BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

The criticism by some Maori of the use of the haka by the English group, the Spice

Girls, was the topic discussed on Newstalk ZB's talkback (host: Ritchie Watson)

between 5.40–6.00am on 29 April 1997.

On behalf of the Rowan Partnership, David James complained to The Radio Network

of New Zealand Ltd, the broadcaster, that the host's comments breached the

broadcasting standards because they tended to echo or encourage prejudices expressed

by callers against Maori. Moreover, the host had brusquely terminated the one caller

who tentatively advanced concern about the Spice Girls' performance of the haka.

Arguing that a broadcaster achieved balance in the robust and forthright environment

of talkback radio by employing hosts with a variety of views, the Radio Network said

it was unfair to decide a complaint about talkback on the basis of a 20 minute segment.

In addition, it argued that the host had been critical of the Maori group who raised the

specific issue, not of Maori generally.

Dissatisfied with the broadcaster's response, on behalf of the Rowan Partnership Mr

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

of the Broadcasting Act 1989.

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

Decision

The members of the Authority have listened to the part of the programme complained

about and have read the correspondence (summarised in the Appendix). In view of the

issues raised, the Authority determines the complaint without a formal hearing.

The performance of the haka by the English group, the Spice Girls, reported in the

print media and shown by TVNZ, evoked some controversy. It was reported that

some Maori objected for cultural reasons, and entertainer Willie Jackson expressed

some criticism on TVNZ's Holmes programme.

The criticism was taken up by some callers to the midnight to 6.00am talkback session

broadcast by Newstalk ZB, (host: Ritchie Watson) shortly before 6.00am on 29 April

1997.

On behalf of the Rowan Partnership, Mr James complained to the Radio Network, the

broadcaster, that the host's comments between 5.40–6.00am demeaned Maori. First,

Mr James stated, the host was clearly in support of callers who criticised the attitude

exemplified by Willie Jackson, and had "brusquely terminated" the one caller who

tentatively supported the other point of view. Secondly, when one caller asked

whether Maori sought a royalty for the performance of the haka, the host had

commented:

Don't you believe that they were diddled out of anything – they're too shrewd

for that.

Thirdly, in response to another call, the host remarked:

They're supposed to be oppressed but they waste so much of everybody's time

on this trivia that you wonder.

Mr James complained that the programme breached standards R1, R5, R7, R9 and

R14.

The Radio Network assessed the complaint under the nominated standards. They

require broadcasters:

R1   To be truthful and accurate on points of fact in news and current affairs

programmes.

R5   To deal justly and fairly with any person taking part or referred to in any

programme.

R7   To respect the principles of partnership between Maori and Pakeha in

New Zealand society in actively seeking a balanced contribution and views

on matters relating to that partnership.

R9   To show balance, impartiality and fairness in dealing with political

matters, current affairs and all questions of a controversial nature, making

reasonable efforts to present significant points of view either in the same

programme or in other programmes within the period of current interest.

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 Radio Network maintained that it was important to consider the complaint within

the context of talkback programmes. It wrote:

Ritchie Watson is but one of many talk hosts engaged by Newstalk ZB. Talk

radio, by its very nature, is controversial, and it is an essential element that a

host be robust and forthright in their views. Talk radio stations achieve balance

not within an individual talk host's programme, but through the variety of hosts

with different opinions who are engaged. Taking Newstalk ZB, the opinions of

Ritchie Watson can be diametrically opposed to those of say Paul Holmes or

Leighton Smith.

Further, it wrote, talkback programmes often dealt with news of the day, and some of

the hosts gave strong and provocative opinions in order to elicit a response. Referring

specifically to the current complaint, the Radio Network explained that currently there

were very few complaints which raised standard R7, as callers' extreme views on

Maori issues were now less frequently expressed.

As another general point, the Radio Network pointed out that a host had little control

over callers, and as all calls were taken on the midnight to dawn session, it was unfair

to judge the programme by one 20 minute segment.

