In several broadcasts, Motsweding FM 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. A parent is not permitted to do so on behalf of or in the interests of a child, even if such a child has passed away. Such a disclosure is, in any case, not permitted by the Criminal Procedure Act, unless the presiding Judge or Magistrate has granted permission.
The Tribunal held that, although the disclosure of the identity amounted to a bona fide mistake and the broadcasts were apparently made in the public interest, the disclosure of the identity of the victim amounted to a serious contravention of the Code. A fine of R10 000 was imposed.
For the full judgement, visit http://www.bccsa.co.za