BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Stating that he was quoting his father's comment about the Australian prime minister's

promotion of republicanism, the host on Newstalk ZB said "No bog-Irish bastard is going

to take my Queen away from me". The comment was broadcast during the introduction

of the morning session on 17 March 1994.

As an Irish person, Mr Tracey complained to Radio New Zealand Ltd that the comment

was offensive and racist and in breach of the broadcasting standards. Such bigoted

comment, he said, reinforced negative racial stereotypes.

RNZ denied that the comment in context breached community standards of taste and

decency. Moreover, while it maintained that the remark referred to one person only, it

argued that the provocative comment referred to the Irish positively. Dissatisfied with

RNZ's response, Mr Tracey referred the complaint to the Broadcasting Standards Authority

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

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

Decision

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

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

Authority has determined the complaint without a formal hearing.

The presenter's introduction to the morning session on Newstalk ZB on 17 March 1994

referred to Australian republicanism and included a remark about the Australian prime

minister, allegedly made by the presenter's father, that:

No bog Irish bastard will take my Queen away from me.

Writing as an Irish person, Mr Tracey complained to RNZ that the comment was offensive

and reinforced negative racial stereotypes.

RNZ assessed the complaint under standards R2 and R14 of the Radio Code of

Broadcasting Practice. They requires broadcasters:

R2  To take into consideration currently accepted norms of decency and 

good taste in language and behaviour, bearing in mind the context in which

any language or behaviour occurs.

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, occupational 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.

Arguing that the comment did not involve indecency or obscenity and had not

contravened community norms, RNZ denied that standard R2 had been breached. The

lack of offence felt by the community, it added, was evident by the absence of formal or

informal complaints. It also maintained that standard R14 had not been transgressed as

the comment referred to one person only, not a section of the community, and

furthermore, the use of the term "bog" in conjunction with the Irish was a compliment.

Mr Tracey denied the accuracy of the later observation when he referred his complaint to

the Authority. For five centuries, he insisted, the association of "bog" with the Irish had

been used in a pejorative sense only.

The Authority's members had varying degrees of familiarity with the term "bog Irish" and,

accordingly, have spoken to some Irish people about the phrase. None of the people

spoken to, the members reported, was in the least offended by the term. As the word

"bastard" can have different connotations depending on the context and manner in which

it is used, the members listened carefully to a tape of the broadcast complained about. It

decided that its use on this occasion had not been in bad taste and had not encouraged

discrimination.

Referring to the Oxford Concise Dictionary, the Authority was not prepared to agree with

RNZ that the phrase "bog Irish" was a compliment. However, as this term, in conjunction

with the word "bastard", had been used in the robust talkback environment, allegedly as a

quote from the presenter's father, the Authority concluded that its use on this occasion

had been light-hearted and had not contravened either of the nominated standards. The

Authority would note, however, that the same words used in a different style could well be

in breach.

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

Signed for and on behalf of the Authority

Iain Gallaway
Chairperson
7 July 1994

Appendix

Mr Tracey's Complaint to Radio New Zealand Limited

In a letter dated 17 March 1994, Mr Francis Tracey of Auckland complained to Radio

New Zealand Ltd about a comment made that morning by presenter Leighton Smith on

Newstalk ZB.

In referring to Australian republicanism, Mr Tracey wrote, Mr Smith had said:

No bog Irish bastard will take my Queen away from me.

As an Irish person, Mr Tracey said the comment was both offensive and racist. In

addition, it was unprofessional and reinforced negative racial stereotypes.

RNZ's Response to the Formal Complaint

RNZ advised Mr Tracey of its Complaints Committee's decision in a letter dated 6 May

1994 when it reported that it had assessed the complaint under standards R2 and R14 of

the Radio Code of Broadcasting Practice.

RNZ noted that the standards reportedly required broadcasters to maintain standards of

good taste and decency in context and not to encourage denigration or discrimination.

With regard to the good taste and decency requirement, RNZ argued that the comment

did not involve indecency or obscenity. Furthermore, the absence of any other complaints

suggested that community standards of taste and decency had not been contravened.

The full text of the comment was recorded:

..The Prime Minister and his Republic: um, there's a number of issues there that

I'm sure we will discuss throughout the morning, including issues involving the

Privy Council. But, as my Father said once upon a time (not that long ago) about a

certain current Australian Prime Minister (not to name any names, of course), -No

Bog-Irish bastard is going to take my Queen away from me. - or words, basically,

to that effect. The same principles could well apply here - I suppose. We'll talk

about that as well.

The cricket yesterday: well, I said to you yesterday ...

RNZ then observed:

It should be clearly understood that Leighton Smith is (as is usual with talk-back

broadcasting) setting the "agenda" for the programme and in doing so is being

deliberately provocative, to stimulate debate.

Analysing the specific comment made, RNZ argued that it referred to one particular

person - not all Irish people - and that the reference to "bog" in conjunction with Irish

denotes "the wild, courageous and patriotic people of Ireland"

Furthermore, with regard to the complaint about encouraging denigration, RNZ

maintained that the comment referred to one person only - not to Irish people in general -

and in addition could fall within the exceptions to the standard which allow for the

"expression of serious opinion, with legitimate satirical overtones".

Mr Tracey's Complaint to the Broadcasting Standards Authority

Dissatisfied with RNZ's response, in a letter dated 30 May 1994 Mr Tracey referred his

complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989.

Questioning RNZ's insensitivity to matters of a cultural nature generally and its use of

historical evidence on this occasion, Mr Tracey insisted that:

... for some five centuries the association of "bog" with "Irish" has been used only in

a pejorative sense.

The phrase "bog Irish bastard", he concluded, was unacceptable for use by a national

broadcaster.

RNZ's Response to the Formal Complaint

As is its practice, the Authority sought the broadcaster's response to the complaint. Its

letter is dated 3 June 1994 and RNZ's reply, 7 June.

Observing that it had little to add to its earlier comments, RNZ stated that the association

of "bog" with "Irish" of "Irishman" was recorded by the Oxford language authorities.

RNZ added that in its opinion it was "not irrelevant" to count the number of formal or

informal complaints when assessing community standards.

Mr Tracey's Final Comment to the Authority

When asked for a brief comment on RNZ's reply, in a letter dated 17 June 1994 Mr

Tracey said he was dissatisfied with the way his complaint had been handled by RNZ. It

had attempted to explain away the ugly bigoted comment when an apology would have

been sufficient.