Dealing with the specific standards, the Radio Network declined to uphold the

complaint for the following reasons: standard R1, as the host was expressing opinions

and not facts; standard R5, as the host was not unfair to anyone; standard R7, as the

remarks did not show disrespect for the principles of partnership; standard R9, as

hosts with a variety of opinions were used; and standard R14 as, in context, Maori

generally were not being denigrated or discriminated against.

When he referred the Rowan Partnership's complaint to the Authority, Mr James

argued that talkback radio needed hosts who were committed to assisting callers

intelligently, rather than inflaming prejudice. Turning to the specific standards, he

maintained that the comments were a statement of fact, that the host was unfair to the

caller to whom he gave a "flat put-down", and that the comments about "diddling"

demeaned all grievances claims and involved "Maori-bashing". On the issue of

encouraging racial discrimination, Mr James accepted that the haka performance by the

Spice Girls was a trivial issue but, he argued, the host encouraged listeners "to hang

their prejudices" on the story.

In its report to the Authority, the Radio Network maintained that the host's

performance was "no more nor less than many every day in New Zealand radio". The

host's comments on partnership issues, it continued, were mild and did not imply that

all past dealings were dishonourable. The remarks did not encourage the expression of

prejudices as they focussed on one particular group who opposed the haka

performance in those circumstances – not on Maori generally.

In his final comment to the Authority, Mr James maintained his complaint, and

wondered whether "Maori-friendly" talkback hosts were in fact employed. He

accepted that the exchange about which he complained could well be not atypical of

talkback generally but, he argued, that did not make it any less objectionable.

As Mr James acknowledged when he referred the complaint to the Authority, the

specific issue on which the discussion was based – the performance of the haka by the

Spice Girls in Indonesia – was trivial. The Authority also agrees that issues which are

relatively minor in themselves can be used by some as an opportunity to express more

extreme views – whether critical or complimentary.

On this occasion, the complaint focussed on the comments made by a talkback host.

The remarks made by the callers are not in issue. The Authority takes into account

that talkback hosts sometimes express views which are designed to provoke listeners.

The complainant alleges that the host used the incident as an occasion on which to

advance anti-Maori prejudices.

On this point, which the Authority regards as the core of the complaint, the host made

one or two comments which could be seen as being critical of current Maori

aspirations. These comments were relatively brief, they were dealing with a minor

issue, they were not advanced in a dominating way, they were one man's assertively

expressed opinion, and they occurred during a robust and forthright talkback session.

Taking all these matters into account, the Authority does not accept that the

comments breached standards R1, R5, R7 or R14.

The statutory requirement for balance in the talkback environment is the more

complex issue. The Authority's practice to date has been to regard the maintenance of

open lines as usually sufficient for the broadcaster to comply with this requirement.

On this occasion, the broadcaster had advanced the proposition that a range of hosts

meets the requirement for balance. The Authority does not believe it is necessary to

determine this issue in the context of the present complaint. Lines were open for

listeners to comment, and as noted in the complaint, a contrary view was advanced.

The Authority agrees that this call was terminated relatively abruptly, but given the

nature of talkback, does not accept that it amounted to a breach of the standards.

The Authority is not prepared to rule on the basis of the material available, that the

full broadcast lacked balance, and accordingly, it does not accept that standard R9 was

contravened. Nevertheless, because the matter is not straightforward, the Authority

considers that it is appropriate to record its intention to discuss with broadcasters

who broadcast talkback sessions how they can best ensure that balance, as set out in

s.4(1)(d) of the Broadcasting Act 1989, is attained by the station.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
7 August 1997

Appendix

The Rowan Partnership's Complaint to The Radio Network of New Zealand

Limited - 5 May 1997

On behalf of the Rowan Partnership of Wanganui, David James complained to The

Radio Network of New Zealand Ltd about some comments broadcast during the

talkback session on Newstalk ZB shortly before 6.00am on 29 April 1997. The

session hosted by "Ritchie", he said, breached standards R1, R5, R7, R9 and R14 of

the Radio Code of Broadcasting Practice.

