CASE NO: 21/2013 – MOKGORO VS SABC – MOTSWEDING FM – IDENTITY OF RAPE VICTIM

In several broadcasts, the Respondent broadcaster disclosed the identity of a raped child. It appeared that the broadcasts were made with the intention of furthering a campaign against rape. Such broadcasts were, however, in conflict with the Broadcasting Code. Only an adult may grant permission that his or her identity be disclosed under such circumstances. [...]

By | 2017-01-27T11:46:57+00:00 May 22nd, 2015|SABC Radio|Comments Off on CASE NO: 21/2013 – MOKGORO VS SABC – MOTSWEDING FM – IDENTITY OF RAPE VICTIM

CASE NO: 22/2013 – LORGAT VS SABC – SAFM – RIGHT TO REPLY

Tribunal holding: that the “public importance” (public interest) requirement in clauses 12 and 13 of the Free-to-Air Broadcasting Code is, in the main, directed at debates on   South African issues; that a Complainant only has locus standi in regard to the right to reply in clause 13 of the Code where his complaint is [...]

By | 2017-01-27T11:46:57+00:00 May 21st, 2015|SABC Radio|Comments Off on CASE NO: 22/2013 – LORGAT VS SABC – SAFM – RIGHT TO REPLY

CASE NO: 26/2013 – MCDONALD VS SABC – 5FM – HATE SPEECH

Complaint about a 5 FM Rodger Goode Promo  which made offensive comments about sexual orientation was held not to be hateful in terms of clause 4(2)(c) of the Broadcasting Code. [2013] JOL 30846 (BCCSA) CLICK TO VIEW FULL JUDGMENT 

By | 2015-12-21T17:38:49+00:00 May 21st, 2015|SABC Radio|Comments Off on CASE NO: 26/2013 – MCDONALD VS SABC – 5FM – HATE SPEECH

CASE NO: 27/2013 – LEVY VS SABC – LOTUSFM – BALANCE

Drama that included argument presenting extremely one-sided views on questions concerning the relationship between Israel and Palestine, called for some form of corrective. This amounted to a contravention of clause 13 of the Code. Since the contravention amounted to a bona fide error, no sanction was imposed by the Commission. [2013] JOL 30792 (BCCSA) CLICK [...]

By | 2017-01-27T11:46:58+00:00 May 21st, 2015|SABC Radio|Comments Off on CASE NO: 27/2013 – LEVY VS SABC – LOTUSFM – BALANCE

CASE NO: 28/2013 – SAMNET VS SABC – SAFM – NEWS

An unjustifiable connection with Islam was made during two news bulletins. This was held to be unfair in terms of the BCCSA news clause 11(1). A Fine of R10 000 was imposed for each of the two contraventions of the Broadcasting Code. However, the Tribunal rejected the claim that the broadcasts amounted to evidence of Islamophobia [...]

By | 2015-12-21T17:31:07+00:00 May 21st, 2015|SABC Radio|Comments Off on CASE NO: 28/2013 – SAMNET VS SABC – SAFM – NEWS

CASE NO: 29/2013 – LORGAT VS SABC – SAFM – APPLICATION FOR LEAVE TO APPEAL

An application for leave to appeal was lodged by the Applicant.  The Chairperson held as follows:The Applicant’s case relates to the alleged inner workings of the SABC. There is no reasonable basis upon which an Appeal Tribunal of the BCCSA is likely to come to a different decision (i.e. that the first Tribunal was “clearly [...]

By | 2017-01-27T11:46:59+00:00 May 21st, 2015|SABC Radio|Comments Off on CASE NO: 29/2013 – LORGAT VS SABC – SAFM – APPLICATION FOR LEAVE TO APPEAL

CASE NO: 28/2013 – SAMNET VS SABC – SAFM – NEWS

An unjustifiable connection with Islam was made during two news bulletins. This was held to be unfair in terms of the BCCSA news clause 11(1). A Fine of R10 000 was imposed for each of the two contraventions of the Broadcasting Code. However, the Tribunal rejected the claim that the broadcasts amounted to evidence of Islamophobia [...]

By | 2017-01-27T11:46:59+00:00 May 21st, 2015|SABC Radio|Comments Off on CASE NO: 28/2013 – SAMNET VS SABC – SAFM – NEWS

CASE NO: 30/2013 – THE NORTH WEST DEPARTMENT OF HEALTH THE NORTH WEST DEPARTMENT OF HEALTH VS SABC – MOTSWEDING FM – RIGHT TO REPLY

A complaint was received from the North West Department of Health that a news report by Motsweding FM had unjustifiably claimed that the MEC had lied to the provincial Legislature. At the second hearing of the matter the parties informed the Tribunal that they had reached an agreement in terms of which a representative of [...]

By | 2017-01-27T11:47:00+00:00 May 21st, 2015|SABC Radio|Comments Off on CASE NO: 30/2013 – THE NORTH WEST DEPARTMENT OF HEALTH THE NORTH WEST DEPARTMENT OF HEALTH VS SABC – MOTSWEDING FM – RIGHT TO REPLY

CASE NO: 32/2013 – SABC – MOTSWEDING FM VS MOKGORO – IDENTITY OF RAPE VICTIM – APPLICATION FOR LEAVE TO APPEAL

The Tribunal of the Commission held recently that a broadcast in which the identity of a deceased child, who had been raped, was disclosed with the permission of her parents, was in conflict with the Broadcasting Code. The SABC applied for leave to appeal the judgment to the Appeal Tribunal of the Commission. Held: Ultimately, [...]

By | 2017-01-27T11:47:00+00:00 May 21st, 2015|SABC Radio|Comments Off on CASE NO: 32/2013 – SABC – MOTSWEDING FM VS MOKGORO – IDENTITY OF RAPE VICTIM – APPLICATION FOR LEAVE TO APPEAL