximum amount of the fine may be increased by resolution taken at an AGM or SGM;
• in its reasons for its findings, record criticism of the conduct of the complainant in relation to the complaint, where such criticism is in its view warranted;
• make any supplementary or ancillary orders or directions that it may consider necessary for carrying into effect orders or directives made in terms of this clause and, more particularly, give directives as to the broadcasting of its findings.
• direct that a correction and/or a summary of the findings of a Tribunal be broadcast by the respondent in such manner as may be determined by the Adjudicator of the Tribunal;