DATE OF HEARING: 11 OCTOBER 2012
JUDGMENT RELEASE DATE: 07 NOVEMBER 2012
JACARANDA 94.2 FM RESPONDENT
TRIBUNAL: PROF JCW VAN ROOYEN SC (CHAIRPERSON)
PROF V BRONSTEIN
MS G HARPER
ADV R SEWLAL
MR E LININGTON (CO-OPTED)
Complainant: The Complainant in person.
For the Respondent: Mr JD Crawford, Legal Representative accompanied by Mr
Neil Johnson: Jacaranda Programme Manager.
Defamation – remarks on radio unjustifiably creating a suspicion that a person has criminal tendencies – held to be defamatory. Greeff vs Jacaranda 94.2 FM, Case No: 50/2012(BCTSA).
The Tribunal held that remarks which were made by a radio presenter implied that the complainant is a person not to be trusted in the light of his having killed a dog. The radio presenter’s remarks were based on a report in a newspaper. The report made it clear that the complainant’s defence would be that he had acted in defence of his dogs. The Tribunal held that the remarks amounted to defamation and upheld the complaint. A fine of R25000 was imposed on the respondent radio station in the light of the seriousness of the implications of what was broadcast.
To view the full judgement follow this link: http://www.bccsa.co.za/images/hearings/JUDGEMENTS2012/PDF/JACARANDAFM/case%20no%20-%2050-2012.pdf