BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

According to a review of the film Matilda broadcast on Lake City 96 FM on 7 April

1997 at 8.50am, the main character's parents were played by Danny de Vito and his

"real-life wife".

Lee-Ann Mead objected to the description of Rhea Pearlman, an acclaimed actress in

her own right, as Danny de Vito's real-life wife. In her view, it would only have been

acceptable to describe her thus if Ms Pearlman had been named. When Lake City 96

FM failed to respond to her complaint, Ms Mead referred it to the Broadcasting

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

In its response to the Authority, Lake City 96 FM advised that it believed it had

resolved the matter to Ms Mead's satisfaction by telephone, having apologised to her.

However, the station did not believe the review was offensive, and noted that it was

sourced from the Independent Radio Network. It declined to uphold the complaint.

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

Decision

The members of the Authority have read the correspondence (summarised in the

Appendix). On this occasion, the Authority determines the complaint without a

formal hearing.

In a review of the video Matilda, broadcast on Lake City 96 FM on 7 April 1997, the

reviewer explained that the main character's parents were played by Danny de Vito

and "his real life wife".

Lee-Ann Mead of Rotorua complained that it was demeaning to Rhea Pearlman to be

described as Danny de Vito's real life wife without herself being named, when she was

an acclaimed actress in her own right and should be recognised for her own skills.

Ms Mead referred her complaint to the Authority when she received no written

response from Lake City FM. In her referral she complained that she had not received

a response from the Station despite phone calls to the Station Manager and an

assurance that her complaint would be dealt with.

When the Authority sought a response from the Station, it appeared that the Station

Manager believed that the matter had been satisfactorily resolved by telephone, when

an apology was given to Ms Meads.

In her final comment, Ms Meads advised that no apology had been made, although she

had discussed the matter with the Station Manager. She considered her complaint was

genuine and legitimate and therefore should have been appropriately dealt with by the

Station.

The Authority assessed the complaint under standard R14 of the Radio Code of

Broadcasting Practice, which 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

b the expression of serious opinion, or

c in the legitimate use of humour or satire.

The Authority considers this complaint is concerned with a relatively minor matter

and, although it can understand the complainant's view and her preference for

expressing the relationship between the two actors in another way, it does not

consider that there was a breach of standard R14. Accordingly, it declines to uphold

the complaint.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
7 August 1997

Appendix

Lee-Ann Mead's Complaint to Lake City 96 FM - 9 April 1997

Lee-Ann Mead of Rotorua complained to Lake City 96 FM about a video review

which was broadcast on 7 April 1997 at 8.50am.

The review was of the film Matilda, and the reviewer described the main character's

parents as being played by Danny de Vito and "his real-life wife".

Ms Mead objected to Rhea Pearlman, herself an acclaimed actress, being described as

Danny de Vito's real-life wife. In her view, the reviewer devalued both herself and her

skills by not mentioning Ms Pearlman by name. Describing a woman as someone's

real-life wife was, in her view, not an adequate way of describing a woman or her

abilities.

Ms Mead advised that she had attempted to get a copy of the tape but had been

unable to do so. She understood it was prepared by the Independent Radio Network

and that 96 FM was one of many stations in New Zealand which played the review.

Ms Mead's Referral to the Broadcasting Standards Authority - 18 May 1997

When she received no response to her complaint from Lake City 96 FM, Ms Mead

referred it to the Broadcasting Standards Authority under s.8(1)(b) of the Broadcasting

Act 1989.

Ms Mead explained that in spite of phone calls to the Station Manager and a further

written complaint directly to the station, no response had been forthcoming. She

advised that after her last telephone call about 3 or 4 weeks previously, the Station

Manager had promised to listen to the review and advise her of her opinion on it.

Ms Mead believed it made a mockery of the complaints procedures that she had

received no response.

Lake City 96 FM's Response to the Authority - 23 May 1997

The Station Manager reported that she had spoken to Ms Mead on the telephone and

had apologised for the review. She said that Ms Mead had been given the option of

resolving the matter on the telephone or writing a letter. She had chosen to resolve it

by telephone.

The Station Manager advised that the review was an Independent Radio Network line

feed. She did not personally find the review offensive, but did apologise to Ms Mead.

Ms Mead's Final Comment - 3 June 1997

When asked for a brief final comment, Ms Mead responded that she had not received

an apology from the Station Manager with respect to the complaint. She

acknowledged that she had spoken to the Station Manager, but advised that the matter

had not been resolved.

Ms Mead believed her complaint was genuine and legitimate and could have easily

been determined by the Station, had it wanted to.