The SABC's investigative journalism programme Special Assignment has been fined R80 000 for accusing a Cape Town University professor of sexual molestation of children.
The two-part programme, aired on SABC3 on June 3 and July 3, 2008, claimed that Professor Graham Fitch had engaged in acts of sexual molestation of children.
Fitch filed a complaint with the Broadcasting Complaints Commission (BCCSA) that the programmes had defamed him.
The SA Broadcasting Corporation responded by arguing that a reasonable viewer would judge the matter within context as mere allegations and that, given the tardiness of the police investigation - in their view - the broadcasts were in the public interest.
The BCCSA ruled, however, that the programmes were not in the public interest and that the producers were not reasonable in producing them.
"Held that the reasonable viewer would regard the programmes as being defamatory of Professor Fitch. The programmes did not meet the standards which are required to establish the truth," the BCCSA said.
"In the absence of convincing truthful evidence the legitimate public interest defence does not even come into play."
The BCCSA said the alternative defence relating to defamation was that of reasonableness. But it did not apply in this case.
"The concern of the producers is an understandable one. Although the rights of children are stated to be paramount in section 28 of the Constitution of the Republic, the Constitutional Court has held that any inquiry into constitutional rights must commence with all the competing rights at the same level.
"The producers gathered information from, in particular, two children, and also attempted to have an interview with Professor Fitch."
Yet the producers were well-informed by a participant about the right to be presumed innocent, it said.
The BCCSA said at the end of the second programme, viewers were invited to sms the SABC on whether they thought the programme had amounted to a "trial by the media".
"The programmes were, indeed, unfair trials by the media. Despite the attempts of the producers to build up a case against Professor Fitch, the programmes lack what is fundamental to the notion of fairness: cross-examination of the two star witnesses and evidence from Prof Fitch," said the BCCSA.
"The fact that the latter refused to proceed with an interview, into which he was, as he stated, 'entrapped', cannot be held against Professor Fitch."
The BCCSA said Fitch had been given no opportunity to prepare for the interview and had no idea of what he was to be confronted with. - Sapa