BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

During the talkback session between 10.00am–12.00 noon on Radio Pacific on

Sunday 8 October 1995, the host (Hon John Banks) pretended to interview the Pope.

Mr Englert complained to Radio Pacific Ltd that the pretend interview was highly

offensive and, by poking fun at the Pope, his religion had been both attacked and

mocked. He said that the broadcast involved a breach of the standard which did not

allow the encouragement of the denigration of a group on account of its religious

beliefs.

Maintaining that the segment was a humorous piece, Radio Pacific said that it was

exempt therefore from the standard cited. It added that the host in his role as a

politician, had apologised to those whom he had unwittingly offended. Dissatisfied

with the broadcaster's reply, Mr Englert referred the complaint to the Broadcasting

Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons below, the Authority declined to uphold the complaint.

Decision

The members of the Authority have listened to a tape of the item complained about

and have read the correspondence (summarised in the Appendix). As is its practice,

the Authority has determined the complaint without a formal hearing.

The talkback host on Radio Pacific on the morning of Sunday 8 October (Hon John

Banks) pretended to interview the Pope. Mr Englert complained, initially informally,

that the broadcast was offensive as it had mocked his beliefs as a Catholic and

ridiculed the Pope. In his formal complaint, Mr Englert referred specifically to the

host's comment that the Pope, with a name like Karol, should be a nun. He also

claimed that the broadcast encouraged the denigration of Catholics on account of their

religious beliefs.

In its response to the informal complaint, Radio Pacific advised that the broadcast had

not intended to offend. However, the host had apologised publicly for any offence

unwittingly caused and, in its letter to Mr Englert, Radio Pacific added its apology.

Radio Pacific assessed the later formal complaint under standard R14 of the Radio

Code of Broadcasting Practice. It requires broadcasters:

R14 To avoid portraying people in a manner that encourages denigration of or

discrimination against any section of the community on account of gender,

race, age, disability, occupation status, sexual orientation or as the

consequence of legitimate expression of religious, cultural or political

beliefs. This requirement is not intended to prevent the broadcast of

material which is:

a factual, or

b the expression of serious opinion, or

c in the legitimate use of humour or satire

As the broadcast was a humorous piece and as the standard provided an exemption for

the legitimate use of humour, Radio Pacific declined to uphold the complaint. It noted

that the talkback host, in his role as a cabinet minister rather than that of a host, had

stated that the broadcast was a mock conversation, which was meant to be harmless

good fun, but had apologised to those who had been offended.

The Authority's task is to investigate whether the broadcast breached the nominated

standard. It considered peripheral the comments about the basis for the apology or

the attitude of others to the broadcast. The broadcast was clearly designed to be

humorous. Because the third exemption to standard R14 provides that the standard

does not apply to the broadcast of material involving the legitimate use of humour, the

Authority was of the opinion that the standard had not been contravened.

Having listened to the broadcast, its style and specific contents, the Authority decided

that the comments were relatively harmless and, in fact, did not encourage the

denigration of or discrimination against Catholicism. Thus, even without the

exemption, the Authority concluded that the broadcast had not breached standard R14

of the Radio Code of Broadcasting Practice.

For the above reasons, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Judith M Potter
Chairperson
14 December 1995

Appendix

Mr Englert's Complaint to Radio Pacific Ltd - received 2 November 1995

Mark Englert of Waikanae was concerned about an item broadcast on Radio Pacific on

Sunday morning 8 October 1995 when the host of the talkback session (Hon John

Banks) pretended to interview the Pope. Mr Englert said that the Pope was subjected

to ridicule which he, as a Catholic, found offensive. By poking fun at the Pope, Mr

Englert said, the broadcast had attacked and mocked his beliefs.

Mr Englert's first letter (of 12 October) was by way of an informal complaint sent to

the Authority. The Authority forwarded it to Radio Pacific Ltd which, in its reply to

Mr Englert dated 17 October, stated that the host had not intended to offend anyone.

However, the host had apologised publicly for any offence unwittingly caused and

Radio Pacific added its apology, observing:

This particular broadcast received a great deal of publicity. It clearly upset some

people although many others found it amusing. We definitely did not set out to

alienate listeners or upset them. That would be totally counter-productive.

As he was dissatisfied with that reply, Mr Englert forwarded it to the Authority in a

letter received on 2 November. In that letter, Mr Englert complained formally that he

considered the broadcast to have breached standard R14 of the Radio Code of

Broadcasting Practice as it had involved the denigration of a religious leader. He

objected particularly to the host's remark that the Pope, with a name like Karol,

should be a nun. Mr Englert enclosed a copy of the letter sent by the host as MP for

Whangarei in which he said:

Thank you so much for your letter which I received today.

Jesus said, "Let us love one another. Let us love those who call themselves our

enemies." These are the most important teachings of Jesus Christ, the founder

of Christianity, who based his philosophy on the fundamental belief that love

should be our motivating force.

I am glad that I have had this opportunity to write to you.

The Authority forwarded the formal complaint to Radio Pacific.

Radio Pacific's Response to the Formal Complaint - 6 November 1995

Radio Pacific began:

Radio Pacific does not agree that the imitation interview between John Banks

and a character portraying himself as the Pope breached the programme standard

R14. From the outset it is quite clear to us that this segment of the programme

was not to be taken seriously. It was a humorous piece and Rule R14 states that

the safeguards are not intended to prevent the broadcast of material which is

humorous or satirical.

Radio Pacific acknowledged that the broadcast complained about had gained

considerable media comment - some supportive and some critical. There was, it

continued, a place for humour on radio and a letter was enclosed from the chairman of

the Auckland Regional Council (Philip Warren) to the Director of Catholic

Communications in Auckland. The letter was critical of the possibility that the

Church might complain formally rather than display a sense of humour.

Radio Pacific repeated that the host, speaking as a Cabinet Minister, had chosen to

apologise to Catholics if he had offended them with his harmless good fun. Radio

Pacific added that it had not been involved in the apology in any way and maintained

that the broadcast did not breach the broadcasting standards.

Mr Englert's Complaint to the Broadcasting Standards Authority - received 14

November 1995

Dissatisfied with the broadcaster's reply, Mr Englert referred the complaint to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Maintaining that he considered the broadcast to have breached standard R14, Mr

Englert asked why had Pacific sent him a copy of ARC's Chairman's letter. The item,

Mr Englert wrote, lacked good taste and decency and he asked why the broadcast was

not preceded with a warning that interviews to be broadcast were only skits.

Radio Pacific's Response to the Authority - 16 November 1995

Radio Pacific explained that the interview was not intended to deceive. It continued:

A great deal of "Banksy on Sundays" is humour and from the outset, listening

back to his skit, we consider that it would be stretching things to say that

listeners could take it seriously. It is of course possible for a complainant to

claim deceit, but Radio Pacific does not believe such a claim to be credible.

Repeating its argument that the skit did not breach standard R14 in view of its

humour, Radio Pacific stated that it had forwarded a copy of Mr Warren's letter (of

the ARC) as it believed it to be pertinent to the complaint.