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JACARANDA 94.2FM UNDER FIRE FOR DEFAMATION

Posted by radio On November - 13 - 2012

CASE NUMBER: 50/2012

DATE OF HEARING: 11 OCTOBER 2012

JUDGMENT RELEASE DATE: 07 NOVEMBER 2012

GREEFF COMPLAINANT

vs

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).

SUMMARY

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

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