On 2 February 2012, the Broadcasting Complaints Commission
(BCCSA) handed down judgment in a series of complaints lodged by a
number of viewers of the e-News and e.tv channels. The complaints
were sparked by the broadcast of footage relating to the attack on
former Libyan leader, Colonel Muammar Gaddafi which led to his
death. The crux of these complaints was that e.tv had violated
clause 3(a) of the BCCSA Code which prohibits the broadcast of
"violence which does not play an integral
role in developing the plot, character or theme of the material as
a whole". The complaint also concerned the lack of
audience advisories with respect to some of the broadcasts and the
headlines.
The respondents argued, amongst other things, that the footage
formed an integral part of the news item; that the photographic
material was already in the public domain; that it was their duty
to inform the public what had happened, and that the broadcast of
the footage was in the public interest. The BCCSA held that the
repeated screening of the gruesome attack on Gaddafi could not be
seen as integral to the news item. In any event, held the BCCSA,
the fact that the images were already in the public domain did not
negate the protection afforded to television viewers. Further, it
was held that no public interest purpose was served by the repeated
screening of the footage as it was not necessary for a better
understanding of the news in relation to Gaddafi's death. The
respondents were ordered to pay fines to the total of R35 000 to
the BCCSA. e-TV has appealed the decision.
With respect to audience advisories, the BCCSA held that there had
been a breach of the Code with respect to the headlines preceding
the news bulletin where the footage was shown without a prior
advisory. This aspect of the decision represents a new development
in the case law of the BCCSA as it means that where violent footage
appears in headlines, there must be audience advisories before the
headlines are shown.
In our view, the BCCSA's reliance on the number of times that
the footage was repeated during the broadcast as part of its
determination of whether the footage was an "integral"
part of the report may not be the correct approach. Firstly, the
question whether the footage is an integral part of the report
should be determined with respect to the content of the footage in
relation to the rest of the report, and not the number of times
that the footage is shown. Secondly, the approach adopted by the
BCCSA fails to take into account editorial discretion with respect
to the number of times that violent footage should be shown during
a broadcast. Thirdly, the ruling results in uncertainty for
broadcasters on this issue as it is unclear how many times violent
footage can be included in a broadcast before it exceeds the
acceptable maximum. The ruling indicates that when it comes to
violent footage, the BCCSA may take a somewhat conservative
approach and broadcasters should accordingly be cautious when
utilising such footage.
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