The topic under discussion was the complaint by some Maori, especially the

comments made by entertainer Willie Jackson, about the performance by the Spice

Girls of the "haka". Mr James said the host ("Ritchie") made plain his support for

the callers and brusquely terminated one caller who tentatively supported the other

position. At the end of his session, the host had spoken about "positive calls", apart

from the one near the end which "wound me up".

Mr James recalled that one caller had asked whether Maori wanted a royalty to which

the host responded: "Don't you believe that they were diddled out of anything - they

were far too shrewd for that". Mr James maintained that the comment demeaned all

Maori grievances - including the settlement between the Crown and the Waiata -

Tainui - and, together with Ritchie's subsequent comments on the royalty theme,

breached the standards.

In response to another call, Ritchie had remarked, "They're supposed to be

oppressed, but they waste so much of everybody's time on this trivia that you

wonder". However, Mr James pointed out, only two Maori had commented on the

issue and it was not covered on National Radio or Mana news. That suggested, Mr

James concluded, that Ritchie and his callers used the story to express other

antipathies.

The Radio Network's Response to the Formal Complaint - 12 May 1997

Barrister Brent Impey responded on behalf of The Radio Network. Before assessing

the complaint under the nominated standards, he observed:

Ritchie Watson is but one of many talk hosts engaged by Newstalk ZB. Talk

radio, by its very nature, is controversial, and it is an essential element that a

host be robust and forthright in their views. Talk radio stations achieve balance

not within an individual talk host's programme, but through the variety of hosts

with different opinions who are engaged. Taking Newstalk ZB, the opinions of

Ritchie Watson can be diametrically opposed to those of say Paul Holmes or

Leighton Smith.

Explaining that talk radio dealt with current events into which Willie Jackson's

comments on the Spice Girls haka fell, Mr Impey observed that standard R7 was

prepared at a time when more extreme views on Maori affairs were expressed on talk

radio. He added:

Over the last few years, where there has been a greater understanding by

broadcasters of these issues, the number of complaints under Rule 7 have

dwindled to almost nothing.

Further, he commented:

A final general point relates to the nature of talk radio itself. While the host can

drive the issues and make comments, he or she has no control over the opinions

being expressed by the listeners. On a midnight to dawn programme all callers

are taken to air in order of calling, and all views are expressed. In this particular

20 minute snap shot you heard all but one caller supporting the stance that

Ritchie Watson took on the issue. You will find by regular listening to talkback

that there are many occasions when the position taken by the host is challenged

time and again by listeners who adopt a different stance.

Dealing with the specific standards nominated, Mr Impey said that standard R1 did

not apply as the host was expressing an opinion, not facts. He did not accept that

anyone had been dealt with unfairly in contravention of standard R5. In regard to

standard R7, he wrote:

Rule 7 - The issue here is the respect for the principles of partnership between

Maori and pakeha. The issue is whether the words complained of failed to

respect the principles of partnership (my underlining). In my view that rule

does not relate to comments on previous negotiations but is intended to reflect

the fact that Maori and pakeha are in partnership in NZ. It draws a long bow to

move from shrewdness in negotiating to "demeaning all Maori grievances".

Standard R9 was not breached as balance was obtained on talkback by employing

hosts with a variety of opinions. In response to what he described as the serious

allegation of a breach of standard R14, Mr Impey pointed out that the issue was the

haka by the Spice Girls in Indonesia. Taking this context into account, Mr Impey

added that the issue could not be considered to be a serious one and, furthermore, since

the programme other Maori had supported the action of the Spice Girls.

The Radio Network declined to uphold the complaint.

