“On 23 May 2013 Special Assignment broadcast a programme under the name “Praise the Drug Lord”, which alleged that certain pastors use their positions to hide their involvement in drugs or money laundering.
The Broadcasting Complaints Commission of South Africa (BCCSA) has found SABC3 Special Assignment guilty of defamation and directed the programme to broadcast a correcting statement and a summary of the findings of the BCCSA Tribunal before the end of October 2013. Case No: 31/2013 (BCCSA).
The Broadcasting Complaints Commission of South Africa (BCCSA) has upheld a complaint brought before it by the Universal Church of the Kingdom of God in South Africa (UCKG/the Church), against the SABC3's Special Assignment, ruling that the programme “Praise the Drug Lord” which was broadcast on 23 May 2013 defamed the Church and that the content of the broadcast relating to the Church was in breach of the Broadcasting Code of Conduct. The BCCSA Tribunal sanctioned the SABC, ordering Special Assignment to broadcast a correcting statement.
The BCCSA directed Special Assignment to broadcast the following statement during the first five minutes of a programme to be broadcast before the end of October 2013:
“On 23 May 2013 Special Assignment broadcast a programme under the name “Praise the Drug Lord”, which alleged that certain pastors use their positions to hide their involvement in drugs or money laundering.
As part of that programme, certain visuals of the Universal Church of the Kingdom of God in South Africa were included as background.
The Broadcasting Complaints Commission of South Africa has found that, by showing visuals of its premises, the programme imputed that there was a link between certain serious crimes and the Universal Church of the Kingdom of God of South Africa.
The BCCSA held that the imputation was defamatory of the Church and that the SABC3 had been in breach of the Code of Conduct for Free-To-Air Broadcasters.
The Tribunal also found that the imputation of a link between criminal behaviour alleged and the Church, was not borne out by the facts.
SABC3 made it clear to the Commission that it did not intend to imply in any way that the Universal Church of the Kingdom of God was involved in drug dealing or any other crime and that it had not intended to create that impression with viewers.
The BCCSA accepted this explanation. However, it also held that SABC3 should have taken steps to avoid a situation where viewers could reasonably have come to such a conclusion.”
The leadership of the Universal Church of the Kingdom of God welcomes this judgement as an important victory. The judgement confirms that the broadcast of the programme defamed the Church and infringed on the Church's good name and dignity. The use of visuals of the Church's buildings and logo in the programme implied complicity by the Church and/or its pastors in crime and as stated by the BCCSA ruling: “There is no evidence that the Church is, or has ever been, involved in crime, and the producers should therefore have excluded the visuals.”
The BCCSA Tribunal judgement stated:
“In the result it is found that the Church was defamed. The defamation was not intentional. However, negligence suffices for a finding of defamation in so far as the media is concerned. In essence, the producers should have done more to ensure that material which they included in the programme was, indeed, related to crime or alleged crime. They have not been able to show that this was the case in regard to the complainant. In fact, no attempt was made at the hearing to do so. The argument was simply that there was no intention to involve the complainant. As indicated, however, absence of intention is not a defence.”
The date for the broadcast of the corrective statement has not been advised, but Special Assignment has been instructed to give at least two working days' notice both to the BCCSA and to the attorneys of the Church.
UCKG wins defamation case against SABC3's Special Assignment
“On 23 May 2013 Special Assignment broadcast a programme under the name “Praise the Drug Lord”, which alleged that certain pastors use their positions to hide their involvement in drugs or money laundering.
The Broadcasting Complaints Commission of South Africa (BCCSA) has found SABC3 Special Assignment guilty of defamation and directed the programme to broadcast a correcting statement and a summary of the findings of the BCCSA Tribunal before the end of October 2013. Case No: 31/2013 (BCCSA).
The Broadcasting Complaints Commission of South Africa (BCCSA) has upheld a complaint brought before it by the Universal Church of the Kingdom of God in South Africa (UCKG/the Church), against the SABC3's Special Assignment, ruling that the programme “Praise the Drug Lord” which was broadcast on 23 May 2013 defamed the Church and that the content of the broadcast relating to the Church was in breach of the Broadcasting Code of Conduct. The BCCSA Tribunal sanctioned the SABC, ordering Special Assignment to broadcast a correcting statement.
The BCCSA directed Special Assignment to broadcast the following statement during the first five minutes of a programme to be broadcast before the end of October 2013:
“On 23 May 2013 Special Assignment broadcast a programme under the name “Praise the Drug Lord”, which alleged that certain pastors use their positions to hide their involvement in drugs or money laundering.
As part of that programme, certain visuals of the Universal Church of the Kingdom of God in South Africa were included as background.
The Broadcasting Complaints Commission of South Africa has found that, by showing visuals of its premises, the programme imputed that there was a link between certain serious crimes and the Universal Church of the Kingdom of God of South Africa.
The BCCSA held that the imputation was defamatory of the Church and that the SABC3 had been in breach of the Code of Conduct for Free-To-Air Broadcasters.
The Tribunal also found that the imputation of a link between criminal behaviour alleged and the Church, was not borne out by the facts.
SABC3 made it clear to the Commission that it did not intend to imply in any way that the Universal Church of the Kingdom of God was involved in drug dealing or any other crime and that it had not intended to create that impression with viewers.
The BCCSA accepted this explanation. However, it also held that SABC3 should have taken steps to avoid a situation where viewers could reasonably have come to such a conclusion.”
The leadership of the Universal Church of the Kingdom of God welcomes this judgement as an important victory. The judgement confirms that the broadcast of the programme defamed the Church and infringed on the Church's good name and dignity. The use of visuals of the Church's buildings and logo in the programme implied complicity by the Church and/or its pastors in crime and as stated by the BCCSA ruling: “There is no evidence that the Church is, or has ever been, involved in crime, and the producers should therefore have excluded the visuals.”
The BCCSA Tribunal judgement stated:
“In the result it is found that the Church was defamed. The defamation was not intentional. However, negligence suffices for a finding of defamation in so far as the media is concerned. In essence, the producers should have done more to ensure that material which they included in the programme was, indeed, related to crime or alleged crime. They have not been able to show that this was the case in regard to the complainant. In fact, no attempt was made at the hearing to do so. The argument was simply that there was no intention to involve the complainant. As indicated, however, absence of intention is not a defence.”
The date for the broadcast of the corrective statement has not been advised, but Special Assignment has been instructed to give at least two working days' notice both to the BCCSA and to the attorneys of the Church.
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