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CASE NO: 30/2014 – NZIMANDE VS SABC – SAFM – DEFAMATION

On Sunday 10 August 2014 on the SABC SAFM programme, 'Media at SAFM' a caller by the name of 'Sig from Randburg' called into this programme between 9h00 and 9h30. Amongst other things he referred on air to the Cabinet (the Executive Arm of the State) as an "entirely corrupt Cabinet". The presenter did not [...]

By | 2017-01-27T11:46:34+00:00 December 20th, 2015|SABC Radio|Comments Off on CASE NO: 30/2014 – NZIMANDE VS SABC – SAFM – DEFAMATION

CASE NO: 31/2014 – MAREE VS MULTICHOICE- KYKNET – DEROGATORY LANGUAGE

A film, that was broadcast by the Respondent on its Channel 144 (KYKNET), made in 1970, included racially derogatory words. A complaint was lodged in regard to the words.  The Tribunal held that the words were integral to the drama and did not amount to hate speech. In fact, the words were necessary to demonstrate [...]

By | 2017-01-27T11:46:34+00:00 December 20th, 2015|Multichoice|Comments Off on CASE NO: 31/2014 – MAREE VS MULTICHOICE- KYKNET – DEROGATORY LANGUAGE

CASE NO: 32/2014 – HANEKOM VS SABC1 – HATE SPEECH

The question which arose in this appeal was whether the Adjudicator was justified, within the ambit of the Broadcasting Code, in finding that words uttered by a sport commentator did not amount to hate speech. The Tribunal found that the finding by the adjudicator that there had not been a contravention of the Code was [...]

By | 2017-01-27T11:46:35+00:00 December 18th, 2015|SABC 1|Comments Off on CASE NO: 32/2014 – HANEKOM VS SABC1 – HATE SPEECH

CASE NO: 33/2014 – SCHWARTZ VS SABC3 – PUBLIC IMPORTANCE

Complaints that biased and incorrect views were broadcast by the Respondent in regard to the Israel-Gaza conflict were not upheld on the ground that a contrary view by the Israeli Ambassador and a representative from the Jewish Board of Deputies was also broadcast. In any case, where foreign matters are broadcast, the higher level of [...]

By | 2017-01-27T11:46:35+00:00 December 18th, 2015|SABC 3|Comments Off on CASE NO: 33/2014 – SCHWARTZ VS SABC3 – PUBLIC IMPORTANCE

CASE NO: 34/2014 – CLEAN HEAT ENERGY SAVING SOLUTIONS (PTY) LTD VS M-NET – APPLICATION FOR CONDONATION

Application for condonation for late filing of complaint – insufficient reasons for filing complaint more than three months beyond due date. Application dismissed. [2014] JOL 32627 (BCCSA) CLICK TO VIEW FULL JUDGMENT 

By | 2015-12-18T19:58:16+00:00 December 18th, 2015|M-Net|Comments Off on CASE NO: 34/2014 – CLEAN HEAT ENERGY SAVING SOLUTIONS (PTY) LTD VS M-NET – APPLICATION FOR CONDONATION

CASE NO: 35/2014 – Ex Parte MULTICHOICE (KykNet) – In Re Reinhardt’s Place and Pretorius v Multichoice (KykNet) case number 15/2014(BCCSA)

Application for condonation of late filing of application for leave to appeal.  Ex Parte Multichoice (KykNet). CLICK TO VIEW FULL JUDGMENT

By | 2015-12-18T19:50:10+00:00 December 18th, 2015|Multichoice|Comments Off on CASE NO: 35/2014 – Ex Parte MULTICHOICE (KykNet) – In Re Reinhardt’s Place and Pretorius v Multichoice (KykNet) case number 15/2014(BCCSA)

CASE NO: 36/2014 – WHITTAKER AND VREY VS 702 – PROFANITY IN NEWS REPORT

In a news item reporting on a road rage incident, a profanity was uttered. The issue was whether the exclusion of other words which were probably indecent amounted to a distortion of the news.  Held That the profanity, within the context, amounted to meaningless abuse in a report on road rage, and that it did [...]

By | 2017-01-27T11:46:35+00:00 December 18th, 2015|702|Comments Off on CASE NO: 36/2014 – WHITTAKER AND VREY VS 702 – PROFANITY IN NEWS REPORT

CASE NO: 37/2014 – BULKIN VS 702 – COMMENT

A complaint was received about a statement made by Mr John Robbie of Radio 702, regarding the Stern Gang being responsible for Ethnic Cleansing of Palestinians in 1948.  The complainant averred that Mr Robbie presented the matter as a fact, whereas his research indicated this to be untrue.  The Tribunal held that it is clear [...]

By | 2017-01-27T11:46:35+00:00 December 18th, 2015|702|Comments Off on CASE NO: 37/2014 – BULKIN VS 702 – COMMENT

CASE NO: 38/2014 – HAMID VS CHAIFM – HATE SPEECH

Three items, each a separate broadcast by a community broadcaster serving the Jewish community in South Africa, were complained about. In one case, balance was provided; in another, an aspect of a commentary was found to contain elements of hate speech but judged to not amount to a contravention of the Code, when judged as [...]

By | 2017-01-27T11:46:36+00:00 December 18th, 2015|101.9 CHAIFM|Comments Off on CASE NO: 38/2014 – HAMID VS CHAIFM – HATE SPEECH

CASE NO: 39/2014 – MULTICHOICE CHANNEL 161 VS MPHUTHI – APPEAL – WATERSHED

The appeal was upheld on the grounds that Multichoice did not violate any of the clauses cited in the previous BCCSA adjudication decision because a parent advisory was provided and properly flighted with appropriate age restriction for the sexual innuendos and the lyrics of the offending closing song. [2014] JOL 32622 (BCCSA) CLICK TO VIEW [...]

By | 2017-01-27T11:46:36+00:00 December 18th, 2015|Multichoice|Comments Off on CASE NO: 39/2014 – MULTICHOICE CHANNEL 161 VS MPHUTHI – APPEAL – WATERSHED