The Rowan Partnership's Referral to the Broadcasting Standards Authority - 19

May 1997

Dissatisfied with The Radio Network's response, Mr James, on behalf of The Rowan

Partnership, referred the complaint to the Broadcasting Standards Authority under

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

He first questioned whether it was appropriate for the broadcaster to use a lawyer to

rebut the points he had made, rather than conducting of an impartial investigation. He

also enclosed a copy of the editorial from the Listener dated 24 May which canvassed

the same points as were brought out in the complaint.

Dealing specifically with the broadcaster's response to his complaint, he rejected the

suggestion that talkback radio achieved balance by using hosts with a variety of

opinions. He contended:

What we urgently need is a set of hosts who, whatever their opinions, are

committed to assist callers and listeners to explore issues in a humane and

intelligent way, not to inflame and echo prejudice and ignorance.

He questioned the relevance of the comment about the lack of control of callers,

pointing out that he was concerned with the host's comments.

Mr James asserted that the host's remark - that Maori had never been diddled - was,

in his opinion, a statement of fact. Further, the host had been unfair and unjust to the

caller who had tentatively tried to advance an alternative view.

On the issue of partnership, he wrote:

I suggest that in this instance the relevant issue is firstly how Newstalk ZB

supports and reflects on the primary partnership between the Crown and

Maori, on which all other talk of partnership is predicated. The Crown itself

has acknowledged many of its own failures to honour that partnership, and the

acknowledgment of that failure has been further reinforced in the findings of the

Waitangi Tribunal and in the judgements of various Courts. Ritchie Watson's

comment, that listeners are not to believe that Maori were ever diddled out of

anything, explicitly demeans all such grievances, and maintains the fiction that all

past dealings with the primary partnership have been honourable ones. And

secondly, the tenor of all his comments is basically Maori-bashing, and therefore

opposed to the principle of partnership as it applies now in the broadcasting

rules.

Mr James said that the broadcaster had missed his point when he referred to standard

R14. He was not concerned with the performance of the haka by the Spice Girls, but

the way the host had encouraged listeners to "hang their deeper prejudices on this

minor story".

The Radio Network's Response to the Authority - 23 May 1997

Explaining that he had been retained to handle complaints for The Radio Network

because of his involvement with the Radio Broadcasters' Association, Mr Impey again

replied on behalf of the broadcaster. Should the Authority have any difficulties with

this arrangement, he asked that he be advised accordingly.

He pointed out that talkback was robust and, on occasions, forthright but that did not

justify the complainant's reference to fascism or Stalinism. As for the specific

programme complained about, Mr Impey maintained that the host's approach was

typical of most hosts in that he was offering opinions and taking a position. He

added:

With respect to this complainant, his real complaint seems to lie with the fact

that Ritchie Watson in an entertaining and forthright manner held strong

opinions on a subject and encouraged callers with a similar point of view to

express them. In my submission that is not a breach of the codes.

As for the standard R7 reference to partnership, Mr Impey stated that the comments

were mild and that the accusation of Maori bashing had to be seen in context. Turning

to standard R14, he argued that the host's comments were criticism of the particular

group who opposed the use of the haka by the Spice Girls. The comments did not

refer to Maori generally.

The Rowan Partnership's Final Comment - 29 July 1997

Expressing regret that Mr Impey was acting for the broadcaster rather than

impartially, Mr James stated that he had been trying to point out by the reference to

Stalinism that a "balance" achieved by encouraging prejudice on either side did not

serve the country well. He wondered whether Newstalk ZB employed "Maori-

friendly" talkback hosts.

Mr James maintained that his call for hosts who were able to assist callers in a humane

and intelligent way was not contradiction for them to be forthright. He cited the

names of some hosts in support of this argument.

He accepted that the host's performance on the morning complained about was similar

to the performance of all talkback hosts. That did not make it any less objectionable.

The hosts was incorrect in complimenting Maori on their ability to negotiate as it had

been established were tricked by the Europeans.